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As they ( Blackhorse and now Cabot ) have a CCJ there is no requirement for them to produce the agreement. The charge on the house is based on the Judgment. Do you have a copy of the original judgment at all and the judgment allowing the charge to be made final ?
To have the charge removed you need to negotiate a settlement with the judgment / charge holder.
I think you're saying that Blackhorse obtained the judgment and charge, and now have assigned the Judgment to Cabot - but not the charge ?
Personally I think you need to forget about challenging the original debt - the time for that was when they made a claim against you all those years ago I'm afraid. Your priority is getting the charge removed as it seems to be holding up your house sale.
If it helps, I had a £6k charge on my house, sold it with no problem and the judgment/charge holder was paid from the equity after the mortgage was paid off.
Of course if you can negotiate a settlement to pay it off for a decent discount and have the charge removed before the house is sold that'd be better by the sounds of it. It's unlikely you'll get it removed without paying something to settle the judgment- as if they wait for the sale they could get the full amount. Actually is it only a restriction not a full charge ?
Basically forget the cca and concentrate on getting the charge removed at as little cost as possible.
Your sols and conveyancer should be able to sort it.
To have the charge removed you need to negotiate a settlement with the judgment / charge holder.
I think you're saying that Blackhorse obtained the judgment and charge, and now have assigned the Judgment to Cabot - but not the charge ?
Personally I think you need to forget about challenging the original debt - the time for that was when they made a claim against you all those years ago I'm afraid. Your priority is getting the charge removed as it seems to be holding up your house sale.
If it helps, I had a £6k charge on my house, sold it with no problem and the judgment/charge holder was paid from the equity after the mortgage was paid off.
Of course if you can negotiate a settlement to pay it off for a decent discount and have the charge removed before the house is sold that'd be better by the sounds of it. It's unlikely you'll get it removed without paying something to settle the judgment- as if they wait for the sale they could get the full amount. Actually is it only a restriction not a full charge ?
Basically forget the cca and concentrate on getting the charge removed at as little cost as possible.
Your sols and conveyancer should be able to sort it.
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