Tweet
I defaulted on a credit card (capital one) approx 5 years ago. I have recently found out I have had a CCJ put against my name. I have a mortgage on my home but due to financial difficulties rent it out to pay bills and sofa surf at various friends. I never ever received any court papers so had no chance to speak up for myself. I have now received a letter from Mortimer Clarke threatening more costs and court action to get an attachment of earnings order. I would happily find a solution to pay an old debt of just over £1000 but have zero way to pay the now £5000 debt with a company I never entered in any kin d of financial arrangement. Is there a way to actually speak to the court and have a new hearing as I never received any papers with regards to the first hearing? I was directed to this website from another one, thanks to those who read this post and more thanks to anyone who takes the time to reply!
Loading...
-
Tags: None -
Do you know how long ago the judgment was obtained ?
Was the judgment issued to your address ( just that you weren't living there at the time as a tenant was ?)
Capital one will have sold ( assigned ) the debt to Cabot after you defaulted - they are entitled to do this and basically Cabot became the creditor from that point.
Theres info on setting aside the judgment here https://legalbeagles.info/library/ho...-judgment-ccj/ which would put the case back to the start so you could defend it ( and suspend any attachment of earnings applications they might be making)
Not sticking my oar in as its not my area of knowledge at all but be careful with renting your house out without permission of your mortgage lender - there are often terms against doing it in the mortgage conditions.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps -
Thanks for the link. With regards to letting out a home to somebody without telling the mortgage company I appreciate they don’t approve of this but when one has no choice they have to take a chance. I only have two years left on the mortgage (interest only unfortunately) and definitely need the CCJ removed before I renew.Comment
1 of 2
<
>
SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
2 of 2
<
>
Support LegalBeagles
LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.
See more
See less
Comment