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Hi all 1st post so please be gentle I have been a loiterer for sometime and read and read etc. So much advice and support on this excellent forum, A wealth of info etc, I have used again and again. Just like to say a big thanks to all who give up there valuable time and knowledge to help us little men and ladies
Anyway niceties over, my oh has been served an interim charging order / restriction for an HSBC CC by DG inhouse solicitors. We only knew this as the land registry have sent us the details. The house is in joint names and the debt is for just over 3k total.
She foolishly buried her head in the sand until now, we can honestly say though that at no time have we recieved any CCJ paperwork so can only assume the CCJ was granted by default as not acknowledged or defended etc?
Ironically my oh is an ex employee who was made redundant a few years ago and the reason we have been struggling! But as such knows full well she never signed any agreement or CCA for the account as it was taken out in 2000 and employees only need to make a phone call to open an account.
Land registry were really helpful and said we need to respond with any reason for disagreement of this restriction by 18th March to them and solicitors have said final hearing is 19/04/10 at local court.
We are both starting to totally panic after reading lots of threads whereby the restriction / order seems to just get granted whatever the defence in court. Is there any point in defending or will this just be a lost cause? Is there any damage limitation or offer of payment by installments we can offer in court to avoid this going final? Maybe go for 50% in F&F which I could probably borrow from a relative? Is a set asideN244 possible at this late stage?
I sent the attached letter off (Wrong I know, but just in panic mode)and have recieved a response from Solicitors which are in the two pdf images also attached. Now totally bemused Any advice or help is very very much appreciated and thanks in advance for taking the time to read etc.
I will now go and kick the dog, take my medication and return to the chain gang before I am spotted AWOL by Mein Fuhrer Brown!
Edited by supasnooper - Removed jpegs due to identifiers on show
first of all you need to take down the attachments and hide your agreement number and the court details. Then repost.
second you will have to file an application to have the interim charging order vaccated and the original CCj set aside. you coud ask the court to hear your application at the same time as the heraring of the final charging order.
Why didn't you receive any of the paperwork (N1 claim form etc) ?
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Docman / supasnooper Many thanks for your time / advice and gentleness, I did say I was a noob
We have had problems with our mail, a story in its own right! Anyway all seems well and RM have sorted for now. I asked for copy of judgement from solicitors but nothing but a reply to the letter I sent in haste, with questions. They have agreed to send CCA, DN's and statements though!
1)Do I need to reply to their letter and confim my requests re CPR 31.6 / 7 or would an lba / CPR 31.14 letter be better in response or a another?
2)I assume I have to file an N244, will this be for the charging order to be vacated and the CCJ set aside? Would it be best to wait and see what the solicitors send before I do this?
3) How do I send in a notice to the land registry objecting or do i not bother?
Sorry for all the Q's I really am not thinking with a clear mind at the moment! And many thanks again for taking the time.
Definetely don't wait for the solicitors, use cpr 31.14. demand copies of all docs they refer to in the claim.
as for the court docs, the charging order claim reference number will be The same as the CCJ court ref no. Contact the courts . If you did not recieve the court docs, you must apply for a set a side. At the very least, ask for an adjournment.
Thanks Debbbsy my oh has still not recieved the original CCJ only info from the land registry informing of the interim charging order?
Can I get a copy from the court? As I will need this before I can send the cpr 31.14 as I dont know whats in the judgement etc.
I have reattached the reply / request from solicitors re. Letter sent in post #1 also, minus details now
I have been looking at the N244 and am struggling a little, I will try and search out more info before posting more Q's here for the moment.
Thanks again all, Im slowly getting my head around this now, I think
I'd advise against requesting documents using CPR31.14 after Judgment has been passed, as the CCJ has already been awarded.
The solicitors are under no obligation to respond to such a CPR 31.14 request after judgment.
If you are after the Particulars of Claim, contact the Court that gave the judgment quoting the case number.
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Whilst the solicitors may not respond to a CPR 31.14 request, you can always look at the court file as a party to the procedings and take copies of any document filed. If it isn't that far away and you can get to your local county court, it may be worth a visit. I'd advise ringing ahead though first, so they can have the file ready.
There is a minimum copying charge of £5 (which covers the first 10 pages) and 50p per page thereafter but some courts don't bother charging, especially if you only want a few sheets.
The claimant should have filed a copy of the documents they are relying upon for their claim. So even if you didn't get them, you should be able to copy the claim form with the 'Particulars of Claim', the CCA and the Default Notice. If the last two are NOT on the court file, then IMO you could go ahead with an application without waiting for the CPR 31.14 response.
Many thanks again guys, for all your help and advice its much appreciated
You have put my mind at rest and made me determined to get this sorted!
I am going to go to the court on monday to get copies of POC etc.
I am sure they havent got the CCA etc though, as I phoned the solicitors yesterday and they said HSBC have as yet failed to provide any of the docs requested as per their letter etc. So Im sure they wont be with the POC.
Also as said my oh is an ex-employee, so the internal procedures for setting up any accounts etc was lax to say the least. ie just a phone call to branch and the card arrived in the internal mail So any type of agreement that turns up will be reconstituted or fake at best.
Hi all, I have responded to original solicitors letter as attachment (on this thread) and sent for a copy of the original judgment from the courts.
Please can someone answer me the following, as always it would be much appreciated.
1) How long do i wait for any documents to turn up from the solicitors / courts etc before I can raise an N244? The Interim order was taken out 12/02/10, but as yet I have no idea when the CCJ was granted by the court.
2) I assume when I have the POC from the CCJ would be the best time, so as I can put a defence to the original claim and ask for set aside?
3) Due to work commitments I am away at mo, I cant get to court to copy the details of claim! So I have sent a letter requesting all info to be forwarded to me. How long will the court take to send these details?
Any help / advice is very much appreciated, Thanks in advance
Good evening all just a little update for you all, Things have moved on a little and I have refrained from posting as it was clear that the opposition have been watching Anyway I was in court today for the second time (Interim charging order adjourned to hear the set aside application today) The judge ordered that the judgement be set aside and I have 14 days to produce an ammended Defence to the original claim So one hurdle down an onto the main battle, we now go!
Just like to thank everyone on this site for all the help and support so far and hours and hours of reading entertainment.
I am sure I will need all the help you guys can muster shortly as I start my defence etc. But for tonight we are for the 1st time in ages having a drink and relaxing in our minor victory Thanks again all.
Many thanks Debs, your help it was and still is much appreciated
Can anyone advise me now my best course of action, as I have only 14 days to put a defence together to the original claim.
The solicitors have sent a reconstituted agreement stating this is what they will rely on in court quoting Carey v HSBC? They also admitted cant find original.
Also they have no copies of DN's but their system will evidence they existed? ?They also stated in POC that DN was issued on date A and in letter in response to request for it stated it was issued on Date B, so totally flawed even if they had one.
They have supplied me with 6 years worth of statements only (acct 10 yrs +) today in court.
Judge ordered set aside on basis I file a new defence within 14 days?
Can I now send cpr31.14 or 18 letter or am i wasting my time ? Shall I just put a new defence together? It will be small claims track.
As always any help advice is always much appreciated. Thanks in advance peeps
Interim charging order, Help Please
I have been a loiterer for sometime and read and read etc. So much advice and support on this excellent forum, A wealth of info etc, I have used again and again. Just like to say a big thanks to all who give up there valuable time and knowledge to help us little men and ladies
CC by DG inhouse solicitors. We only knew this as the land registry have sent us the details. The house is in joint names and the debt is for just over 3k total.
But as such knows full well she never signed any agreement or CCA for the account as it was taken out in 2000 and employees only need to make a phone call
Any advice or help is very very much appreciated and thanks in advance for taking the time to read etc.
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So any type of agreement that turns up will be reconstituted or fake at best. 
Originally Posted by debbbbsy
