Solicitor urgently required

[Anon1234]

I'm in the Derby/Nottingham area and am seeking some debt advice (hopefully free).

I'm in danger of loosing my house over an unsecured HP agreement and urgently need the advice of a solicitor on how best to proceed.

PM me if you like.

Any recommendations will be greatly appreciated.

TIA

[Anon1234]

PurpleMoonlight said:

Has the lender taken the assets to which the HP agreement relates, and there is a balance owning?

If so, they would first need to get a CCJ for the debt. Then they would need to get a Charging Order to secure the debt against your home. Then they would need to get a court order for sale.

Where are you in this process?

All of the above events (apart from the last step) have already taken place.
I'm now being taken to court, where the finance companies solicitors are trying to get a court order for sale.

Many thanks to everyone who has replied so far.
I'm now in the position where I urgently need legal advise on how best to proceed and prevent my house from being sold.

[Anon1234]

Sarnie said:

Citizen's Advice?

I went to see them yesterday.
Although as helpful as possible they advised me to consult a solicitor ASAP who is conversant in debt issues - hence my request.

[Anon1234]

mybrainhurts said:

Radio 4 recently ha a bod from the National Debtline, or something. Free advice.

I spoke to them yesterday as well.
Again very helpful, but they tell you upfront that they are not legally trained.

[Anon1234]

soprano said:

If you are willing to post some more details on here you will get some decent advice, I'm not suggesting it as a substitute for seeing a solicitor but your chances of finding somebody to represent you on a pro bono basis is pretty slim.

I realise it's a bit of a longshot, but I'm getting desperate and anything's worth a chance.

How much is the debt, how long has it been outstanding. Have you paid anything, are you paying anything on a month by month basis or are you in a position to do so?

£10k
Since 2008
I haven't paid anything yet as I disputed the debt and still do.
I am able to offer a monthly repayment or a reduced full and final settlement.

What is the position with your house, how much is it worth, is it mortgaged and if so how much equity is there? When was the charge secured and have you made any offers to pay anything? Are there other charges secured against your house? Are you in a position to remortgage to repay the debt? Can you raise other unsecured borrowing to pay the debt?

The house might sell for £160k - substantially less if it goes to auction.
Mortgage is £120k
Charge was secured in 2008
There are £13k of other charges secured against my property.
My credit score is shot to pieces so the chances of remortgaging are nil.
I may be able to borrow a few k of family.

[Anon1234]

Sarnie said:

What are you disputing?

The £13k of 'other charges' secured against your property, is that in addition to the £10k owed for this debt?

Yes.

The original loan was for a car.
After it got repossessed, due to me getting made redundant and not being able to keep up the payments, I was told that the car would be retailed to obtain the best price. If the finance company had done as they said (it was a desirable car, hardly used, right spec, still as new, best time of year to sell etc)instead of sending it to auction, they would have achieved sufficient funds to pay off the loan. As it was the car went for £25k, instead of the £32k which similar cars were going for at the time.
The £7k shortfall + £3k interest = £10k they now claim I owe and it is this which I was and still am disputing.

[Anon1234]

Soprano - Many thanks for your informative reply and suggestions on how I should proceed.
I hope you don't mind, but I've just sent you a PM

Skeggysteve - Thank you for your suggestion.
I've just rang Freeth Cartright (they have offices in Derby and Nottingham)and am waiting for someone to call me
back. How did you manage to get some free advice? I've had a look on their website, but they don't seem to offer
an initial free consultation.

Edited by Anon1234 on Thursday 31st July 17:59