Equita HCEO Bailiffs at my door for Brothers Northgate Vehicle Hire debt with CCJ/CO - Brothers is on Deeds - But has never lived here.

[bottleliving]

I have a bit of a grave situation that my brothers debt has put me in.

 

Let me start from the begining:

 

I bought my mothers house that she lived in off the council after renting it for a cpl of years after she passed. The sale of house was done in feb 2015. The only way however I could buy the house was to have my brother on the mortgage with me. My brother although being named on the deeds has never contributed towards the house, be it mortgage or bills, never lived here and is not on the electoral roll.

 

My brother has subsequently got himself into debt with Northgate Vehicle Hire and now I have bailiffs turning up on my door from Equita threating to take my belongings away simply because my brother is on the deeds. I do not know my brothers address other than the fact he lives with his girlfriend.

 

My brother is a budding actor and buries his head in the sand where money issues are concerned and fleets between jobs when he can get them. I have tried to contact my brother many times over this and he ignores my messages and phonecalls.

 

I really do not know where to turn to or what to do.

 

I have looked into re mortgaging to take my brother off the deeds but a number of things are holding me back.

(1) I am on a debt management plan as i was made redundant from a well paid job a few years ago and therefore could not repay the current monthly instalments for my loan and credit cards at the time,

(2) Nortgate have put a charging order on my house in relation to my brothers debt

(3) Even though i'm allowed to sell the house without given the discount back to the council that i initially was given when i purchased the property there is still a clause in my agreement that the council have 1st refusal to buy back the property up to 2025.

 

Any sound advise would be greatly appreciated as this is causing me no end of stress

 

Many thanks in advance

 

Anyway 

[honeybee13]

Hello and welcome to CAG. 

 

I'm sure we can help you with this and it may not be as bad as you think. Please bear with us until people are able to get here, weekends are always a bit quieter for us. 

 

Best, HB

[dx100uk]

i've slightly retitled your thread to make things clearer.

 

1st i will expect the CCJ/CO is only a restriction k, meaning

if you re mortgage with the same lender is doesn't need paying

if you re mortgage with a new lender then most probably you will have to settle it.

 

now in terms of the bailiff,

i will guess as you say HCEO, that the debt must be in excess of £600 else they can't ever get involved.

also..the other thing to check is if the original Hire agreement was regulated by the consumer credit act as again that can preclude HCEO's being involved....and exactly what is owed.

 

For your piece of mind it doesn't matter what the debt is nor it's value but it's obviously consumer credit related so there is NO right of forced entry, however, they could levy upon a car thinking its his but as they are (wrongly) telling you they can take your goods, i think they know the score.

 

i would go and do a statutory declaration that will deal with the bailiffs.

 

dx

 

[bottleliving]

Thanks for the reply, as that has given me some peace of mind, however given that this is a debt that my brother has incurred how do i find out about his credit agreement, I guess I will just have to take that as given.

 

Secondly is there a sight where i can download a statutory declaration in light of my predicament as i am getting all sorts of guidance when searching online in light of this all of which are irrelevant 

 

Thanks

[dx100uk]

Use our enhanced google search box.statutory declaration

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Statutory declaration goods&oq=Statutory declaration goods&gs_l=partner-generic.12...12689.32211.0.34137.27.11.0.0.0.0.6370.26978.0j1j4-1j1j0j2j0j5.10.0.csems%2Cnrl%3D13...0.19521j56583217j27...1j4.34.partner-generic..25.2.1609.CbAtSTVaqPg