Tweet
Hi All, this site is amazing I have read quite a few topics on here already.
Anyhoo the reason im here is because of a debt problem my family thought solved.
Quick summery if there is ever one.
1. my father passed away a year and 6 months ago. my brother was made exacutor of the will, he made sure everyone who had outstanding bills to be paid were paid, including a glazier company who wrote a letter saying that the account is closed and no more payments are requiered.
2 A year and a half later, my brother and his wife asked if they could buy the house, my sister and i had no objections as we were going to get a third share of it anyway.
3 on the solicitors search, they found a caution against the house made out in 1993 in favour of this Glazier company, my brother rang this company up to ask for the caution to be removed as the debt was paid.
4 now they are refusing to remove it saying the estate owes them £10,000, pay that and they will remove it.
5, we delved into this and realised my dad hadnt paid his origanl bill of £5,658 from 1989 as he refused on the grounds they didnt do the job properly, we then found a lot of court papers one for a CCJ to pay forwith the sum of £8,900 to this Glazier company in 1991, then a chaging order nisi for £8,999 but no charging order absolute.
6 we asked the solocitors who are dealing with the house to write a letter to ask for a complete breakdown of all my dads payments he mad to them as we are not sure were why they are asking for another £10,000 on top of what my dad paid them in installments, he had been paying them 45 a month for 17 years and also they seemed so nice when they closed the account too.
Now we have recieved the breakdown, there is no mention of a charging order only the ccj and they say the payments he was making didnt come close to the intrest he owed too. we are totally baffled as he has paid them in the region of £8000 and there was no credit agreements or loan agreements at all, we have all of the documents we can muster, i even went to the courts with what I had to see if they could pull the orginal COA but they dont have any records what so ever, the court enforcment office reckon because its that old all there records would have been destroyed by now, they dont have nothing, neither court order numbers or names, they have done a thourgh search, we have asked the Glaziers solicitors for the orginal documents to back up there claim and nothing.
Now my brother and his wife stand to lose there morgatge application as it runs out on the 7th december.. its a nightmare as noone including our solicitor seems to know what the other is doing, its like a mexican stand off.
Any suggestions out there would be most gratefull.
Thank you.
Anyhoo the reason im here is because of a debt problem my family thought solved.
Quick summery if there is ever one.
1. my father passed away a year and 6 months ago. my brother was made exacutor of the will, he made sure everyone who had outstanding bills to be paid were paid, including a glazier company who wrote a letter saying that the account is closed and no more payments are requiered.
2 A year and a half later, my brother and his wife asked if they could buy the house, my sister and i had no objections as we were going to get a third share of it anyway.
3 on the solicitors search, they found a caution against the house made out in 1993 in favour of this Glazier company, my brother rang this company up to ask for the caution to be removed as the debt was paid.
4 now they are refusing to remove it saying the estate owes them £10,000, pay that and they will remove it.
5, we delved into this and realised my dad hadnt paid his origanl bill of £5,658 from 1989 as he refused on the grounds they didnt do the job properly, we then found a lot of court papers one for a CCJ to pay forwith the sum of £8,900 to this Glazier company in 1991, then a chaging order nisi for £8,999 but no charging order absolute.
6 we asked the solocitors who are dealing with the house to write a letter to ask for a complete breakdown of all my dads payments he mad to them as we are not sure were why they are asking for another £10,000 on top of what my dad paid them in installments, he had been paying them 45 a month for 17 years and also they seemed so nice when they closed the account too.
Now we have recieved the breakdown, there is no mention of a charging order only the ccj and they say the payments he was making didnt come close to the intrest he owed too. we are totally baffled as he has paid them in the region of £8000 and there was no credit agreements or loan agreements at all, we have all of the documents we can muster, i even went to the courts with what I had to see if they could pull the orginal COA but they dont have any records what so ever, the court enforcment office reckon because its that old all there records would have been destroyed by now, they dont have nothing, neither court order numbers or names, they have done a thourgh search, we have asked the Glaziers solicitors for the orginal documents to back up there claim and nothing.
Now my brother and his wife stand to lose there morgatge application as it runs out on the 7th december.. its a nightmare as noone including our solicitor seems to know what the other is doing, its like a mexican stand off.
Any suggestions out there would be most gratefull.
Thank you.