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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received a letter from a company saying i owe £7000

Customer Question

I have received a letter from a company saying i owe £7000 and they have sent a Land registry application and a court date . I am very worried about losing my home . Can you help and give me an idea as to where i stand in this matter ? I lost my son in a car accident 6 years ago and haven't coped well with finances and post .Therefore i wasn't aware of any debt of this company
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Has there been a County Court judgment please?
Customer: replied 2 years ago.
Its an application to enter a restriction on the property . I have to respond before the 16th dec 15 and there is a court hearing in January
Customer: replied 2 years ago.
If i object i have to give reasons why legally
I dont know what reasons would be the best to stop this from happening . Its very worrying
Expert:  Ash replied 2 years ago.
Ok but has there been a county court judgment first?
Customer: replied 2 years ago.
Not that i am aware of
Expert:  Ash replied 2 years ago.
Who have given you until December to respond? Do you accept you owe the money?
Customer: replied 2 years ago.
The Land registry have given a date to respond by the 16th dec . I arent sure what company its for that the 7000 is owed
Expert:  Ash replied 2 years ago.
You said there was a Court date? Is that 16th?
Customer: replied 2 years ago.
Yes
Customer: replied 2 years ago.
No sorry i have to respond to the land registry claim by the 16th . The court date is 15th jan x
Expert:  Ash replied 2 years ago.
But why is it in Court? Does the document have a Court claim number on it?
Customer: replied 2 years ago.
Yes it has a claim number B7FG707P
Expert:  Ash replied 2 years ago.
OK. Does it say it is as a result of a County Court Judgment?
Customer: replied 2 years ago.
Not that i can see . I dont want to go to court as the date is my sons birthday . The one that died
Customer: replied 2 years ago.
It just says its a court hearing
Expert:  Ash replied 2 years ago.
Did you get a claim form and asked to file a defence earlier in the year?
Customer: replied 2 years ago.
No not received anything
Expert:  Ash replied 2 years ago.
Ok. You need to contact the Court to see if this as a result of a County Court Judgment. If so then you can apply to set it aside using form n244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
But you can only do this if you have a realistic prospect of defending the claim. If you dont apply to set aside and wait until the Court hearing then the charge will be granted if its on the back of a CCJ.
So apply to set aside. Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thank you Alex . If the charge is granted what does that mean . Please tell me i wont lose my home . Will i have to pay back the £7000
Expert:  Ash replied 2 years ago.
The last resort is you lose your home. A charge makes the debt secure. This means if you dont pay it back then they could potentially apply for an order for sale. But in reality on £7000 a Judge isnt going to grant an order for sale.
Does that help?
Alex
Customer: replied 2 years ago.
You have put my mind at rest a little x
Expert:  Ash replied 2 years ago.
Happy to help - good luck.
Alex
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Customer: replied 2 years ago.
How do i apply to set aside the case? Where do i get the form ?
Expert:  Ash replied 2 years ago.
Please see above. You use form n244 and I also gave you the link. You apply to your local court.
Does that help?
Alex
Customer: replied 2 years ago.
Looked at the n244 online and it appears a legal representative should complete it ?
Expert:  Ash replied 2 years ago.
No you should complete it, it's simply box to tick for legal rep.
Does that help?
Alex
Customer: replied 2 years ago.
Do i tick that a want a legal rep ?
Expert:  Ash replied 2 years ago.
No that is only if a solicitor is acting on your behalf which they are not.
Alex