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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1692
Experience:  Solicitor
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A debt collector is in the process of putting a order

Resolved Question:

A debt collector is in the process of putting a order against my house for a £2000 debt. I have an agreement in place with them to pay the debt off monthly after they took me to claims court, the house is co owned with my brother who has received the notice with his name on! Will his credit rating be effected as he's is going for a loan in two weeks he is not responsible for the original debt that was in my name only
Submitted: 3 months ago.
Category: Law
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you.

Does this person already have judgment please?

Customer: replied 3 months ago.
I am the only named person on the county court judgement. My brother has nothing to do with the original debt. However he has received notice as part of the (i think it's called) gating notice. From the debt collectors Solicitor. I've not received any notification from any court to say that a gating order is in effect but have received a letter from the land registry to say they have been asked to add this to the property records
Customer: replied 3 months ago.
Sorry funds are tight until pay day so can't afford your additional offer at this time
Expert:  Jamie-Law replied 3 months ago.

Then the Court rules say that where they are applying for a charging order, then anyone with an interest in the property needs to be notified.

So this would be any co-owner named on the deeds, together with any lenders.

But it wont affect your brothers share at all, it is only charged on YOUR interest in the land.

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
The question was more on whether this would impact my brother's credit score, I assumed he would be notified no matter what. But if he was penalised on his credit file for my mistakes that I assume would not be justified from a legal perspective?
Expert:  Jamie-Law replied 3 months ago.

No, nothing to do with him whatsoever.

It wont show on his credit file/score

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1692
Experience: Solicitor
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Customer: replied 3 months ago.
many thanks for your time. I have the answer I needed
Expert:  Jamie-Law replied 3 months ago.

All the best.

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