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Order for Sale Claim struck out.. what next?


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After a lengthy battle with a dca I managed to get a claim for order for sale struck out on the grounds that they couldnt produce a deed of assignment. I assumed then that this would automatically void the ccj/charging order - but their solicitors tell me this is not the case. As I have been litigant in p I don't have any legal source to help me further - and I've been trying for the past hour to get through to the court to find out what I need to do next. Do I just need to apply to have them both set aside? It seems total nonsense that it doesn't automatically happen anyway.. I'm so fed up with this, I'm in financial dire straits and have been for over 2 years because of this.. just when I thought it was all over!

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I think that you need to apply to set the Judgment aside - if the CCJ goes then the CO will go automatically.

 

You apply on an N244 - there is a fee BUT you may qualify for exemption/remission on grounds of income

 

The starting point is can you post, on here with your identifying details removed, the claim form and any other documents that you've got - Default Notice, Notice of Assignment, CCA etc and we'll make some suggestions

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Ok I can't post any forms as I don't have a scanner.. however they were able to provide me with the correct cca, the notice of assignment they sent is from a different company and in court they claimed the debt had never been assigned. The original company who I had the agreement with went insolvent about 7 years ago. It seems there have been 3 subsequent owners but nothing seems to add up. I was paying instalments to the solicitors. Is there a chance that the court won't set it aside then even in the absence of a deed? Sorry for being flaky.. this is just getting me down now!

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Ok I can't post any forms as I don't have a scanner.. however they were able to provide me with the correct cca, the notice of assignment they sent is from a different company and in court they claimed the debt had never been assigned. The original company who I had the agreement with went insolvent about 7 years ago. It seems there have been 3 subsequent owners but nothing seems to add up. I was paying instalments to the solicitors. Is there a chance that the court won't set it aside then even in the absence of a deed? Sorry for being flaky.. this is just getting me down now!

 

Have you got a digital camera? If you have then you can take pictures of the docs and upload them to CAG

 

We really do need to see the documents - if you are applying to set aside the original judgment it needs to be a comprehensive application - e.g. the CCA may be unenforceable, the Default Notice and/or the Notice of Assignment may be invalid etc, if there is an issue over who owns the debt then we need to see the claim form.

 

If you borrowed from company A and the Claimant was company B if there was no assignment from Co A to Company B then you should get the judgment set aside HOWEVER I really do need to see the documents

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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just an update on this.. contacted the court and it seems the order for sale claim has a different reference number from the rest of my case papers. They have now linked them up and passed them back to the judge to make a decision about the ccj/charging order... Fingers crossed the judge will rule in my favour!!

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also.. just wondering... I won the case against them for the order for sale and was able to claim costs which they are supposed to be paying me (paltry sum of £200 - though I did a thorough costing.. but anyway) if I succeed at getting rid of the ccj/co can I claim for everything else I lost as a result of this claim (I was going through a re-mortgage when the co came out of the blue and stopped the whole process - I lost around £500 and have been out of pocket ever since as I can't re-mortgage with a £5k co) or would that be a separate action?

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