Urgent Help-avoid start process of 14days ccj being served

[kaal]

Hi Everyone,

 

About 11 years ago i lost my job, I had a nervous breakdown and my house was repossessed, and I ended up owing the building society about £25,000. There was no way I could make the payments.

 

 

With my family we stayed here and there, until we got back on our feet,

and finally we bought another house, but never heard of the building society, partly because we moved about, and they probably didn't know where we were.

 

just recently, we had a notice in the post from the court saying we owed a debt of £25,000 and we have 14 days to respond, otherwise a ccj would be added by default.

I am panicking, because we have just build our lifes, and this would destroy us again. It would mean that a ccj would also put our lifes on hold for 6 years.

 

Can anyone please help me, on how I can avoid or stop this situation.

We were thinking of moving and renting somewhere else, and renting our own property to someone else. Would they still be able to issue a ccj?

I have read the notes with the notice, but they just point to a ccj being added anyway.

 

Any advice would be helpful.

[thunderpuss2k]

First things first.. calm down, relax and take a deep breath.

 

Second, has it been issued through Moneyclaim or your local Court? If it's Moneyclaim, there'll be details on how to file an acknowledgement of service online. You should do this as soon as possible, which'll give you 28 days from the date of service (the date you received the documents). If it's via your local Court, again there'll be instructions in there but you'll have to do the acknowledgement via paper and post.

 

Thirdly, can you type out the 'particulars of claim' section and post it here? Remove any personal identifying information (just replace it with X's or something) but make sure the bulk of the details are there so we can take a look and see what the next step is.

[kaal]

In the xxx county court between xxx(claimant) and Mr & Mrs Kaal(defendants).

1. By way of a legal mortgage dated 20 March 1989, Mr & Mrs Kaal charged the property known as xxxxx to the claimant.

2. The claimant obtained possession of the property on 1 October 1999

3. on 4th april 2000 the claimant sold the property in excersise o its power of sale as mortgagee in possession for the sum of £24000

4. At the date of sale, the amount outstanding under the mortgage was £47,295.80

5. In the premises there is now due and owing to the claimant from the defendant the sum of £23,295.80

6. Further, the claimant claims interest pursuant to secion 69 of the county court Act (1984) at the rate of 8% per annum at a daily rate of

£5.11 to date of judgement or payment or sooner.

7. We commenced corresponding with th defendant on 12 july 2001 however despite numerous leters and attempts to contact ou offices in relation to this matter we have been able to reach an amicable repayment arrangment.

8. the defendants are jointly and severally liable for the full amount outstanding under the mortgage as detailed above.

 

AND THE CLAIMANT CLAIMS

 

1. THE SUM OF £23,295.80

2. INTEREST PURSUANT O DETAILS IN PARAGRAPH 6 ABOVE: AND

3. COSTS

 

SIGNED: COLLECTIONS OFFICER

[thunderpuss2k]

OK, this one is going to be a little tricky. The statute of limitation is normally six years, but on mortgages it's 12 - so they're within their time limit for enforcing collection of the shortfall.

 

Have a read of this: Mortgage Shortfall | Payplan - it gives you a bit more info.

 

Whatever you do though, get the acknowledgement of service in. It'll buy you some extra time. You might need to seek proper legal advice as this is a rather large amount and they could in theory force you into bankruptcy or get your current property repossessed - although this is unlikely as either way they won't get much (if any) of their money back.