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

[supasnooper]

The default notice looks ok to me even though the solicitors letter states the date of it being 15th May.

 

The default notice is of no consequence now as judgement has already been made and you are not looking to set aside the CCJ which is a completely different matter.

[Von Greenbach]

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

Hi Hammy

 

What's the discrepancy you've noticed?

 

My take on it is the default notice is defective, in that the date on it is 17th May 2008 this being a Saturday.

 

I doubt very much the letter was collected by Royal Mail on Saturday, the earliest being Monday 19th May 2008.

 

Delivery to you would be 21st May 2008.

 

14 Working days to fix the remedy takes you beyond 05th June 2008 which is the time scale they've given you.

 

Bearing in mind, you have to take out one day 26th May 2008 due to it being a bank holiday.

 

Check up on a calender before making any decisions to make sure the dates are correct / in correct.

 

Whether you can challenge it I've no idea, I'll leave that to those with more knowledge than me.

[hammyhound]

Thanks SS and VG

 

The discrepancy was the date but maybe it doesn't matter. I read somewhere on this forum that if the account is terminated only the arrears can be claimed is that true?

 

Yes the discrepancy was the date but maybe I am building up too much of a case, seen as it is only a 5 minute hearing, I will probably need all day.

 

I have checked the solicitor's website and low and behold the person dealing with the matter is unqualified so hopefully he will be at court!

 

I cant thank you enough for all your help, it has been invaluable, your scales have been tipped.

 

I have already advised the court in my objection letter that if the CO goes ahead it would severely prejudice my other creditors and on the application for the CO it even lists those creditors who have an interest.

 

Hammyhound

Edited December 28, 2008 by hammyhound
extra paragraph

[Von Greenbach]

I read somewhere on this forum that if the account is terminated only the arrears can be claimed is that true?

NO, only if they have terminated the agreement unlawfully are they only entilted to claim arrears.

 

I have already advised the court in my objection letter that if the CO goes ahead it would severely prejudice my other creditors and on the application for the CO it even lists those creditors who have an interest.

Have they informed all your other creditors of the action they're taking. if not why not (That's a question you need to put to them)

[supasnooper]

As VG has pointed out they Default Notice "may" be defective; the issue for you is the setting aside of the Charging Order.

 

Although you may wish to mention the Default Notice at the Charging Order set-aside hearing, you will get short shrift from the judge as he\she will advise that this should be done at a County Court Judgement set-aside.

 

Have a read of this post where x20 explains about post-judgement issues that you wish you'd known about.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1802785.html

[hammyhound]

Thanks VG

 

Just spotted another thread where someone mentions Creation Finance and the solicitors are mentioned there. Apparently this firm of solicitors were on TV.

 

Anyhow I will print all your responses and collate something nearer to the time. How I am going to fit it into 5 minutes I never know but I will just type something out and list the bullet points as a resume.

 

ie

 

The CO should not proceed due to the fact that I have maintained the monthly payments as ordered by the court (proof to be shown)

 

No further interest should accrue as no Credit Agreement was attached to the Particulars of Claim showing that the Claimant would be entitled to accruing interest until date of payment

 

The CO should not proceed as it would severely prejudice the other creditors (court already has copy of income and expenditure showing the court orders).

 

Hopefully that should take no less than 5 minutes!

 

Hammyhound

[supasnooper]

Is the Interim Charging Order on the property in Joint Names ?

Edited December 28, 2008 by supasnooper
correction

[hammyhound]

No just my name, OH got the application as well though because the property is in our joint names.

 

He has also sent an objection letter to the court and to the solicitors.

[Von Greenbach]

Hi hammy

 

Do you have a copy of the objection letter you've used? I could do with it for my OH.

[Von Greenbach]

Thanks VG

 

Just spotted another thread where someone mentions Creation Finance and the solicitors are mentioned there. Apparently this firm of solicitors were on TV.

 

Anyhow I will print all your responses and collate something nearer to the time. How I am going to fit it into 5 minutes I never know but I will just type something out and list the bullet points as a resume.

 

ie

 

The CO should not proceed due to the fact that I have maintained the monthly payments as ordered by the court (proof to be shown)

 

No further interest should accrue as no Credit Agreement was attached to the Particulars of Claim showing that the Claimant would be entitled to accruing interest until date of payment

 

The CO should not proceed as it would severely prejudice the other creditors (court already has copy of income and expenditure showing the court orders).

 

Hopefully that should take no less than 5 minutes!

 

Hammyhound

 

I've forgotten when your case date is, but do you have time to visit your MP and gather some support, he / she cannot interfere with a court case, but they may be able to offer you some advice.

 

What you need to get over to your MP is an unsecured debt is being turned into a secured debt and under the current climate, you believe it's unfair.

 

I have visited my MP about my situation, my MP has taken my case up.

[hammyhound]

I've forgotten when your case date is, but do you have time to visit your MP and gather some support, he / she cannot interfere with a court case, but they may be able to offer you some advice.

 

What you need to get over to your MP is an unsecured debt is being turned into a secured debt and under the current climate, you believe it's unfair.

 

I have visited my MP about my situation, my MP has taken my case up.

 

My case is 15th January. My MP is away on holiday until 12th January so no good there.

 

I forgot about the unsecured into secured debt, another bullet point thanks.

[Von Greenbach]

I forgot about the unsecured into secured debt, another bullet point thanks.

I'm thinking out loud and not sure if it's possible, but if the debt is being turned into a secured debt the figure they're after cannot be correct.

 

An unsecured debt has a higher interest rate compared to a secured debt.

 

As I say, not sure if that makes sense, without doubt if you applied for a personal secured debt you will pay less back, than those who have an unsecured debt.

 

Maybe someone with more knowledge can clarify.

[hammyhound]

Hi hammy

 

Do you have a copy of the objection letter you've used? I could do with it for my OH.

 

Crumbs VG you asking me for help!

 

This is what I was told to write by another member, was told to keep it short and sweet so hope it helps. You can elaborate on it

 

 

I would be grateful if this letter could be placed before the Judge at the hearing on 15th January 2009.

I object to a charging order being placed in that I have a beneficial interest in that I jointly own this property.

When the house was purchased I solely paid the deposit and I am maintaining the mortgage payments. In the present economic climate and due to the fact there are a number of secured creditors we at the present time have negative equity.

Yours sincerely,

[Von Greenbach]

Crumbs VG you asking me for help!

Hey, I'm far from perfect I only wish I had all the answers.

[hammyhound]

Obviously my objection letter was a lot longer but I was advised the OH's letter was just to advise the judge that OH was not happy in the fact that the debt was not his and that if we sold the house tomorrow we would receive less funds because of this debt - at the moment no funds but who knows in the future.

[Von Greenbach]

Thanks for that hammy it's only a brief short letter I need, I read somewhare on here if something is to long the judge gets bored / loses interest, and then loses the point the defendant is trying to make.

[debbbbsy]

Hi HH, I'm sorry if VG has taken offence it was not my intention to upset anyone.

The information I'm giving is based on my own experience. I've been to 2 CO's, my own & my partners.[its a joint debt].Our cases are exactly the same & yet both court hearings were completely different, one judge was helpful & listened, the other was totally ignorant of consumer law & didn't listen at all, she spurted out the most ridiculous comments. According to her, the bank only needed to provide 2 years worth of data.....

 

Your getting good advice, especially from VG, but it doesn't matter how much you know about consumer law. If you get a judge that contradicts you, even though you know there wrong. What do you do? The only way to prevent this happening is to go to court fully armed, & assume the judge knows nothing.

I only wanted to help.

 

As for the Post Judgement interest. You really need a copy of the agreement. As I said, this can only be applied if it is stipulated in the agreement, & even then it can be challenged if the rate is too high.

Have you done a CCA request ?

 

Debs

[hammyhound]

Thanks Debs but surely a judge cannot contradict a previous precedent case ie Mercantile -v- Ellis.

 

Anyhow no I have not CCAd do you think it is too late, I only found this site after I had admitted debt.

[debbbbsy]

HH,

If they are adding post judgement interest, you must CCA them. If they fail to provide the agreement, you can challenge the interest.

I've also read threads were Set a sides have been won, where an agreement has not been provided after the CCJ was granted.

 

Thanks Debs but surely a judge cannot contradict a previous precedent case ie Mercantile -v- Ellis.

Its very difficult for a Litigant in Person to say to a judge..."Your Wrong".

 

Debs

[hammyhound]

HH,

If they are adding post judgement interest, you must CCA them. If they fail to provide the agreement, you can challenge the interest.

I've also read threads were Set a sides have been won, where an agreement has not been provided after the CCJ was granted.

 

 

Its very difficult for a Litigant in Person to say to a judge..."Your Wrong".

 

Debs

 

Well I have already sent a letter to the solicitors asking for a copy of the CCA and DN. Do I send the CCA letter to them also?

[hammyhound]

Update, well today they sent me a schedule of costs for the hearing of nearly £600. I am going to look through all the threads to check whether if I am successful at the hearing I can ask the judge for these costs not to be awarded against me. I am now totally disgusted with them.

 

I am now going for the jugular, I will wait until the hearing and then request the CCA if they don't produce I will make an application to the court together with my bloody costs - must be around £200 by now.

 

Obviously they have ignored my objection letter and think they can win.

[sapphire20]

Hi Hammy,

 

Just wanted to offer my support here as you have to me. Hopefully together we will show these idiots that they can't hoodwink everyone.

 

They have added over £1,500 in costs and interest after the issuing of the CCJ, taking the debt to over £5,000. Robbing bar stewards! And when you ring them they are so ignorant and snotty, there is no need to treat people like that at all.

 

Keep up the good work!

 

Sapphy x

[hammyhound]

Received this in the post today. Now where do I go from here.

 

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

 

My original forthwith judgment was dated 24th September together with a judgment dated 25th September "hearing 10th October to consider instalment payment" They have completely ignored the second judgment and went ahead.

 

Have I got a leg to stand on here. I do need some help.

 

What really makes me laugh is the fact that they admit in their letter they have not go the credit card agreement so how do they know to charge the extortionate interest they are charging.

 

I have requested a form from the Solicitors Regulation Authority to make a formal complaint

 

Anyone see a light through the tunnel or do I have to get a solicitor involved in this.

 

Hammyhound

Edited January 10, 2009 by hammyhound
added attachment

[hammyhound]

Sorry I am just bumping this for any further comments because of the hearing this week.

 

Hammyhound

[Von Greenbach]

Hi HH

 

The letter says it may take several weeks to find your CCA, tuff on them let them explain that to the judge.

 

Legislation gives them 12 working days, that's it, if they breach that so be it on there head.

 

You need to print off the legislation and produce it at court that they are in default.

 

When did you apply for your CCA, was it before legal action?