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Iminent Charging Order


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Hi There,

 

Sorry if I have posted in the wrong forum.

 

I have only just found out that there is a court case next week (28/10/08) for a charging order to be put on the house!! Well my share as it is in two names.

 

I was unawre of it as I had a name change 10 years or so ago and my partner was not aware of the name change so she'd had 'return to sender' with all mail.

 

Anyway, the company is with HLCF Limited who I have tried to find an address of and can't and have even asked the solicitors that are acting on their behalf for their address etc, but they have not replied either.

 

I have the ability to pay it off, but was wondering if I could fight it on the basis of it been over 10 years. I have no idea whether HLCF got a CCJ against me, or whether they just enforced an orginal CCJ. Could I get the CCJ set aside? or the Charging Order? Or would it be easier to just pay it - although that could possibly be too late now!

 

Had I known about the impending charging order I would have set up my defence, but as I don't live with her its all gone too far I fear.

 

Any help is appreciated.

 

Thanks.

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Try this from another website

 

By any chance is this the address:

 

Greenhill Way, Kingsteignton, Newton Abbot, Devon, TQ12 3ZH.

 

Beacuse if it is then is was Booker Management Services Ltd, (and about 5 months before that they were called Booker Montagues Leasing Ltd) who had a name change a few weeks ago, so it is very likely that the Companies House Site hasnt updated it records yet as they are approcimately 3 month in arrears.

 

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Outline, if they are applying for a charging order then they must already have a CCJ. You need to find out the details - which can be a tad difficult.

 

The CCJ was almost certainly obtained at the Northampton County Court Bulk Centre (CCBC) but they are not good at looking thing s up if you don't have a case number. The best place to go is therefore The Registry Trust - RTL Home - where you can search for any CCJs with your details. Each search costs £8 so if you want to search for multiple names and/or multiple address it can mount up.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Hi There,

 

I have just got my pin no. to CreditExpert and have found that I had a judgment agist me in 2004. So HLCF Ltd must have jumped on that and enforced it.

 

However, this judgement was in 2004 and what is for was a personal overdraft that I never had with Barclays. The default judgement is dated as 04/12/2002, judgement dated as 01/04/2004.

 

As the default was initially 04/12/2002 is there anything I can do? Can I overturn the Charging Order? or is it all too late and have to pay it?

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Hello there, you state that you never had an overdraft with Barclays, does this mean they have obtained a judgment for a debt that doesn't belong to you?

 

As far as I am aware I have never, ever had an overdraft at any bank in my life, but without further investigation I could not swear on it! Although I suppose the bank could call it an unofficial overdraft if a couple of payments came out of it for my car at the time - I really don't know!

 

Its got too close to the line, as in the court hearing is on Tuesday and I had no defence etc., so have payed it.

 

I have a string of other DCA's after me for other debts from over 6+ years ago (bad time of life), but am more aware of what I should be doing to address the issues now - thanks to the forum.

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