Charge on Property

[bradz1711]

Hi Bob am going through the very same situation here. was in court 7th august for set aside and claimant was there at same time for charging order (they had already got interim order). Both claims adjourned for 2 months. I too am claiming that the debt is statute barred and on the day the judge ordered that the claimant send me proof of any payments that were made within the 6 year period and that they must do so within 14 days. Needless to say they sent nothing. Dont worry about the charging order too much, if you win on the statue barred defence then any charging order will not exist and if you are unfortunate not to win then it is highly unlikely that you will be forced to sell property as long as you come to an arrangemnt to pay off debt(this is a scenario that we dont want to see). I have had a solicitor write to the claimant today to make them send the details hopefully they will see that I amighting them all the way and if they cant provide proof then they will pull out. Good luck mate and keep your chin up

[bradz1711]

Hi Bob am going through the very same situation here. was in court 7th august for set aside and claimant was there at same time for charging order (they had already got interim order). Both claims adjourned for 2 months. I too am claiming that the debt is statute barred and on the day the judge ordered that the claimant send me proof of any payments that were made within the 6 year period and that they must do so within 14 days. Needless to say they sent nothing. Dont worry about the charging order too much, if you win on the statue barred defence then any charging order will not exist and if you are unfortunate not to win then it is highly unlikely that you will be forced to sell property as long as you come to an arrangemnt to pay off debt(this is a scenario that we dont want to see). I have had a solicitor write to the claimant today to make them send the details hopefully they will see that I amighting them all the way and if they cant provide proof then they will pull out. Good luck mate and keep your chin up

[bobneedhelp]

bradz1711 ..gee thanks for the encouragement and support ...a new experience and it is frightening ...not knowing the unknown ....but I am keeping my chin up and thanks again ...

[bobneedhelp]

x20
Letter received from court - can I put court name and the adjourned dates on reply? or not? Please advise me what action (if any) do i need to take?

The letter reads:

Before District Judge (name) sitting at Court (name and address).

Upon the Defendant having made an application to set aside judgement.

IT IS ORDERED THAT

1. The Final Charging Order hearing listed on (date/month/year) be adjourned and re-listed together with Defendant's application to set aside judgement on (date/month/year at 2.00 p.m. with a total time of 30 minutes.

2. The Interim Charging Order to continue in the meantime.

Dated 26 August 2008

Now What?

[bradz1711]

Hi Bob your welcome, I know how worrying and frightenning this all is. Your letter says more or less the same as mine only mine said tha the claimant was ordered to supply details (proof of payment within 14 days, I didnt get my letter till 16 days after the hearing and a solicitor has advised me that in escence the 14 day order really doesnt mean a lot because it does not state what action the court will/can take if they fail to comply (which they failed to do). Anyway i phoned the court a few days after hearing and was told that 30 minute timeslot was because of both hearings in same court and that my hearing would be first and then they would have their hearing. Its all frustrating but remember at the moment the charging order is pending so the havent really got your property. I will stay with this thread and when i hear from my solicitor about whats happening and which options are available i will post details. Dont let them grind you down pal at least you are here and theres plenty of help and support, some poor souls are just facing this alone.

[OLIVE.FAMILY]

Hiya Bob,

Sorry I aint been around much. Had a few court issuses to deal with myself. I could still be about for hearing for moral support will let you know nearer the time. Looks like you are getting more control over this now so well done. Keep up the good work you have been getting some very sound advice.

Olives xx

[bobneedhelp]

Thanks Bradz1711 for the information ..it is really useful and I need all this support and help to see me through this .... it has not been too easy for the last 6-8 years but I have not face my own demon and hopefully come out feeling better , one way or another ...it is tough and hard not knowing and feeling lost but with all the help and support here at CAG, I will come to the end of this.

[bobneedhelp]

Olive, thanks and I know you have been busy dealing with your own issues at court and I hope it went alright there. You are right, I am keeping my head high and although feeling worried, I am beginning to get to grips (albeit very little at this stage) .... I will get to the end of this with all the support and advise.

[bradz1711]

Every little grip that you get bob adds up to a big grip and less grip for them. Waiing can be the worse thing and I hope that your hearing is sooner than mine, The DCA machine is is mainly automated and the courts are so busy at this time that sometimes it feels like you are left alone with nothing beng done. Every positive action that you take will help in the outcome of all this so each time you take one just congratulate yourself, post on here letting people know and remember the advice/help you recieve here has been someone elses worry, fear and stress at some point and one day your experience with this will help others. might sound like an old hippy dude but hey they might take my money but not my soul

[bobneedhelp]

yes bradz1711 ... every grip is a move forward for me thanks

[bobneedhelp]

I am now receiving replies from other DCA's re: CCA and Statute Barred letter which I wrote to them about a week ago but nothing from the DCA who has put an Interim Charge on my house.
My other thread (Registered County Court Judgement) if anyone would like to read and help advise me if you had experience - thanks

[bobneedhelp]

x20 hello there ...hope you are still around to be able to give me some help and directions further - if not i can understand that you too are busy helping someone else's or sorting your own issues out.
Please let me know if you can still continue to help me through this one - you have done soooo much already ....I guess these few days of quietness has suddenly hit me on the actions I have taken to date ....and I must say I have done good and thanks to you.

[surfaceagentx20]

Bob, Re your post no84, 'Now what?'

You wait for the day of the hearing to arrive and then go to court to present your application. The oposition may submit evidence of its own in order to argue against your application. We will just have to wait and see.

If any evidence is provided by the opposition before the hearing let me know what it is they say. Don't speak to them on the phone if they ring. Tell them to put it all in writing.

A little nearer the hearing drop me a reminder and I'll put a little crib sheet together for you to assist you getting the necessary points across to the judge.

x20

[bobneedhelp]

x20 ..thank you ..if I hear from the dca, will post here immediately for advise.

[bobneedhelp]

hello x20
On to my other thread (Registered County Court Judgement) I have now found out that a CCJ has been registered against me and I got the case number - You asked me to open this new thread and mentioned previously that we also might need to put in the N244 to get the CCJ set aside and that the wording for this letter might have to be worded differently.

If you have a little time, x20 PLEASE can you visit my other thread above and offer me some guidance on this matter too. I know postggj has been helped and guided me thus far on the thread and I very much appreciate and thank him for that far but any other help will be needed for me too.

I am trying very hard to be well inform of changes and development and new things comes up and I am unsure of what to do next.

If I am getting out of hand and should not be writing here, please tell me so.

[bobneedhelp]

registered county court judgement This is my other thread if you like to have a look and advice.
I am learning to use the link??

[surfaceagentx20]

Bob, that link doesn't work but I've found your other thread on the 'find threads started by' search facility.

Go see what I have written.

x20

[bobneedhelp]

x20 thanks for telling me and yes I have looked and reply to your questions there.

[bobneedhelp]

I am very tired and will close my eyes and get some rest. Some friends is coming tomorrow to take me to their house for the weekend to have a break/go for a change of environment. So, I might not be able to get online but I will try to log on if possible. Otherwise I will be back after the weekend. Sorry if I do not reply if you have given me guidance/advise.