unknown Cabot/hasall CCJ/CO. old EGG debt was poss SB'd .trying to sell house.Egg Charging Order

[medimogul]

Good evening

 

I am hoping somebody can help me with advise.

 

 

My wife currently owns a house with her mum.

Her mum moved out about 9 years ago when she remarried and instead of selling my wife went onto the mortgage and became 50% owner.

 

they have had an offer on the house and are in the process of selling.

The solicitor today rang to say we they aware of a charging order in mother in laws name.

 

She didn't have a clue about it but so far has managed to find out the following:

The DCA is Cabot.

They have said that she needs to speak with the Solicitors 'Wright Hassall' (seems a really apt name!!!!)

 

She contacted solicitors and they have said that the original debt was with Egg (apparently. Until MIL said she has never had an egg credit card, they mentioned two other potential creditors it could be)

 

The charging order was on the 16/12/2013 for a fee of £6,113.25.

The last payment (or default, she can't remember) on this account is 02/07/2007.

The account balance was £5066.25

 

She has never had a credit card so obviously wants to dispute this in its entirety.

She didn't live at the address the letters were sent to so was unaware of the judgements.

 

I have told her that she needs to request a CCA from the solicitors etc.

 

The problem is, the house sell.

 

 

Obviously they don't want to pay this, but will not be able to sell the house if they dispute it.

Can they dispute it retrospectively?

really really really appreciate the advice given

[dx100uk]

if the house was jointy owned in 2013 is cant be a charging order but a restriction type K.

 

 

if so you can sell the house and tell them afterwards

all and bugger they can do about it

you are indicating that the debt was possibly staute barred before the date on the claimform? [that's one month BEFORE the CCJ was issued]

 

 

if it was you can get it all set aside and nulled.

 

 

so time to go check the land registry entry any write down EXACTLY what it says.

[medimogul]

I now have the land registry details showing court, case number, date (14/02/2013) amount and showing as unsatisfied judgement. I guess she now just has to contact the court with the reference number and get the claimform?

[dx100uk]

yep ring northants bulk

 

 

does it indicate the type of charge on LR?

[medimogul]

Nope that's all it says. I should also note that my wife has a vested financial interest on the mortgage not 50%. That was my mistake.