Some advice re: an interim charging order pls

[lookinforinfo]

Lisa, you are probably best to wait until you receive the confirmation from Court that the CO has been quashed, and then send a copy of it to the Land Registry asking them to remove any data they have about the CO.

Cohen' should remove the CCJ but that does not mean they will. Might be an idea to write and give them 21 days say, to remove or you will be taking them to Court.

[muscat329]

There is another issue you need to monitor.

 

The claimant's solicitor going for the Interim CO notifies Land Registry and your mortgage company about the charge.

 

I found that after I had the interim CO dismissed the system notified Land Registry that it was cancelled, but the claimant's solicitor did not notify my mortgage company that the application had failed. One year later when I was discussing payment options with the mortgage company, I was told that I had no options available because there was a charging order against the property. The Claimant's solicitors claimed that they had informed the mortgage company but I bet they hadn't. I had to send in a copy of the Court dismissal to get the record removed from my mortgage account.

regards,

Muscat

[lisaf]

thanks Muscat and LFI - I will wait until I receive the paperwork from the court.

Lisa

[lisaf]

Right - got the paperwork this morning, it says:

1/set aside judgement and cancel registration

2/defendant's application dated xx jan 09 do stand as the defence herein

3/ allocation questionaires to be filed by both parties

4/ set aside interim co dated 17/10/08

5/ vacate hearing dated xx/mar/09 at xxpm

6/ costs in the case

 

And attached is an AQ to be filled in.

Anyone advise how to fill this in?

Many thanks

Lisa x

[lisaf]

((((((bump)))))

[lookinforinfo]

The AQ is sent to both parties to decide where and in whcih type of Court that the hearing should be held in.

You want int in the Small claims Court and the nearest one to you, so whatever costs you are claiming, keep them below £5000.

[lisaf]

Thanks LFI - does this mean that it has just been taken back to the original AQ stage? If so how long do I have to fill it in?

Many thanks

Lisa

[lisaf]

((((BUMP))))) x

[lisaf]

Sorry to be a pain but wanted to get this done this week and I don't want to mess anything up - anyone? x

[lookinforinfo]

Once you know what you want, just fill out the form. The quicker you do it the better,as long as it is completed the way you want it.

Probably a good chance that Cohen will not provide the documents asked for.

[lisaf]

Hi sorry to sound thick but going to fill out the form tonight and send tomorrow (been a bit sick)!

On question H it says about a fee - do i have to pay one and if so how much?

Think the rest of the form looks ok

Many thanks

Lisa x

[lisaf]

Right, a bit of an update. CL finance have sent a full and final settlement offer this morning (it works out to be half the original amount) is that confirmation that they really don't have the agreement do you think?

Lisa

[lisaf]

Hi All,

right another update and not so good this time. They have now sent what looks like the agreement, deed of assignment etc etc. I am gutted - they say they have also sent this to the court.

So what happens now? Do they now reapply for the charging order?

Many thanks

Lisa

[lisaf]

Anyone? x

[lisaf]

Bump x