Second charge default- claim for possession of property - wrong address on court form

[johnyb121]

Hi,

I have a second charge on a property which I have defaulted on roughly 3months ago when the term came to an end I was up to date with all payments.

They have now put in a 'claim for possession of property'.

The address the claimant is making a claim against on the court form is my home address and not the property they have the registered charge against.

If I go to court will this be thrown out due to the incorrect information showing on the court form under the section 'claimant is claiming possession of' ...wrong address

I did receive a letter from their solicitor which had the correct address showing so I am a bit confused.


I am in the process of getting this repaid as I have exchanged on a piece of land which will cover all the outstanding costs this is due to be completed in January

Thank you for the help

[Amethyst]

They would need to serve the court papers on you at your home address, however the possession application is for the property over which they hold the charge.

Are the charge holders aware of your intentions with the land and paying off the debt ? If not inform them and send your submissions to the court asking any order be suspended pending the completion of the land sale which will enable you to settle the charge debt in full.

Not sure how you have defaulted on the arrangement for instalment payments if you made the agreed payments for the full term though ? Could you explain that ?

Was the charge from a secured loan or from a CCJ debt being secured ?

[johnyb121]

Hi, Thank you for your reply.

The forms were delivered to my home address.

Where it states on the front page of the court form 'the claimant is claiming possession of' .... it is showing my home address which is not the property they have a claim against. They have a charge on my second property which I rent to my two daughters. This is the address that they should be claiming against but is not on the court form.

Yes they are aware but are not willing to wait until the completion in January.

Thank you

[MIKE770]

Modern day incompetence with paper work and records has no bounds, companies have a brain for money not sense