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CCJ set aside and mortgage balls up

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  • CCJ set aside and mortgage balls up

    Hi,
    I’d be really grateful for advice please.

    Husband and I sold house in England recently . Found it impossible to have an offer accepted in Scotland simultaneously, so moved into a rental, supposed to be very short term.

    we had a mortgage agreed in principle with Santander and did credit checks on ourselves and all good. Mortgage broker went ahead with the application in full as we recently had an offer accepted on a Scottish property.

    Last Tuesday we had the devastating news that we had been refused due to my poor credit. They wouldn’t give me any other information other than There was something adverse on my transunion account. I did so via “check my file” and there is a CCJ from October 2017 registered to an address that I left in 2012. It only shows on transunion.

    I contacted the County Court and was informed that this was issued by Northumbrian water by default. I phoned Northumbrian water and was told that this was for unpaid water bills On 2016 to 2017, lots of correspondence sent, no response, CCJ issued in absentia. It’s for just over £700.

    In order to give a full picture and not drip feed-
    I bought this property with my ex fiance in 2011 and due to the relationship becoming abusive I left very quickly in 2012 and rented a place on my own. When I moved into my own flat I contacted Northumbrian water and advise them that I had moved home, and opened an account in my sole name. I have never missed a payment or anything in my entire life before. (Also,Strangely I applied for a mortgage in 2019 with Newcastle building society and it was granted no problems.)

    Anyway, I explained the situation to Northumbrian water and they asked for council tax bills et cetera from my addresses post-2012, which I duly sent, and they have now issued me a letter on headed paper stating that the CCJ against me was an error, I did not live at the address during the relevant time period, the debts or not mine and I was not liable for the monies. The letter states that they have gone onto the trans-union live portal and removed my association from the address. The letter also states that they will not oppose the set aside of the CCJ in any manner. (I had already applied for this set aside as soon as I became aware of the situation )

    Before I got this letter from NW, because I did not know how long it would take them to clarify matters, I submitted an N244 form and paid the fee. I did this on the day that I found out about the CCJ which was last Tuesday.

    I made it very clear in the N244 document that I did not live at the address, i told NW I had moved , I did not know anything about the debt or a CCJ, I have not had contact with the person living at that address since 2012, and that I was liaising with Northumbrian Water in the hope of them confirming all of this (which they later did, in the letter I have mentioned).

    I received a letter from the courts on Friday saying that the set aside hearing has already been issued to Durham County Court. what alarmed me in this letter was that it had both my and my exes name on ( obviously it was a joint CCJ). I have not considered the fact that we would have to have a joint set aside hearing…He has not engaged with the courts at all, did not submit the N244 form and did not pay the fee. He still lives at the address related to this debt. He was a gambling addict and had allsorts of Financial secrets and money problems,so I imagine this is the tip of the iceberg for him and throwing demand letters/ CCJ threats in the bin is common practice. Obviously I’m speculating! Relevant : When I phoned the County Court the first time and explained the whole situation I was informed that there is also a charge order, only against my ex, for the same debt from Northumbrian water. This was issued after the CCJ. I have to stress that about six months after I left the property I managed via a solicitor to have my name taken off the deeds / mortgage.

    We have Contacted the lender that rejected us and explained everything, they have agreed to reopen our mortgage application and have a senior underwriter review the letter from Northumbrian water. There are some where I have requested a set aside. I have said that I think this will be a mandatory set aside because the water company entered the wrong information when filing the CCG. Policy of this lender is that the CCG is an automatic decline, but the fact that they have offered to take a look at this letter gives me hope and it clearly indicates me and says it was an error. Paragraph can

    Regarding the set-aside here I have contacted the court and said I am not comfortable for any of my up-to-date information (e.g. current address, married name) contained on the N244 form to be shared with my ex, and I have said that I would prefer not to have a joint hearing due to the relationship becoming abusive. Just the thought of having to be in a joint hearing with somebody who made my life hell is making me have pain attacks and I have stopped sleeping for the past few nights (I’m seeing the GP tomorrow). I have emailed the court and asked if it is possible to have the hearing by telephone where we are telephoned separately, or if it is possible for me to have a hearing in absentia. And I have provided all the information to the court including a letter from Northumbrian water.

    I suppose my questions are:

    Is there anything else I have not done and should be doing in order to have the CCJ removed ?

    is there anything I can do to speed up the set aside process so that I do not lose the house we are trying to buy?

    Is there anything else I can do to aid my appeal to the lender that has rejected us? We really do not want to have to go with the sub-prime lender when the CCJ is very likely to come off?

    Are the court allowed to share my N244 form or current information with the other defendant, my ex? I have expressly asked that they do not do this and I really hope that, given that he allowed this to happen in the first place, He won’t actually respond to any documentation from the courts or attend a hearing.

    I think that’s it for now. This whole thing has been such a horrible shock and dredged up some awful memories. I have two little girls and I’m desperate to get them in rolled into preschool, I found a house that was affordable and perfect and now my horrible shit of an ex is about to ruin it all for me!

    Lastly, I apologise for any typos I’m doing this on my iPhone.

    Thank you in advance.




    Tags: None

  • #2
    Sorry for the code for the typos I hope the above makes sense

    Comment


    • #3
      More typos! Due to the way this site is laid out on an iPhone it’s very difficult to see what you have written until after you press submit! And AutoCorrect seems to be running wild.

      Comment

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