Tweet
I don't really understand it all I'm a vulnerable person I don know what the deb is I suspect it's 12 years old I have jus go a letter sayin they ha an interim charge oh on our house its allegedly my debt there is a hearing on the 28th Feb to make it permanent .What should I do any help would be fantastic I'm worrying myself to death here . I suffer from mental health issues so please be kind
Loading...
-
Tags: None -
Re: wright hassal on behalf of cabot trying to put charge on house
Did they take you to court to and get a county court judgment against you? Did you defend? Did you even receive any particulars of claim at all? Or was the first you heard about it when they applied to place a charging order?
We need a full back story on previous legal action etc. Being a vulnerable person, doesn't mean they can not enforce a debt in court or get a charging order on your property am afraid to say.
You said the debt was 12 years old, but when was the last payment actually made? As the 6 year clock to statute barred debts is from the last acknowledgement of the debt (course of action) i.e. month after last payment! What was the debt for?
Are you in Scotland, or England/Wales?Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRR -
Re: wright hassal on behalf of cabot trying to put charge on house
I didn't know anything about it until we got letters yesterday I think the debt is a hfx bank one I'd forgotten all about it I haven't paid them since they threatened me years ago verbally and I have heard nothing since..could I send a letter asking for proof that I owe them moneyComment
-
Re: wright hassal on behalf of cabot trying to put charge on house
Sorry I'm in England I want to go to the court to tell the judge my side can I do that ..I was going to sell the house by tender and my welfare officer said my solicitor would tell them it was sold but at the last possible minute so they have to go back to court to apply for money is this trueComment
-
Re: wright hassal on behalf of cabot trying to put charge on house
Did they have a County Court Judgement against you regarding this debt? Prior to you getting this recent letter?
You need to really provide a detailed background to this debt and all actions taken by them and yourself previous regarding this debt.
At the moment i can not tell if they got a judgement against you previously, whether you received particulars of claim, acknowledged and defended. Whether the Judge ruled in there favor either by default or by not accepting your defense.
What i do know is that they can only go for a charge on your home, if and only if they have previous county court judgement against you for the same debt!Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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