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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: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Has there been a County Court judgment please?
Customer: replied 1 year 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 1 year 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 1 year ago.
Ok but has there been a county court judgment first?
Customer: replied 1 year ago.
Not that i am aware of
Expert:  Ash replied 1 year ago.
Who have given you until December to respond? Do you accept you owe the money?
Customer: replied 1 year 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 1 year ago.
You said there was a Court date? Is that 16th?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year 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 1 year ago.
But why is it in Court? Does the document have a Court claim number on it?
Customer: replied 1 year ago.
Yes it has a claim number B7FG707P
Expert:  Ash replied 1 year ago.
OK. Does it say it is as a result of a County Court Judgment?
Customer: replied 1 year 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 1 year ago.
It just says its a court hearing
Expert:  Ash replied 1 year ago.
Did you get a claim form and asked to file a defence earlier in the year?
Customer: replied 1 year ago.
No not received anything
Expert:  Ash replied 1 year 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 1 year 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 1 year 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 1 year ago.
You have put my mind at rest a little x
Expert:  Ash replied 1 year ago.
Happy to help - good luck.
Alex
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Customer: replied 1 year ago.
How do i apply to set aside the case? Where do i get the form ?
Expert:  Ash replied 1 year 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 1 year ago.
Looked at the n244 online and it appears a legal representative should complete it ?
Expert:  Ash replied 1 year ago.
No you should complete it, it's simply box to tick for legal rep.
Does that help?
Alex
Customer: replied 1 year ago.
Do i tick that a want a legal rep ?
Expert:  Ash replied 1 year ago.
No that is only if a solicitor is acting on your behalf which they are not.
Alex

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