HFC/Restons CCJ & CO - Selling property. Heeeeeeelp

[sillygirl1]

Stop panicking and calm down.

 

If a property is empty and non residential then the local council should do a reduction in the tax.

 

I can't help on the buildings insurance but I would imagine that if you DONT inform the company that the property is empty then there should be no problem, I believe you only need to inform them if the property is non-residential for 6 weeks or more.... at least that was what happened when my Aunt recently sold her property. The insurance company in her case said there was provision for this (some people do go away for longer rather than shorter periods these days).

 

The more you try and worry about the situation the more scenarios you come up with. Deal with things on a day to day basis. I would recommend ringing the Estate Agents on Monday and ask them to co-operate with YOU rather than the mortgage company for the next few weeks. Remember THEY are instructed by YOU and NOT the mortgage lender at the moment.

 

The mortgage company have a 'vested interest' in 'working' with the original Estate Agent and they would not help at the moment, only hinder (believe me, I've been there and suffered the consequences).

[sillygirl1]

Your plan for Monday is

 

1. Inform the council that the property is vacant - they should offer a 3 month 'relief' on the council tax.

2. Inform the Estate Agents the original sale has collapsed (they probably know anyway), say you want the place taken off the market for a week then remarketed at a higher price...

 

Take it day to day.

[hitchy1]

Todays update.

 

Went to council tax office,

they only offer 25% relief so will have to pay £96 per month in the meantime.

 

Also buildings cover is expensive on an empty property £155 for 3 months.

 

Gas and electric will need to stay at a low level to avoid freezing pipes.

 

I have instructed estate agents to try and sell and have given a deadline of end of January,

unfortunately if it doesnt sell by then i will have to voluntary surrender.

 

Fingers crossed. I will inform mortgage company tomorrow that i am remarketing until the end of January and not paying them in the meantime.......should be interesting.

[sillygirl1]

Well done, I will keep my fingers crossed for you.

 

Hopefully you will get a sale, apparently there are cash rich buyers waiting out there (according to a local estate agents leaflet shoved through the door today)!

[hitchy1]

Update:

 

finally i have a sale which is £2k below what i need

but the mortgage company have accepted the proposal to pay the shortfall

and Restons have agreed to release the charging order.

 

Interesting thing with Restons is that i have commenced paying the ccj payment again which is £35 per month.

 

Their documentation sent to me indicates that there is £22k outstanding

but the paperwork i received from the lender and who receive the money indicates £16k.

 

I smell a rat but dont know what to do.

 

Im 90% certain that the judge did not allow any interest payments when they won the ccj

but i have lost the paperwork relating to this, all i know was that it was in 2005.

 

I also checked the original loan and i did not take ppi.

 

Can anyone advise on how i should now deal with the ccj/charging order please?

[dx100uk]

I would 'doubt' they were given permission to charge post judgemental interest.

 

of 3 ccj's I know for that era pestons did not request it

and would probably been told to ...by the judge.

 

the only way you can get to the bottom

of this is to demand to see the paperwork pestons are relying upon.

 

dx

[hitchy1]

So do i ask them to provide the paperwork or should i contact the court?

[dx100uk]

I thought you'd already been to the court before and they said they hold no details.

 

you need

an sar to HFC did you do that in nov when you said you would,.....

 

until you get all the paperwork again from every source

 

all you can do is refuse restons post judgemental int

and ask them to prove its on the CCJ

 

and referred to on the CO.

 

dx

[hitchy1]

Surely i can get a copy of the ccj ?

Wont this tell me the details.

 

Im not trying to avoid the monthly fee just to ensure they are not adding costs to it.

I already have a statement from HFC in July 2013 showing 16k outstanding and i dont dispute that

What i dont understand is how Restons are saying it is £22k.

[hitchy1]

Also it was Restons who said they hold no paperwork, i have never asked the court.

[dx100uk]

ok well you need all the paperwork from whatever source

[hitchy1]

Can someone advise me the process for getting copies of the ccj from the court.

I only know that the judgement was sometime in 2005.

[dx100uk]

I would very much doubt the court will have any details now sadly

do you know the CCJ number

 

if you do ring northants directly and ask

[hitchy1]

Unfortunately i cant find anything.

I will look through any paperwork i have again tomorrow, but im not hopeful.

Would details be on my Experian report as i could do the free trial on that?

[dx100uk]

was this 2005 ccj or 2009?

 

you give both dates in this threads time.

 

dx

[dx100uk]

CRA file might well have the number yes.

 

was it transferred to your local court?

 

dx

[hitchy1]

Sorry i was away last night.

The date was 2005 and it was heard in my local court and i did attend.

I am virtually certain the judge stipulated no additional charges and no increase in interest was to be applied.

[BRIGADIER2JCS]

Ask for a copy of the judgement order!

[hitchy1]

Do i ask Restons or the courts?

[dx100uk]

both!

[hitchy1]

I contacted the local county court

 

who gave me a website to do a search on myself.

 

The cost was £4 and the result was nothing on record.

 

Im guessing that might be because of the length of time.

 

I am hesitant to contact Restons at the moment as the house sale is not yet complete.

 

Are they obliged to send me a copy of the judgement?

[dx100uk]

you mean they poked you to trustonline?

 

what as the point of that

other than you needed the number so's they could look in up?

 

if this was a 2005 ccj it wont be on there

its expired

 

dx

 

 

dx

[hitchy1]

Sorry, but im getting more confused.

 

If it's expired why do Restons have to release the charging order so the property can be sold.

 

Also i am still paying the monthly fee as agreed in court in 2005.

 

Surely if i stopped paying they would take me straight back to court for not complying with a ccj!

[dx100uk]

the charge on the property does not expire till paid.

 

I would seriously be stating to restons

that you refuse to pay any interest until they PROVE by a copy of the relevant court

docs they ARE entitled too it.

 

dx

[BRIGADIER2JCS]

Monthly FEE?? For What?