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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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I had a temp charge put against my property in with the court

Customer Question

I had a temp charge put against my property in with the court date was set for March 18 2014. I have sold the property and completed on February 28th 2014 and my solicitor had the details of all the charges that were outstanding to pay them off. I went away for treatment and applied for a job however, I was refused because there was a CCJ recorded against me. I then discovered that my solicitors in fact did not pay the lender and hence the CCJ was enforced. I don't have the surplus anymore to pay the outstanding amount. I would like to understand my position with regards ***** ***** CCJ. Can I request the court to look into removing it based on this error? My understanding was that my solicitor should have cleared all outstanding charges before sending me the surplus. please advice
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.

Buachaill :

1. At the outset, a court will not remove a CCJ if you have not paid it. The onus was on you to discharge it before you spent the surplus. Whilst you delegated this to the solicitor, if the solicitor did not do that, then you have to do it yourself or face the consequences. No court is going to relieve you of your own neglect in spending the additional monies left over in the surplus after the solicitor did not discharge the CCJ. . You can seek to sue the solicitor for the failure but you will only get nominal damages, about £200. Otherwise, you are responsible for your own financial affairs, not your solicitor. So you will have to find the monies somewhere if you want this CCJ discharged.

JACUSTOMER-l0agfmqr- :

Thanks for your answer. I was not implying that I will not take responsability for the payment of the outstanding amount. I just wanted to check if I could have the CCJ put on hold as 1. I would have gone to court had I 've known that the solicitor will make such error.

JACUSTOMER-l0agfmqr- :

Apologies pressed the wrong button. 2. I was never sent the breakdown of the items paid by the solicitor , 3. The buyer's solicitor insestance on paying all the chareges before completion. My concern is that I have just been refused a job because of the ccj and this will continue to be the case.

Buachaill :

2. You won't get the CCJ put on hold merely because you or your solicitor have not taken steps to pay it off. You seem to have realise that the only responsibility for paying this off is yours, not your agent, your solicitor. You got the surplus monies and did not pay it off. So I regret to say that these excuses will cut no ice with a court should you seek to place some sort of stay on the CCJ. I appreciate your concern about getting a job. But that is something you should have thought about when the CCJ was entered against you.

JACUSTOMER-l0agfmqr- :

I am not trying to find an execuse. I was shocked to realise that that it wasn't paid and the the ccj. I sold the flat to clear all the outstanding debts I owed.

Buachaill :

3. I appreciate the efforts you have made to discharge your debts. However, I regret to say that a court will not grant you relief merely because you are alleging negligence by your own agent, such as your solicitor. You are expected to deal with these things yourself. Not delegate them to someone else.

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