Urgent help regarding charging order **WON CHARGE REMOVED**

[Von Greenbach]

how can a charging order be placed on the property before the hearing has even took place

 

It's an Interim CO, notifying the LR that a CO is in progress, I'm in the very same position, my hearing is the end of January.

 

if I am successful in getting the charging order set aside can I ask the judge for the solicitors to inform the land registry that it is to be removed

Yes you can, I only know because I spoke with the LR last week about the very same thing

 

and also any costs that the solicitors have incurred in that application are not awarded against me

Not sure about costs.

Edited December 26, 2008 by Von Greenbach

[hammyhound]

Thanks for your replies Von Greenbach, can I ask why it is called an interim charging order.

 

By the looks of the long letter from the Land Registry it certainly seems final to me, the restriction will be placed on 9th January if they do not hear from me.

 

Hammyhound

[debbbbsy]

Hi,

CL Finance Solicitors CANNOT go for a charging order aslong as you are complying with the judgement.

 

On monday morning speak to the Legal Complaints Services on 0845 6086565, they are really helpful, they'll give you the name of the person who handles complaints at this ****** company, they'll also tell you exactly what to say in your letter of complaint, & what action to take if they don't respond.

Send your letter ASAP recorded delivery.

Include a copy of the letter & proof of delivery in with your defence. CL finance have no legal right to do this to you. If they choose to proceed with this unfounded action, make it perfectly clear that YOU will claim costs against them [ keep a note of the time spent on this, letters written ,Phone calls , postage costs.Time off work to attend the hearing. Itemise it all ].

Companies like this rely on peoples ignorance.

 

you should be aware that interest continues to accrue on the outstanding balance at the rate of 30.9% per annum and so it is in your interests to pay the debt as soon as possible.

 

Do you have a copy of your credit agreement?

 

They can ONLY add interest after judgement if it is contained within the origonal agreement that you signed.

 

Can you also check the Particulars of Claim from your CCJ. Have they mentioned post jugement interest when applying to the courts. For them to do this, they are required to attach the agreement as proof that they can. You may be able to use this when applying to set a side.

 

Good Luck

Debs

[Von Greenbach]

CL Finance Solicitors CANNOT go for a charging order aslong as you are complying with the judgement.

Hi Debs

 

Not sure where you get that information from.

 

I have been paying all my creditors on a DMP for 12 months, it has not stopped NR obtaining an iterim CO in fact I have a hearing listed in January to try and prevent them having the interim CO stamped and sealed.

 

I've already received notification from the LR that an interim CO has been placed on my property.

[Von Greenbach]

Hi hammy

 

I'm learning as I'm going along, this is my understanding

can I ask why it is called an interim charging order.

It's called an Interim Charging Order as it's part of the process in obtaining a complete CO

 

Think of it like this, you see an item you want to buy, you put a deposit down then decide whether or not you want the item, placing an Interim Charging Order at this stage stops you from selling and running off with any equity in the property.

 

The system is wrong and unfair, in that you offer to pay what you can afford, because they reject that they are automatically granted an Interim Charging Order until a full hearing in front of a judge.

By the looks of the long letter from the Land Registry it certainly seems final to me, the restriction will be placed on 9th January if they do not hear from me.

The LR office only do as they are told, the court have granted an Interim Charging Order and the LR are applying that as instructed by the court.

 

You MUST attend the hearing and try to defend it at all costs.

 

Failure to attend the hearing will rubber stamp the Interim Charging Order, which will be much harder to remove.

 

Only 2 instances can remove a CO a) if instructed by a court or b) if the debt is paid in full.

 

If they have not complied with the correct legislation when trying to obtain a CO, this could go in your favour, but you would need to prove to the judge where they have c**ked up.

Edited December 27, 2008 by Von Greenbach

[debbbbsy]

I have been paying all my creditors on a DMP for 12 months, it has not stopped NR obtaining an iterim CO in fact I have a hearing listed in January to try and prevent them having the interim CO stamped and sealed.

 

Hi VG,

A CCJ, is a court agreement. Aslong as you don't default on the courts decision, they CANNOT apply for a CO.

How do I know this ? Because I got a CCJ for £59k[£40k worth of interest & charges] 10years ago, I paid £300 p/m for 7 years [without missing a single payment] , as soon as I challenged the CCJ, stopped paying they went for a CO. At the CO, the judge accepted the defence that the origonal CCJ was made up of charges & interest, but had no choice but to grant the CO because I had defaulted on the Judgement.

 

I'm sorry, I don't know how a DMP works, but unlike an IVA it obviously doesn't protect you from creditors who get greedy & want more money. But before they can go for a CO, they would have obtained a CCJ first.

 

Debs

[hammyhound]

Thanks folks,

 

The claim form is duplex no agreement attached but it does say in the particulars of claim the claimant also claims interest pursuant to the agreement at the rate of 30.90% pa (being £3.89 per day) from the date of termination until the date of payment. No credit card agreement is attached just one bit of paper together with the defence which I sent to the court.

 

Is that something I could mention to the judge that I did not receive a default notice from the OC and that no agreement was attached to the POC so interest should not be added.

 

By the way the application for a charging order was not signed but was typed in signed for on behalf of ...................... position in firm "litigation assistant", sounds like someone unqualified is representing a firm of solicitors.

 

Sorry for all the questions, want to get it right.

[Von Greenbach]

A CCJ, is a court agreement. Aslong as you don't default on the courts decision, they CANNOT apply for a CO.

Hi Debs

 

We seem to be at cross purposes here.

 

It depends on the judgement, in my case the claimant was asking for the full amount, I was not given the oppurtunity to defend myself at first, just a written defence was submitted, which consisted of I&E & what I've been paying to NR for the last 12 months, my offer was rejected by NR and by default an Interim CO was Granted.

 

I phoned the court to ask WHY an Interim CO was granted when I was not given the chance to defend myself, I was informed as the creditor refused my offer an Iterim CO is issued by default, no judge has viewed my case.

 

As my case in now up for a hearing, this will be the 1st time a judge has viewed my case.

 

I'm not famiiar with your case, I'm just stating what MY case is, and that is I have received an Interim CO which I intend to fully defend.

[Von Greenbach]

hammy

 

have you received a default notice from the creditor?

[hammyhound]

No Von, OC wouldn't accept reduced payments, next thing wham court papers. Is it worth asking the "junior untrained would be solicitor" for a copy of the default notice and the credit card agreement or could that also possibly be my defence at court for not adding any more interest.

 

You are so helpful

[Von Greenbach]

I don't think they issue copies of DN.

 

You could have issued a CPR18 but as it's so close to your hearing I doubt you'll receive it in time, as they have 14 days to reply.

 

Hold On, I've just read your post above again.

 

Refersh me, is this a loan that you had?

 

Then you feel behind with the "Agreed" payments and you asked to make reduced payments, they refused and issued court proceddings

[hammyhound]

Sorry Von, do you need an anadin?

 

It was a storecard, fell behind with payments, asked them if I could pay a reduced payment, they said no, next thing court papers.

[Von Greenbach]

Sorry Von, do you need an anadin?

 

It was a storecard, fell behind with payments, asked them if I could pay a reduced payment, they said no, next thing court papers.

Right, well they've not complied with legislation in that you should have received a default notice stating how to rectify the rememdy or what wil happen if you don't.

[Von Greenbach]

This is a good example of a default notice which is what you should have received.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1879046.html

 

The 2nd document is the default notice.

[hammyhound]

Will now have to go looking for it as it does state on the Particulars of Claim that a default notice was served on 15th May 2008 although I really don't remember seeing it.

 

I will come back to you once I have turned the house upside down looking for it.

[Von Greenbach]

OK, the default notice is the crunch of the matter.

 

For them to achieve what they want, they must do it step by step i.e A B C D etc, etc, they cannot do A D C B, it must be A B C D

 

Go back and look on my link, see the court paper, it states they have complied with the DN, ha, well they haven't.

 

The default notice is defective which means that any action after the default notice is unlawful, i.e they CANNOT bring court action as they have not complied with legislation when issuing a correct default notice.

[debbbbsy]

Hi guys

 

VG I will look at your thread, not fair to hijack hammyhound.

 

Okay, HH you got a CCJ against you[ Wev'e all got one of those:)]. You have complied with the judgement ruling. You have proof that payments have been made in accordance with judgement. The judge cannot grant the CO.

 

This is your defence.

You'll be allocated 5 mins in court.

Please speak to the LCS on monday, they are an indepedant body & really really helpful. Attack this company head on, they know the rules, they just choose not to play by them.

 

Debs

[Von Greenbach]

You have complied with the judgement ruling.

It depends on what the ruling is.

 

Was the ruling allowing you time to make monthly payments, if so how may months?

 

Or

 

Was the ruling asking for FULL Payment?

Edited December 27, 2008 by Von Greenbach

[Von Greenbach]

not fair to hijack hammyhound.

Huh, I've not hijacked the thread as far as I'm aware, I'm just answering hammy's questions.

[debbbbsy]

I have a judgment order which I am paying in instalments and have prove of these payments.

 

The judgement order, tells you how much you have to pay each month. The amount you pay is determined by the judge.

HH have you complied with the jugdement ruling ?

If the answer is NO, then they CAN apply for a CO. It will be granted.

If answer is YES, then Solicitors are scumbags & you must challenge this unfounded claim.

 

As for the interest rate, again this seems incredibly high. And again from my own experience, THEY CANNOT ADD INTEREST POST JUDGEMENT UNLESS IT IS CONTAINED IN THE PRESCRIBED TERMS & CONDITIONS OF YOUR ORIGONAL AGREEMENT.

 

Debs

[hammyhound]

Debs Von wasn't hijacking, I need all the support I can get. He was demonstrating what a default notice looks like so I can search the loft.

 

Anyhow I have attached copies of the Judgment and Interim Charging Order (I have not attached the application too many things to rub out!)

 

http://i375.photobucket.com/albums/oo198/hammond39/Judgment1.jpg

http://i375.photobucket.com/albums/oo198/hammond39/Judgement2.jpg

http://i375.photobucket.com/albums/oo198/hammond39/Judgement3.jpg

http://i375.photobucket.com/albums/oo198/hammond39/InterimChargingOrder.jpg

 

 

7 days after the Judgment they applied for the Interim Charging Order despite the second Judgment which was dated the same day saying that a further hearing will take place on 10th October to consider instalments.

 

I am really angry as this means I will have to take time off from work.

 

Debs I dont know if interest can accrue as the original credit agreement was not attached to the POC so that is possibly something I can mention to the Judge.

 

I really do want to build a good defence. I have already sent my objection letter to both the court and to the solicitors pointing them to the Mercantile Credit case.

 

Any other help would be appreciated.

[supasnooper]

Hi there,

 

Do you have any further credit\loan debts that are being paid or on a Debt management Plan ?

[hammyhound]

Yes I have other judgments which are being paid on a monthly basis.

[hammyhound]

I have found the default notice and also the termination notice from the solicitors.

 

Can you take a look, I have spotted a small discrepancy in the default notice which is different the court papers and also the solicitor's letter but wondered what you thought.

 

http://i375.photobucket.com/albums/oo198/hammond39/DefaultNotice-Creation.jpg

 

http://i375.photobucket.com/albums/oo198/hammond39/TerminationNotice-Creation.jpg

Edited December 28, 2008 by hammyhound
terrible spelling

[supasnooper]

Yes I have other judgments which are being paid on a monthly basis.

 

 

Make sure at the hearing that you ask if ALL of your other creditors have been informed of the Charging Order request and hearing.

The reason being is that the creditor who is seeking to gain the Charging Order could seen to be getting preference. Also, if they haven't notified the other creditors, it is good ground for getting the Interim Charging Order dismissed.

 

Also take along proof of your payments to your other creditors.

 

If you get the Interim Charging Order dismissed, please do make sure you ask the court to order the creditor to remove the Interim Charging Order within 14 days as they may try to step out of their obligations to do so.