DWF Santander arrears letter.

[FlamingParrot]

Re: DWF Santander arrears letter.

I know, I have researched this quite heavily and have always found conflicting evidence even from the creditors but I am not sure I would personally try this tack unless i was in dire straights

If you are paying your CCJ and can no longer afford the instalments then you apply for a variation, even if it's just £1 a month the court has to accept it if that's all you can afford, that's where the I&E statement comes in.

If you haven't been paying a CCJ that was issued over six years ago, it's often difficult even for the creditor to find any record of it because it would have dropped off the registry, unless they have their own copy of the judgment, of course, but in many cases they don't, and if the debt has been sold on after judgment, then there's even less chance of them finding anything to track it down without any details about the court that made the order or the exact date. That's a practical issue rather than a legal one.

In general, if a creditor applies to the court to enforce a very old judgment they've not enforced earlier, it would be up to the court to decide whether the delay is justifiable in much the same was as if you wanted to set aside a CCJ you've had for years.

As always it was not advice , just something to think about

You may have noticed on my signature that I don't give advice... debt advice is a regulated activity but we don't advice people as such, just tell them what their options are and anyone else can jump in and give a different opinion, which isn't the case when you take advice from a solicitor, the CAB, NDL, Stepchange, etc.

[FlamingParrot]

Re: DWF Santander arrears letter.

Hi all,
Thanks for all the replies.

The ccj was for a car loan thatI took out when I was earning enough money to afford it. Serious illness and redundancy in 2008 changed my financial situation drastically and I am still trying to get things back on track.

Santaander did enforce the ccj by obtaining a charging order on the house I owned at the time. The house was repossessed, also by Santander but from their mortgage department, not via the charging order. It seemed like a case of the right hand not knowing what the left hand was doing.

Unlike a secured loan which is effectively a second mortgage, a property cannot be repossessed to recover a debt secured by a charging order arising from what was originally an unsecured debt. The creditor could potentially apply for an order to force the sale but such orders are hardly ever granted by the courts.

In this case Santander had two separate charges on the house, one for the mortgage and one for the CCJ. When there is insufficient equity in the property to cover all charges, the first mortgage takes priority so Santander would have taken as much from the proceeds from the sale to cover the mortgage and the shortfall would have become an unsecured debt. If there wasn't enough to cover the first mortgage to start with, then none of the charging order would have been paid from the proceeds. These are two separate debts, now both unsecured,. If they haven't obtained a judgment for the shortfall on the actual mortgage, that's just an unsecured debt like any other which they can't enforce unless they take you to court and obtain judgment for it. However, unlike unsecured debts, they'd have 12 years as opposed to 6 to do this. The shortfall on the mortgage doesn't get added on to the existing judgment even if the creditor is the same.