Dear Mark,(posted 7908 days ago)Thanks for your response and help to date. A thought that really worries me (although we do not have the problem now) is that anyone who has been lumbered with simultaneous Possession & Money Judgement Orders is up the creek without a paddle.
At least when it is a straightforward Possession Order one is able to get the BS back into Court and argue if they have mismanaged / undersold after repossession. Where there is a MJO issued at the same time the BS seem able (from your info) to enforce this without leave of the Court, unless it is over 6 years after the Order is issued. This means that one would be unable to argue against the Judgement whatever the BS decided to do. They could sell for £1.00 and just enforce the MJO for the shortfall. A ridiculous example I know, but it does demonstrate that, with a MJO, they believe that they are invincible.
Before we knew that there was no MJO I spoke to the Court and said that I wished to apply for a set aside of the MJO. Their reply was that, unless there had been an administrative error at the time of issue, it was a waste of our money as the Judgement was legal. I think that our laws are crazy and that this one (the issue of simultaneous Possession & Money Judgement Orders) in particular needs reviewing.
Regards, Mike.