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Help needed please, am at wits end.

(6 Posts)
LadyGago Thu 20-Oct-11 16:33:15

Need some advice please. Husband and I separated 2 years ago. we have 1 son, now aged 11. Exh went to live with parents. He had a lot of debt, so to clear it borrowed money from a family member (they took a bank loan out in their name, but exh pays the monthly instalments), but to be sure that he didn't default on loan they put a charge against marital home, without my knowledge or agreement. Exh was told he had 2 years to get sorted out and get a loan in his name to clear his family members loan. Which of course he hasnt done. This has gone to court, and basically I have been ordered to sell house to repay exh family member. (Was given option of raising £ myself and buying exh out of property, but I work part time, fairly low wage so not an option)
So, am now trying to rent a property. Put a holding fee down on one last week, but the agent has been on phone saying that when they have done the credit check there is a ccj which went through last year, in Northampton court. (I live in tyne and wear so am confused about this) Have had no paperwork at all regarding this and this is going to be a problem with regard to me renting. Agent is saying i need a guarantor and I really dont want to involve people in my business, and cant even think of anyone in family that I can ask. Is there anyway I can get CCJ removed, or how do I find out who it relates to?
Im sorry Im babbling on, but the past 2 years have been a nightmare with the separation, exh nat paying maintenance and harrassment from his family. I just really need someone to tell me what I need to do next. Thanks

Bossybritches22 Thu 20-Oct-11 22:33:43

I'm sure someone more legally trained would not come along soon.

However if you are not divorced then I suggest you get a solicitor quickly & get it all sorted,I'm not sure how you can be "forced " out of the marital home, particularly if you have a yound DC.

stickylittlefingers Thu 20-Oct-11 22:50:56

LadyGago - get a solicitor!

1) there are very specific protective measures for occupants of a family home. Are you a joint owner of the home? Even if you are not a legal owner, there are still protections, but if you are a legal owner it's cast iron. Was it said that you had given/consented to the security over your home or benefitted from the loan when the order for you to sell the home was made? I'm a bit confused as to how there is an order to sell in these circumstances.

2) I take it you know nothing about the CCJ so it shouldn't be on your credit check? Contact the court in the morning.

stickylittlefingers Thu 20-Oct-11 22:59:32

helpdesk at Northampton Northampton CC is a bulk processing centre so it's not so odd.

Collaborate Thu 20-Oct-11 23:46:30

Might be an equitable charge over his half interest. You need to see a solicitor to take proper advice.

belledechocchipcookie Thu 20-Oct-11 23:54:40

You need to get a copy of your credit file, the CCJ will show up on there. It's £2 I think.

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