Please help I'm worried sick:(

[Mini lack]

I own a house in my local town which I co own with my brother,we've neither lived ther since about 2009/2010 and have since rented the house out to different tenants,the current tenant has been there a good couple of years one and today I messages her asking if any post had come there as I was awaiting a SIM card for my phone and it hadn't turned up where I live now so thought it may of gone to this address,the girl renting text back saying yes and I also have a load of other letters for you!i presumed just junk mail!to my horror I picked them up this evening and there's letters from 2013 from a company called MKDP LLP who bought 2 debts I had with HSBC from 2005/6 I defaulted on these debts due to losing my job and through much stress and general on goings in life I just forgot about them,I knew subcontiously that I owe the money but just didn't know they'd sold the debt to this company,as I was opening the letters they got worse and worse( from telling me I had the debt to interim charging orders then final charging orders on my property which I own with my brother,we pay interest only payments on the mortgage and still owe what we took out when we bought the house 8-9 years ago,there must of been about 7-8 letters and the case has been to court twice in my absence!i have all the letters layed out in front of me here and I feel so sick I just don't know what to do

[Mini lack]

Re: Please help I'm worried sick

Surely it's occurred to them that I've not replied in anyway to any of the letters and that that's a bit odd!all the warning and court appearance letters,even though I don't have the money to pay these loans off I certainly would of got to court to put my case foreward!

[Mini lack]

Re: Please help I'm worried sick

[QUOTE=Mini lack;583741]Surely it's occurred to them that I've not replied in anyway to any of the letters and that that's a bit odd!all the warning and court appearance letters,even though I don't have the money to pay these loans off I certainly would of got to court to put my case foreward!what do I do I'm so worried I just can't think straight!!please help me with some advice

[EXC]

Re: Please help I'm worried sick

Firstly you need to set out a list in sequential order of what letters you had from whom and when with a brief summary of what each one says - including most importantly the ones from the court.

Also can you tell us when you last paid anything towards the debts you had with HSBC?

[Mini lack]

Re: Please help I'm worried sick

Firstly you need to set out a list in sequential order of what letters you had from whom and when with a brief summary of what each one says - including most importantly the ones from the court.

Also can you tell us when you last paid anything towards the debts you had with HSBC?

I honestly can't remember I'd say it was about maybe 2008/9,I'm just totally shocked that all this has been to court twice in my absence and there's also letters in there addressed to my brother serving him this property restriction and I don't know what to do I feel terrible and so worried that his name has been involved,I've put all the letters together in a bag some ive not even opened but they date back to 2013,should I ring the company,I just don't know what to do,the last court date was July so what could of happened since then?

[EXC]

Re: Please help I'm worried sick

You should open all the letters and tell us about them as above. Only then can we know what we're dealing with and help you.

[Mini lack]

Re: Please help I'm worried sick

I've just opened them and there more of the land charging letters and dates for the court hearings and signed papers from a judgment creditor?i just don't know what the hell is happening or could happen with the house?

[Mini lack]

Re: Please help I'm worried sick

I'm positive one of the amounts was a credit card I had with HSBC and the other a personal loan which from recollection was for about £7000 how is it even possible that they've put a charging order on my house which is jointly owned,is this possible?

[Celestine]

Re: Please help I'm worried sick

Many people in severe debt wilfully ignore letters, even court ones, so it is not at all uncommon for an entire court case to proceed without you. Essentially when you didn't respond to the court claim, they will have got a default judgment against you and sought a charging order to secure the debt.

If the address of your rental property is the only one they had for you, then all correspondence will have gone there.

In terms of what to do, this could be tricky. You would need to apply to set aside these judgments on the basis that you were unaware of them and did not receive the post BUT you have to have a reasonable prospect of success in defending the claims to do this.

If either of the debts is time barred under the Limitation Act 1980 - that could be good grounds. Usually we also advise sending a CCA request to see copies of the agreement. As money is still owed under the agreement, the creditor still has a duty to supply you with copies of the original agreements, so CCA requests need to be sent off asap.

Now that you KNOW about these judgments, the clock starts ticking quite fast in terms of an application to set aside, but before we get to that we need to assess your prospects to prevent you wasting time and energy.

On the positive side, a charging order just sits on the property until sale. Technically the creditor COULD apply to the court to force a sale, but this is pretty unlikely. Your brother may well be annoyed at this development, but presumably you can agree that you would take responsibility for the amounts due and settle that from your equity share if it comes to that.

Lastly, try not to panic, whats done is done. Those 'subconscious' thoughts can be a pest and sadly these debts did continue to evolve whilst conveniently forgotten......now you know what has happened you can try to tackle one by one.

[Mini lack]

Re: Please help I'm worried sick

Thank you for your messages i really do appreciate it! It's so frightening to read letters like that,I'm in no financial position at all to pay back these loans at the minute not unless they'd accept about £40 a month!is it not best to ring the company?do yourselves have a number I can speak to you on? Would just help to hear someone explain it to me rather than reading it,it's just a big blur of words and trying to pick positives out of it all,I wouldn't know where to start with these forms

- - - Updated - - -

Also I havnt told my brother yet as I only opened the letters last night,does this affect his credit rating?

[Celestine]

Re: Please help I'm worried sick

Mini - I have sent you a private message. x

[Mini lack]

Re: Please help I'm worried sick

Thanks for the help and support so far it really is very much appreciated,after feeling extremely numb and lost last night reading through all the court judgements etc I now feel much more positive in trying to sort this out!i'll get the CCA forms sent in as soon as possible,I apologise in advance for any further questions I ask(I'm sure they'll be loads:tinysmile_hmm_t2

[Kati]

Re: Please help I'm worried sick

,I apologise in advance for any further questions I ask(I'm sure they'll be loads:tinysmile_hmm_t2

no apologies needed ... that's what we're here for xx

[Celestine]

Re: Please help I'm worried sick

Can someone pop the CCA guide link and template up please - I'm on my phone!

[Kati]

Re: Please help I'm worried sick

Can someone pop the CCA guide link and template up please - I'm on my phone!

this one?
http://www.legalbeagles.info/forums/...y-of-Agreement
xx