VG - Vs Northen Rock - Charging Order

[Von Greenbach]

Hi Martin

Yes this seems to be the consensus-especially as you will be able to show the paperwork.

Question is,theres not a lot of time left-so will need to find one that can fit you in pronto.

I agree, I'm at the stage where I need legal rep, I've just spoken to another solicitor who stated "as I admitted the claim, it cannot be overturned" regardless of signing under duress, or any defective DN.

[MARTIN3030]

So its decision time, in the absence of overturning the CO then to be realistic efforts and attentions need to be concentrated on preparing to get the best out of what options remain.

[Von Greenbach]

Hi Martin

 

I believe my options are limited in that there's nothing I can do to stop the CO being awarded

[sequenci]

Hi Martin

 

I believe my options are limited in that there's nothing I can do to stop the CO being awarded

 

Hey there.

 

Do you have children living with you? Am I right that the property is jointly owned?

 

Cheers,

 

Seq.

[Von Greenbach]

Hi Seq

Do you have children living with you?

No

Am I right that the property is jointly owned?

Yes

[sequenci]

Hi Seq

 

No

 

Yes

 

Thanks for that.

 

Let's say that the credit is given their charging order. You should ask the court to allow it to be granted with a condition attached that the creditor would not be allowed to apply for an order for sale so long as you keep up with a monthly instalment. You should also ensure that post-judgment interest is not applied.

[Von Greenbach]

Thanks for that.

 

Let's say that the credit is given their charging order. You should ask the court to allow it to be granted with a condition attached that the creditor would not be allowed to apply for an order for sale so long as you keep up with a monthly instalment. You should also ensure that post-judgment interest is not applied.

Thank you Seq, I'll make a note of your comments.

[sequenci]

Thank you Seq, I'll make a note of your comments.

 

No worries, I was just looking at a worst-case scenario. I'm hoping that it doesn't come the the charging order but I like to try and cover all situations!

[Von Greenbach]

No worries, I was just looking at a worst-case scenario. I'm hoping that it doesn't come the the charging order but I like to try and cover all situations!

My situation has taken a turn for the better Seq, can't say to much here at this time

[sequenci]

My situation has taken a turn for the better Seq, can't say to much here at this time

 

I'm aware Mr and I wish you well!

[Von Greenbach]

Hi Seq

I'm aware Mr and I wish you well!

;)

 

Thank you

[pt2537]

http://www.hmcourts-service.gov.uk/courtfinder/forms/form202_0406.pdf

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

Hope this helps

[Von Greenbach]

Hi PT

 

Wonderful, thank you very much.

[Gazza112]

Subbing

[angry cat]

Surely, you would have to use pre-action court protocol CPR 4.6©

 

AC

[Von Greenbach]

I attended a recent set aside / CO hearing.

 

I want to appeal on the judge dismissing my set aside application, the judge dismissed because I signed the N1 claim admitting the debt.

 

I suffer with depression, on the day I signed the claim form I was experiencing a "bad" day and not thinking straight, hence admitted the claim.

 

Within my set aside application my GP wrote to the court informing them of my medical condition, but the judge refused to take any notice and completly ignored it, stating I admitted the claim.

 

I had no reason to admit the claim due to them issuing a defective DN & terminating the agreement (terminated before 14 days were up) prior to the claim coming through.

 

What are the chances of me appealing on the judge dismissing my set aside application stating I admitted the claim in error / under duress due to having an "off" day as per my condition, is this a justifiable reason?

 

I have a hearing in 3 weeks for the CO to be made final.

[JonCris]

Of course you do you admitted the debt whilst your mind was disturbed. Thing is you'll need medical evidence to support your statement

[Von Greenbach]

Thx Jon

 

The letter suppllied to the court by my GP confirmed my condition / / specialist I've been treated by / number of years I've suffered / daily medication, but the judge just ignored it.

 

Do I need to obtain further evidence, or just re submit that letter within my appeal?

[babybear39]

The judge should have looked seriously at the medical evidence supplied. If it were me I'd go to the next hearing with a copy and explain or get someone else to explain for you the circumstances surrounding this

 

It makes me furious to read posts such as yours because people with health issues of any kind are so often ignored by the system.

 

Write to your MP as a matter of urgency asking them for help with this.

 

Report the original creditor or DCA chasing this to TS and the OFT stating that you have health problems and felt psychologically harassed in to admitting this claim.

 

Good luck and best wishes,

 

BB.

[Von Greenbach]

Thanks for the support, I've been wondering for a few days whether to create this thread, I'm pleased I did.

 

I've spoken to my MP, he didn't even know what a charging order was

[Pinky69]

I think all you can do is submit your medical letter with the Appeal. However, my understanding is that it wouldn't be enough just to say you were on meds and had an "off" day. I think in law the proof needs to be that you completed the N1 whilst the balance of the mind was disturbed ie you were mentally ill at the time and didn't know what you were doing. That would have to be confirmed by a psychiatrist so if you wanted to go down that route you would have to ask your doctor to refer you to a psychiatrist for a report for the court. Of course, the psychiatrist might not agree you were ill at the time, just confused, and I doubt that would meet the standards of the court. for proof that you didn't know what you were doing. Pity you hadn't waited until you felt better or asked someone else to complete it on your behalf or check it given that you were having an off day. I would discuss it again with your doctor.

[Von Greenbach]

The judge should have looked seriously at the medical evidence supplied. If it were me I'd go to the next hearing with a copy and explain or get someone else to explain for you the circumstances surrounding this

I tried to explain during my hearing about my medical condition, and requested to the judge to look at it, he just ignored me.

 

I stated I suffer with panic attacks and said I was starting to panic, again, he just ignored me.

[babybear39]

I see what you're saying Pinky but surely the court has to take in to account such evidence, especially with a vulnerable person?

 

VG, do you have a psychiatrist at the moment, if so, ask him/her to provide a letter for you.

[Von Greenbach]

it wouldn't be enough just to say you were on meds and had an "off" day

ah, ok I had considered that pinky.

[babybear39]

I tried to explain during my hearing about my medical condition, and requested to the judge to look at it, he just ignored me.

 

I stated I suffer with panic attacks and said I was starting to panic, again, he just ignored me.

 

It makes me sick reading your post

 

Vulnerable people have rights and should not be ignored