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country court judgement

Discussion in 'Personal' started by chimp is ma nickname, Apr 30, 2011.

  1. Is there anyone on here who might know.
    Can you have one of these to reposses your house or do they just want a payment being made? The letter isn't clear, it just says there is a court judgement then at the bottom it says the property the claim is made against is our address. Thanks if you can help at all.
     
  2. doomzebra

    doomzebra Occasional commenter

    It depends on the circumstances - if it is for repayment of a loan secured on the house then yes they can repossess via a county court judgement.
    In other circumstances, repayment of an unsecured loan can be enforced by the lenders requesting a charge be made against a property. This cannot be usedto reposses the house but will make it hard/impossible for you to sell the property until the loan in question is repaid.
    A third situation is if the lender is declaring you as insolvent. In these circumstances teh house can be repossesed to help settle your debts.
     
  3. oldsomeman

    oldsomeman Star commenter

    As far as know a CJJ is usually for money owing but you can look it up on the web.
    its stands on your credit record and may stop you from getting cheap credit or borowing as basiclly it says your a bad payer.
    They can also be used to claim back other things to allow the courts baliffs to execute a warrent and sieze possessions in your house if you fail to comply witha court judgement...although the person you owe it to has to apply for this.
    Not sure they can sieze the house..more your 'chattels' i think.......but please do check.

     
  4. Thanks, it's not a huge payment it s just over £2000 which we can't pay off straight away but could clear in time, is it worth contacting them and explaining this or is it too late? Thanks again.
     
  5. modelmaker

    modelmaker Occasional commenter

    What's been said already. A CCJ is a formal demand for the payment. Unless the debt is tied to the property it's unlikely the house would be sold. Usually the Judge would allow you to propose a reasonable amount to pay off the debt over time. The thing to remember is that once a CCJ for the debt occurs, no further interest gets added. As Olds says, it affects your ability to get credit and could do so for some time after the debt has been settled. When the debt has been repaid, you need to apply for a Certificate of Satisfaction from the court which will then tell the credit reference agencies the CCJ is cleared.
     
  6. martydog

    martydog New commenter

    I had a ccj and I said I couldnt afford to pay it in full so they accepted payments, however if you missed a payment you had people calling and when the missed payment was paid there were extra charges. So if I was you I would contact them and see if they will accept payments as they tend to accept them, as long as they are getting something they are happy, just make sure you make every payment.
     
  7. modelmaker

    modelmaker Occasional commenter

    The best policy is to make a reasonable offer. £2K is a relatively small amount to owe, although it seems like a lot when you can't pay it. No judge would enforce the sale of your home for an amount like this, even if it was a mortgage provided you made a fair offer and kept to it.
     
  8. No, it's not too late. There should be details of who/how to contact.
    Just do it.
     
  9. Thanks for all your advice. Having a lot of financial problems lately and nearly passed out when that letter came through in yesterday's post.
     
  10. oldsomeman

    oldsomeman Star commenter

    If indoubt go to the local CAB and ask them....but dont ignore the demand/If its already issued you need to talk to the court clerk and there should be a phone number on the paper..if you ignore they will take a distress warrent out and then the baliffs arrive and charge you extra for servicing the debt..which<u> could</u> entail your goods being taken for sale.although they cant take away what you need to live.or any goods which are not yours such as a car if it is on hp( you have to prove it)
    If it reaches that stage and you know they might be coming many folk 'lose; the good stuff' ....but its a risky business as they can return.Some baliffs will agree to a payment system and if you adhere then well and good.
    far better is talk now and agree a term of payments than have baliffs call...thats just adds to the stress level.
    Please seek help from the CAB or the ilk.then learn the lesson to try and not get into debt....not easy i assure youas been there. Blo ody council after thier tax are the worse ones for that!
     
  11. phatsals

    phatsals Occasional commenter

    What you have received is a judgement against you for a debt owing. I am sure you have received lots of correspondence about this debt/s which you have regrettably ignored.
    If you have more than one debt, have a CCJ and owe less than &pound;5000 you can apply for an Administration Order. This is where you pay the court a set amount a month which is then divided equally between your creditors. After 6 months you may apply to have this dept written off (similar to Bankruptcy).
    The CCJ you have received will at the moment be demanding full repayment of the &pound;2k as you have ignored previous correspondece. You may apply to the court for a Variance in order offering a payment which is affordable to you. Calculate your budget (use National Debt Line budget sheet) using realistic figures and make a sensible, affordable offer to the court. It is completely acceptable if this is for &pound;1pcm if that is all you have left over.
    This offer will be accepted by the court, the payment is then made to the creditor. As has been stated, no interest can be added to the debt.
    If you ignore the CCJ the creditor can now send in Bailiffs. They do not have a right to enter your property unless you invite them in or leave windows open. They can however take your car. If you let Bailiffs in they can take a 'walking possession' order on your belongings. This is stickers on your furniture/belongings and they will come for your goods at a later date. At this juncture they can just enter your home.
    If you settle your debt in full within 28 days it is not entered as a Judgement against you. After that it is registered and will affect your credit for 6 years (Statute of Limitations). If you pay or settle your debt you may ask for a notice to be recorded with the Judgement stating it is settled, or giving reasons as to why to ran into this debt. This will come on on any future credit search.
    Please feel free to ask for more information. I was a Debt Advisor for the CAB for some years before I became a teacher,
     
  12. oldsomeman

    oldsomeman Star commenter

    thank you for thatvery sensible answer.i hope he takes notice of what you have written.I have, as i have just learnt somethings.
     
  13. PlymouthMaid

    PlymouthMaid Occasional commenter

    Isn't it great when TES can produce a 'specialist' to give great advice? Brill.
     

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