Some advice re: an interim charging order pls

[lisaf]

Hi LFI - thankyou. The hearing is for 15 mins. So do I just bring along ALL the stuff I have regarding this and/or do i have to take some form of defence also? And if so, is there anything suitable?

Many thanks

Lisa

[lisaf]

((((bump))))

[lisaf]

Anyone? x

[lisaf]

Imminent hearing - please advise x

[lisaf]

Have the set aside hearing tomorrow - does anyone know what i should be taking with me?

Lisa

[lisaf]

((((BUMP))))) Please x

[womble72]

Hi Lisaf,

 

Good luck for tomorrow and i will keep my fingers crossed.

 

Hopefullly someone will reply of what you need to take but i would of thought your defence paper would be good enough but one of the caggers may give better advice.

 

Good Luck

[howmuchdebt]

Have the set aside hearing tomorrow - does anyone know what i should be taking with me?

Lisa

If you have an income and expenditure form and any proof of payment towards the debt it would be useful.

 

If you can produce a personal whitness statement to show the judge too that helps .

[lisaf]

Thanks Womble - but what defence do I take with me? Sorry but i'm so confuddled about what is required and what isn't as I originally thought it was just a hearing so that Howard cohen sols just had to produce the agreement, default etc.

 

Howmuchdebt - not sure why i would need to bring an income/exp as we are totally diputing that this actually existed. Also not too sure about the personal witness statement?

Many thanks for you replies

Lisax

[howmuchdebt]

well each case is different we needed to make our own witness statement to show the judge,which included why we disputed the debt and what proof we had requested and wether any was given such as CCA request,or even one pending so it can at least give another court date and time for the creditor to respond to your request if you have made one.

 

If you have not acknowledged the debt and have paid nothing on it then this can be includedin the the statement it just makes it look like you have done your homework.

[lisaf]

Hi All,

 

right i have all my paperwork to/from howard cohen ready for the hearing today (well i say hearing but it's just for HC to produce the correct docs etc).

Now, some have said about taking a 'witness statement' along and a defence but i'm really unsure about what exactly both of these should say.

I've only got one more hour to prepare and need some advice pretty urgently if someone would be so kind - just don't want to mess up at this late stage!

Many many thanks in advance

Lisax

[supasnooper]

The hearing is simply for the claimants to produce the documents request by the 'General form of judgement or order' issued by the court.

 

The claimants either provide them or not.

 

If the hearing moves further on to a legal discussion about the "provided paperwork", ask politely for an adjournment.

[lisaf]

thanks Supa - will do, wish me luck! I will let you know how it goes as soon as I get back x

[supasnooper]

Sorry - Good luck and hope they don't turn up with the documents.

 

Might be worth asking for costs as well.

[lisaf]

Hi Guys,

sorry it's taken me so long to post up but what a day! Had the good fortune to have a great judge today!

HC sols didn't show even though as the case before was over running gave them an extra 15 minutes.

went in with my OH and was very very nervous as this was my first court 'appearance'.

Judge wanted a brief background of the account and went onto say that companies like GE money (OC) were in the habit of selling these debts on for piddling amounts (wasn't very impressed) and should have informed you etc that they were doing this.

He also asked how long OH had been together, how many kids etc! - is this normal? Didn't mind as he was very nice - lol.

Anyway, upshot was he granted the set-aside and charging order hearing! Something he wrote about costs but not too sure about that.

He did say that he expected howard cohen's to defend this all the way and expected to see us again but he said it will take them at least 3 months to produce these docs (don't know where he got that time scale from).

So all in all a really unexpectedly good day and i really though he might grant them more time.

So a huge thankyou to all of you that helped me get to this point, you have been no less than brilliant

Lisa x

[supasnooper]

Great news - Congratulations and well done.

 

Get a wasted costs application in.

 

Enjoy the weekend.

[lookinforinfo]

I am so pleased for you Lisa-well done. It is always a help when the Judge is sympathetic too.

I didn't want to build your hopes up before the case, but HC tend not to be too good at producing the relevant docs when required.

Not quite clear where you are at now-apart from being mightily relieved. Is the Charging Order now quashed? And what about the CCJ earlier-is that being removed too?

[lisaf]

Thankyou both so much. Sorry if i wasn't clear earlier! ccj and CO set aside so he said 'obviously don't need to see you march now'! But he did expect them to defend at some stage so he said he will probably see us again at some point.

I had to laugh at that as i'm back there regarding hsbc (and non compliance of a cca) in march anyway!

He did write something regarding costs but i'm assuming he will put todays events in writing to us anyway?

Lisa x

[supasnooper]

You should receive notice of the set aside and the quashing of the charging order from the court......don't know if it will mention costs though.

 

I would apply for costs.........courtesy of x20

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1701510.html

 

 

Get it done and send them to HC.

 

I doubt that HC would welcome going to court to discuss costs against a judge who they have hacked off by their non attendance.

[lisaf]

Thanks Supa x

[frettful38]

Congratulations lisaf, nice to hear some good news for a change, I can imagine the stress you must have been under, well done for sticking to your guns, now your over the first hurdle hope the rest will be accomplished with ease.

It's hard enough to get by day to day living a normal life without the unnecessary stress of going through through courtroom saga's, anyway good luck for the future,

 

Take care & God bless xxxxxxxxxxxxx

[Von Greenbach]

Well done lisa, the advantage of today you should now be prepared for any other court vists.

 

Congratulations to you and your OH.

[womble72]

Hi Lisaf,

 

Well done and i am really pleased for you.

 

Thats the best news i have heared all week.

 

Congratulations Lisaf.

 

:):):)

 

xxx

[lisaf]

Thankyou all so much - it's just given me the strength to carry on the fight with all the others!

Lisa x

[lisaf]

Hi All,

just a thought but do I contact land registry now and let them know about the CO being cancelled? And also will howard cohen remove the ccj on my file automatically or is that a whole other fight?!

Many thanks

Lisa x