Charge on Property

[bobneedhelp]

thanks and thanks very much ...i did sleep for about 5 hours today and i guess it is good to do that...you mention what to say and why? what do I say and why? if i do not know what's coming around the corner - sigh! I am glad to know that it will be a room and hope I can come out in one piece - mindset tells me differently - too many stories and televisions ....sigh!

[bobneedhelp]

x20, Pete, Olive and all

Just to let you all know that for all the others DCA's (read though letters from them again and again and found 4 in total with 10 lettters written (1CCA and 1 Statute Barred) of each written to (DCA, Appointed Solicitors, other DCA's).

I have managed with good help to get (letter M and N) prepared and will try to send them out today with the £1 postal order for the CCA - thread on 'Registered County Court Judgement'. One question - since I have not had an reply yet, I will ask here for help too - Do I have to write on the postal order and what is it that i write? Thanks again.

[bobneedhelp]

On the POSTAL ORDER Issue - still no reply from anyone yet! sorry for perstering again - HELP if you are around!

DO I hand write the names of the DCA or appointed solicitors on the postal order? Is this alright to do so? UNSURE and NEED ADVISE PLEASE - I like to go out this afternoon and post these letters if possible.

And Do I need to take a photocopy of these postal order too?

[surfaceagentx20]

If nothing has arrived in tomorrow morning's post, give the court a ring to find out when the hearing of your application to set aside the judgment will take place. You need to know where you stand on this because of the application for a charging order to secure the judgment and which is due to be heard on 1 September.

If your application is to be heard after 1 September you may want to ask on the phone if the Judge would adjourn the charging order hearing until after your application has been decided. He may already have done this because the likelihood is that the court would adjourn the charging order application pending the hearing of your application to set aside. Knowing this, the Judge might adjourn it now and save you having to go to court on 1 September.

If the court does not adjourn the 1 September hearing before that day you will have to go to court on 1 September to ask the court to adjourn it.

On the postal order issue, I think you're asking how to fill out a postal order. You need to get the name of the company who will cash the postal order on to the postal order. That name will be the same as the name of who you send it to. All this is done down at the post office. If the post office doesn't provide a service for electronically printing that name on to the postal order then it needs to get on there by some other way. That other way would be in hand writing.

x20

[bobneedhelp]

postggj - thanks. I have bought the postal order and I will have to write the DCA i.e. Hamptons Legal, Red Debt Collection Services, Lowell portfolio I Ltd and so on. I am assuming this is right and I will also crossed the postal order too.

YES I will give the court a call tomorrow afternoon if I do not receive any letter from the court and will ask as stated.

[OLIVE.FAMILY]

Hey Bob,
Just popping in to say hi and keep up the good work. Once you have posted off them letters it is all a matter of waiting.

You are doing well xxx

[bobneedhelp]

Olive thanks alot for the confidence - i am keeping my chin as high as I can ...at the moment, I am feeling tired and will go sleep for a short while and be back real soon ...thanks once again for being here for me.

[bobneedhelp]

big breadth .... I have slept for a good number of hours for the weekend ..for the first time .. I am able to walk alone and think a little straighter ....mostly being a little happier ..thanks ...I have not heard from the court as to whether they will let me have the Application Notice Hearing first before the Charging Order Hearing - tomorrow is Bank Holiday and I think the court is shut? so I will call Tuesday and hope it is not too late - sigh!

[bobneedhelp]

I am going out for a walk now and have some fresh air and just walk and walk - I will be back later THANKS.

[TheChancellor]

Originally Posted by bobneedhelp

I am going out for a walk now and have some fresh air and just walk and walk - I will be back later THANKS.

Good Luck Bob.Remember DLTBGYD

[debbbbsy]

Bob, from my own experience at my charging order, the Judge made it perfectly clear that because of the current state of the housing market, & if every charging order became an order to sell the courts would be putting 1000's of people on the streets everday & they are reluctant to do
this.Yes they have the CO, but they can do nothing withit.
So please put this concern to one side & focus on getting this setaside.
Debs

[bobneedhelp]

Thanks debbbbsy for the reassurance and will focus on the set a side. I need every reassurance and support as this has happened so fast ...i am still getting my mind to accept it fully .... I am feeling ok'ish and will fight this through and I am sure I will come out alright in the end ..whatever the end maybe.

[surfaceagentx20]

Bob,

Have you rung the court yet to find out what date has been fixed for the hearing of your application? If not I urge you to make the call ASAP.

x20

[bobneedhelp]

x20, Olive and everyone hello to you all
Today I call the court and they inform me that they have adjourned the Charging Order Hearing till next month - this is to allow each side to PREPARE??? for the case - they also told me that the Set Aside Hearing will be heard first and then the Charging Order Hearing - this I assume is good, as has been advised by x 20 to make sure that I get the Set Aside first. Now What? Do I wait or do I need to consider and prepare anything?.

I have written letter M and N to the DCA's and it should be with them by now. Question?I wait for the 12 days and then what?

[surfaceagentx20]

Good news and as I figured should happen in post 64.

You must therefore wait to learn when your application to set aside the judgment will take place. All the grounds in support of set aside are set out in your application notice. If the opponent intends to oppose your application they may wish to present written evidence. Let us know in due course when the set aside hearing will take place and whether any evidence comes in from the oposition.

x20

[bobneedhelp]

ok x 20, I will post as soon as I hear from the opposition. May I ask what are the some of these written evidence they can come out with? some examples maybe from previous experiences if any!! I am getting excited and also feeling rather nervous with the developments to date - BUT I know I am doing things now with good help and support and I am telling myself to be brave and do this to get me back to the ground and off my feet once again.

[surfaceagentx20]

The main feature of your application to set aside the judgment is that you have a good defence to the claim. That defence is that the debt was statute barred when proceedings began.

Any evidence from the opposition will be designed to show the debt is not statute barred. They might do that by showing that when they began proceedings

[1] the 6 year limitation period still has time to run,
[2] you had made a payment in reduction of the debt not more than 6 years before, or
[3] you had delivered a written acknowledgement of the debt to the creditor not more than 6 years before.

As I understand your case it is that the opposition will be unable to show any of these things, but you never know. Hence, as and when and if they come up with anything, let us know.

The other issue they may raise is that the application to set aside was not made promptly enough. I covered that point in the evidence in support of your application by saying it was made as soon as you knew about it albeit the judgment was quite old. The opposition may suggest you knew about it much earlier. I do not know what the oposition might rely on. However the important point to get across is the debt was statue barred. Any issue about promptness will be secondary if ignoring the statute barred defence would lead to manifest injustice. Dealing with cases justly is the fundamental objective of the court.

x20

[bobneedhelp]

I really could not remember the time - I can remember i suffered from stress and depression from work around 97 until 2000/01? when i finally had to resign from work. I had treatment and been to my doctors on many occassion ....sick notes, anti-depression prescriptions and now still suffers from stress and depressive symptoms. That was the toughest and hardest period of my life ..and me going round to live with different family members, friends was life support then ..in addition to the family taking me back to my home country to take me away from these stresses which they felt was not doing me any good. Since I was not working and suffering from depression, repaying debts was last of my issues.
I know these debts was from around 88-91, and following my separation/divorce I took over all debts and repay small amounts from 92 until 2001 or so ..I cannot find any informations to verify this though.
So, I cannot remember when I last made payment but i think I stopped since suffering from depression and soon after I resigned from work 2000? or 2002? They can write to my doctors and they will have this record. I don't even know these exact dates because i cannot recall at all!!!!.
So I hope the debt is statute barred. I shall wait for their response on the letter M & N and post these on for all to see and advise me on what to do next.