Hi - thanks for your answer. I have applied for the judgement to be set aside, and have sent evidence that I was not at the address at the time, and hadn't been since 1991. I also know that the property was sold, so I could not possibly owe the full amount of £63k(posted 8334 days ago)I spoke to the court who said that I should fill in the attachment of earnings form and it would be held until the outcome of the setting aside was decided
I have taken legal advice, but keep getting conflicting messages - one solicitor said that i had no defence, even if i was unaware of the repo, as i was jointly and separately liable (which I know) - and that the lender (or debt collector in this case) could sell the property for what it liked, at auction if necessary, and whatever it got would be proof enough to the court that it had made attempts to 'mitigate their loss' - I believed, from what I have read from this site, that they had to show that they had properly marketed the property etc - so this is a little worrying. If the shortfall was £26k, it means that they would have sold the property for less than £40k - we paid £64k for it in 91, and it was in prime location, so this seems a little low..
The solicitor then recommended that I call up PSPC's solicitor and try and negotiate - and get them to set aside the order - I'm not sure I want to do this on the phone, but maybe I should write to them - I did write when I received their letter in December 2000, asking for proof of the debt, but they did not answer, and I heard nothing until this bombshell from the court landed on my mat.
What I find difficult to understand is that a court can order an attachment of earnings and not allow the defendant to study proof of the debt and question as necessary - surely they must have supplied this to the court to substantiate their claim? If this is the case, then why shouldn't I too be able to see what they are claiming for?
Any guidance or advice you have from your experience would be greatly appreciated - I believe that I shouldn't be ordered to pay a debt that is unsubstantiated - but where do I go next???