interim charging order

[diasal]

I have just received the paper work from DG solicitors about an application made to be heard this month ,the letter states that on 24th november before deputy district judge considered the application of the claimant (DG) A-a judgment order given on 29th june ordered the defendant to pay money to the creditor.B-the amount now owing is so much,C-the debtor has a beneficial interest in the asset described below,and the court orders that 1-that the debtor (me) stand charged with payment together with any futher interest becoming due and costs of application.2-the time and date of the application to be heard when a judge will decide wheather the charge created by this order should continue or be discharged.

Firstly should i have been notified about the application on 24th november?

Also does this mean that my creditor is making this application for a full charging order?if so can i oppose it?can someone offer me some advise please,i have sent my creditor the standard letter asking for the true copy of the credit agreement(it was for a personal loan)i have been paying my creditors monthly payments but made a couple of late payments.

[fedup74]

Did you receive no court papers for a CCJ? When is the date for the application to be heard? Normally what happens is you receive a CCJ first and if you don't make the payments they can apply for a CO but you would have to be informed of this.

[diasal]

This is going back to 2005 ,i went to CAB and they sorted it out for me at the time because i was quite ill ,i dont no if there was a ccj or not ,all the papers i have is a form N9A which CAB filled in for me and i signed it is a photocopy sent by DG solicitors (HSBC).I had the loan in 2000 i think,sorry to be so vague i have a mental illness along with servere depression.i notice on the form N9A that cab filled all of it in and i only signed it,its states i admit the amount,i was not told at the time i could dispute the amount.

[DocH]

Firstly should i have been notified about the application on 24th november?

 

Unfortunately, the answer is no.

 

Also does this mean that my creditor is making this application for a full charging order?if so can i oppose it?can someone offer me some advise please,i have sent my creditor the standard letter asking for the true copy of the credit agreement(it was for a personal loan)i have been paying my creditors monthly payments but made a couple of late payments.

Yes the creditor is seeking to make the Interim order into a Final Charging Order. You should also receive a letter from the Land Registry asking you to make any objections you have to the Order (the Land Registry send a copy of your response to the claimants solicitors) - this is a fairly meaningless exercise as the Land Registry do not have any influence in the final decision, but you must answer the letter.

 

You should not only defend it, but you must attend the court on the date set for the hearing, otherwise the creditor will be granted the Final order by default. This site offers some good advice, and possible defences for a Charging Order:

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

[hammyhound]

You should also receive a letter from the Land Registry asking you to make any objections you have to the Order (the Land Registry send a copy of your response to the claimants solicitors) - this is a fairly meaningless exercise as the Land Registry do not have any influence in the final decision, but you must answer the letter.

 

I have a similar hearing this week. I have spoken to the Land Registry and no you dont have to answer the letter, the restriction is put on your property until it is requested by the Claimant's solicitor to remove it. The Land Registry have no power to remove the restriction unless there is an order by the court or the Claimant's solicitor.

 

Your objection to the final order must be sent to the court and to the solicitors. The Land Registry would not intervene if you sent an objection letter to them.

 

HH

[DocH]

I have a similar hearing this week. I have spoken to the Land Registry and no you dont have to answer the letter, the restriction is put on your property until it is requested by the Claimant's solicitor to remove it. The Land Registry have no power to remove the restriction unless there is an order by the court or the Claimant's solicitor.

 

Your objection to the final order must be sent to the court and to the solicitors. The Land Registry would not intervene if you sent an objection letter to them.

 

HH

 

Hi HH, I don't dispute what you say, but I was advised in the Land Registry's letter sent to me, when I went through the process last year, to submit my (and any joint owners)objections to the Land Registry as well as making a submission to the court. As long as the OP reads the link I gave, and perhaps gives National Debtline a ring if they are uncertain on any aspect, they'll not go wrong.

[palomino]

The submission to the Land Registry is solely for the record. They do not - and cannot - actually do anything.

The important bit is the Court.

[hammyhound]

The submission to the Land Registry is solely for the record. They do not - and cannot - actually do anything.

The important bit is the Court.

 

Sorry that's what I meant to say the Land Registry wont do anything and wont register your objection on the title.

 

Sorry again if I confused anyone, I didnt mean to.

 

HH

[ginnever]

I was in court last year at a hearing for a charging order to be applied to my property... I defended it & the judge in my favour dismissed the application.... My question is this... I have recently been made aware that the application for the CO is still on the information held at the Land Registery .... How does one go about having this removed. I have been given conflicting information the Land registery say that I can write to them with the Order from the court saying that the case discharged.. The court are saying that write to both the solicitors/ company that applied for the CO & the land registry to have this removed... some posts that I have been ready thro say that althou its only an intermim order and not the final order it will stay indefinate... can anyone comment on this

 

thanks in advance

[AndyOrch]

Hi Disal

 

The first thing to do is to check to see whether the correct process has been followed. Always check to ensure that the creditor is actually chasing the right person! At this point we will assume that any potential challenge to the legality of the Judgment has been carried out (CCA request, Challenging default notices etc). It is worth checking to ensure that the judgment has been entered correctly, did the N30 form outline the determination process correctly? If it didn’t you could consider a set aside. It is worth checking the day the Interim order was applied for to see if the CCJ was actually in default on that day. If an application to vary the terms of the CCJ has been sent to the court prior to the Interim Order request ensure that the court considers the variation before considering the Interim Order. The creditor must send a copy of the Interim Charging Order and Affidavit to all those with a legal and/or beneficial interest in the property, for example the mortgage lender.

 

It might be worth seeing if any of your other creditors are willing to object to the Charging Order being made final especially if there are any who are owed significantly more than the original creditor. Alternatively you may well find that you have grounds to object to the charging order being made final. Any arguments that you wish to raise need to be filed with the court and the creditor at least 7 days prior to the Final Charging Order Hearing (CPR 73.8.

If there are divorce proceedings pending, the Charging Order hearing will be adjourned pending the outcome of the ancillary proceedings. If you would like to enter into an IVA, the Interim Charging Order would be dropped as an IVA Interim Order would be made.

 

 

 

 

Regards

 

Andy

[Misscynical]

A Final Charging Order was made against my property after the date of my bankrupcty. I wrote to the Court advising them of my bankruptcy and the Final Charging Order was discharged on 19 May. Although the Order required the Claimant to notify Land Registery of this they have not done so. I sent the Claimant a letter last week with a copy of the Order and gave them 7 days to comply otherwise I would revert back to the Court. The Court did say that I could send Land Registry a copy of the Order. I have also contacted Land Registry and they have sent me Form CN1 so that I can get the Charging Order removed myself. If there is no fee for this to be done I will send the necessary paperwork to Land Registry although the Claimant has been extremely underhand in their dealings with this debt and if I can heap trouble on them by getting the Court to intervene then I will do that as well!