Response to Money Order Judgement

They do not have one and have written to say;

It is our understanding that no court proceedings ever took place and they do not have a money order judgement but do not need one'

From what Carol told me back in October when I spoke to her they must have one, as Jacky found out to her cost, but it is very unlikely that they will go to court to get one after this amount of time. I have used text from this site and a bit of advice given by a friend to say:

'I am advised that a money judgement is a court judgement that a borrower owes the shortfall amount remaining after lenders sold their repossessed property. Lenders should seek such a judgement from the courts shortly after they repossess and, where this is refused, have to return to court within one year of selling the property in order to issue a summons for the shortfall.

Please explain why no court proceeding were taken in order to comply with the requirements above. I am advised that if this action was not carried out then there is no debt.'

This and a lot else was in a letter sent on 16th November, since when - Nothing. I will write soon using text as in 'Action when it has gone quiet'. Whatever happens I will keep you posted.

Thanks for the help

[ Previous | Next ]