If the final charging order is granted, you may be able to apply to the court to have it set aside. This means the debt goes back to the judgment stage and your creditor will have to reapply to the court if they want to take further action. This can give you more time to repay your debt.

You can only do this if you think the court didn't consider your circumstances properly. You must make this application as soon as possible after the charging order is made final.

It can be very difficult to get the charging order set aside.

If the final charging order is granted, you may be able to apply to the court to have it set aside. This means the debt goes back to the judgment stage and your creditor will have to reapply to the court if they want to take further action. This can give you more time to repay your debt.

 

You can only do this if you think the court didn't consider your circumstances properly. You must make this application as soon as possible after the charging order is made final.

 

It can be very difficult to get the charging order set aside.

Thanks Andy…

The FCO was granted in November 2014, (standard form K restriction)… the JC then made a without notice application for a modified CO, which was granted December 2014. (Two Judgements for the same debt… is this unique?!)

In each case I was denied the right to a fair hearing.

After all this time the court has finally admitted it made a mistake when it failed to issue my defence/counterclaim. So far, it has not offered a remedy…the only thing is to make an application set aside the (irregular) COs and go from there...

TB

Andy… I've had a look at this but am unsure if judicial review is relevant in my case… TB

http://www.publiclawproject.org.uk/data/resources/114/PLP_2006_Guide_To_JR_Procedure.pdf

Not relevant I'm afraid...that's for a public body .....

Decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education;

Certain decisions of the immigration authorities and Immigration Appellate Authority;

Decisions of regulatory bodies;

Decisions relating to prisoner’s rights..

The only way is an application to try to set a side the CO or otherwise an appeal.

Regards

Andy

Not relevant I'm afraid...that's for a public body .....

 

Decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education;

Certain decisions of the immigration authorities and Immigration Appellate Authority;

Decisions of regulatory bodies;

Decisions relating to prisoner’s rights..

 

The only way is an application to try to set a side the CO or otherwise an appeal.

 

Regards

 

Andy

Thanks, Andy….I was wondering whether to involve the police in relation to the JC's interference, as it is definitely wrongful, if not criminal behaviour to make threats and lie to people… he is using the piece of land with my septic tank on it as a 'ransom strip'… he could do the same thing again if I try to sell… I don't know if he has an agenda and is trying to get my property for himself, (it adjoins his land… perhaps he needs a granny annexe or something)… would I be able to take out a restraining order or an injunction to prevent any further interference, do you think?

I will definitely go for a set aside in the first instance, but the whole thing went wrong right from the start, where the judge refused to adjourn when there was no hearing loop… but that would need to go to the court of appeal and so much time has passed… and lack of legal knowledge does not count as an excuse… It's my own fault… I should have refused point blank to participate in proceedings until the audio equipment was provided… I just didn't know my rights under article 6, ECHR. If i had been able to afford legal advice, the whole thing wouldn't even have come to trial as there was a very serious error in the JC's case, which should have proven fatal, but I didn't know about it until after the trial.

TB

Discharge or variation of a Charging Order

An application can be made by the judgment debtor or any one who has an interest in the property to discharge or vary a charging order. The application must be made at the court which made the charging order and must be served on all of the persons on whom the charging order was required to be served.

thanks andy

dx

Discharge or variation of a Charging Order

 

An application can be made by the judgment debtor or any one who has an interest in the property to discharge or vary a charging order. The application must be made at the court which made the charging order and must be served on all of the persons on whom the charging order was required to be served.

Andy... Can the creditor apply to vary a CO (to change it from a standard form K to a modified CO) legally do so without notification? Thanks, TB

Andy... Can the creditor apply to vary a CO (to change it from a standard form K to a modified CO) legally do so without notification? Thanks, TB

I would assume on Notice and good reason...Point 4 is interesting

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

I would assume on Notice and good reason...Point 4 is interesting

 

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

Thank you for the very interesting thread.

The creditor, having obtained a standard form k, then immediately made a without notice application to modify to provide a 14 day notice, saying that the original CO does not provide adequate security over the debt.

I appealed to the court, saying that their without notice application did not allow me, and more importantly, my husband, who is a non debtor, to defend the application, but they dismissed my appeal.

I thought that once an order was sealed/perfected, only a very good reason, such as a mistake being made, would allow an application to vary that order. But apparently not. TB

posts moved to your own running thread

dx

STILL waiting to hear from the court… Going through the files in the meantime… Again, I'm wondering if the application for a charging order supported by an unsigned Statement of Truth is compliant with CPR…. They have denied it was unsigned, of course… *sigh* TB

The court is still messing me about… It's been EIGHT weeks and no acknowledgement of my set-aside… nothing!

TB

The court is still messing me about… It's been EIGHT weeks and no acknowledgement of my set-aside… nothing!

 

TB

Nothing unusual.

What Court is it again?

I've been re-reading this excellent post by Sequenci… very informative, but now closed. Does anyone know if the blog about interest charges, (highlighted), is still available to read, please?

http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale

I've written a blog on the subject here: http://www.consumeractiongroup.co.uk...egulated-debts

I wonder if there is any chance of having my edit facility returned, please? TB

ThedaBara - I have removed the copy and paste and replaced with a link to the thread. Link to the blog is below..

http://www.consumeractiongroup.co.uk/forum/entry.php?191-Post-judgment-interest-on-CCA-regulated-debts

Were you unable to link to the blog ?

ThedaBara - I have removed the copy and paste and replaced with a link to the thread. Link to the blog is below..

 

http://www.consumeractiongroup.co.uk/forum/entry.php?191-Post-judgment-interest-on-CCA-regulated-debts

 

Were you unable to link to the blog ?

Thank you… yes, was unable to link… TB

Ah righto.. hang on a sec and I will get you an external view.

http://www.consumerwiki.co.uk/index.php/Charging_Orders:_A_guide

Can you see this one ?

http://www.consumerwiki.co.uk/index.php/Charging_Orders:_A_guide

 

Can you see this one ?

Yes, thank you, but it was Sequenci's blog in relation to interest that I particularly wanted to see… I know the rules re Charging Orders chapter and verse by now!

TB

Ah, my apologies. I am not quite sure why the blog is no longer visible. I will ask.

Thedabara, can you try the link again please

http://www.consumeractiongroup.co.uk/forum/entry.php?191-Post-judgment-interest-on-CCA-regulated-debts

Thedabara, can you try the link again please

 

http://www.consumeractiongroup.co.uk/forum/entry.php?191-Post-judgment-interest-on-CCA-regulated-debts

It works! Thank you so much…. I am still trying to get my head around whether or not the interest being added to the charging order is allowed… I may need to ask for more information, especially as I'm not sure if the creditor has served notice correctly… or even if they need to serve notice as the debt is not CCA regulated.

They have been sending me letters every 6 months threatening an order for sale and reminding me of the interest which is being applied, at the rate of more than £5 per day.

The matter of interest was never mentioned at the court hearing, or if it was, I missed it due to non provision of the audio loop I needed. (I am deaf).

Perhaps interest is automatic once the CO has been made final…?

TB

What does the court paperwork say about interest being added to the charging order ? If it wasn't mentioned, then I would have thought that it couldn't be applied arbitrarily ?