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Just amend the charge ( land registry equitable charge) to the amount of the debt plus accrued interest and costs when its made final.

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Just amend the charge ( land registry equitable charge) to the amount of the debt plus accrued interest and costs when its made final.

 

Do you mean when the charging order is made final ? and to which I am still sitting on the interim c/o waiting for a hearing to decide the final charging order. I have sent the court an email..

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Your Charging Order related costs are fixed and should be claimed at the FCO hearing.

 

Your set aside related costs have gone up in smoke now as you should have asked for these at the end of the failed set aside hearing.

 

I wasn't asked about costs at the set aside hearing and to be honest it's a wonder I was actually there on the day as I had previously been in hospital after having a seizure brought on by this whole episode.

Anyway, just waiting for a reply to my email that I sent to the court yesterday..

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It's for you to ask for your costs, not for the Court to just award you them.

 

What email?

 

I appreciate what your saying, but was not at my best as I had just come out of hospital, thats the reality. Email to court to confirm when final charging hearing would be..

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I appreciate what your saying, but was not at my best as I had just come out of hospital, thats the reality. Email to court to confirm when final charging hearing would be..

 

Ok, let us know when you get a reply.

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When you go for the fco hearing you could always ask for the set aside costs then explaining that you didn't realise you should have done at the time. At worst the judge says no and you're no worse off, and at best you're awarded them.

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  • 2 weeks later...

A/ I will claim for all allowed costs since the judgement.B/ I would claim that the final charging order should be given as the defendant has not paid any thing towards paying off the debt and does not appear likely to do so.C/ Anything else ?

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How do you feel about asking for regular payments of an amount he can afford (assuming that can be done at this stage)?

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Advice & opinions given by Caro 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.

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You'd need income and expenditure to find out what his available income is. Only a court can ask for that but I don't see why you couldn't ask for it.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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The point is he has done everything to avoid paying up to now which includes denying the debt. Unless an I&E can be verified it will only be what he chooses to declare. An I&E would be of interest only to see if he's employed and covering his mortgage as this could give some idea as to whether a house sale will happen in the near future. You have come a long way CD to let the charging order go.

 

 

Without the CO and just a payment arrangement, he could sell up at some point, move away and not bother to pay again. The chances of getting back on track after that is slim.

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Looking at N316, form which is an application that the debtor be ordered to attend court for questioning regarding his income, I could put in this application to run along side the hearing regarding the charging order. What do others think ?

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The point is he has done everything to avoid paying up to now which includes denying the debt. Unless an I&E can be verified it will only be what he chooses to declare. An I&E would be of interest only to see if he's employed and covering his mortgage as this could give some idea as to whether a house sale will happen in the near future. You have come a long way CD to let the charging order go.

 

 

Without the CO and just a payment arrangement, he could sell up at some point, move away and not bother to pay again. The chances of getting back on track after that is slim.

 

I'm not suggesting that the CO shouldn't be obtained, but without a payment plan CD could wait many years for the property to be sold and get his money back.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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I'm not suggesting that the CO shouldn't be obtained, but without a payment plan CD could wait many years for the property to be sold and get his money back.

 

The advantage of a charging order is that the debt then becomes secured on the property or so I am led to believe..

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did you ask and the court give interest under the county court act? normally 8%?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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