A guide to Charging Orders & Orders for Sale

[angel_1]

hiya all

 

will be back to read this thread in full as i will need to be prepared for the near future x angel

[cymruambyth]

You've got it. You just need to prove that your instalments were in place prior to the interim application.

 

Instalments agreed on the day after the application for CO dated and therefore should be before or on same day as application received by court. Could the CO application have been prompted by my application for instalments of which the claimant would have been notified????

Edited April 27, 2011 by cymruambyth

[cymruambyth]

I have beem trying , without luck to find copies of Mercantile Credit v Ellis and Ropaighealach v Allied Irish Bank, can anyone please post links or point me in the right direction.

Thank you

[Guest]

I have beem trying , without luck to find copies of Mercantile Credit v Ellis and Ropaighealach v Allied Irish Bank, can anyone please post links or point me in the right direction.

Thank you

 

here's the latter http://www.bailii.org/ew/cases/EWCA/Civ/2001/1790.html

[cymruambyth]

Thank you

[Guest]

Thank you

 

ps, the Ellis case may also be known as; Mercantile Credit Company Limited v Huxtable and Others (Huxtable being ''...one of a series of similar cases decided by this court on 11th March 1987'') (ellis being one of t'others?).

 

Re Ropaig... case, this is the preceding application for permission to appeal hearing http://www.bailii.org/ew/cases/EWCA/Civ/2001/1381.html

 

imo

Edited April 29, 2011 by Ford
typo

[cymruambyth]

Once again, thank you!

[SHELBELLE]

Hi

 

Hope someone can advise me urgently on the following:~

 

Creditor obtained CCJ a year ago, This was a General Form of Judgement Order and no instalments were set by the court. Been paying what I can afford since then, and have now received application for CO which Judge has granted as an Interim Order.

 

Final hearing next month, really don't know what I should be doing, do I challenge this with the court and creditor at least 7 days before the hearing ?

 

Urgent help would be most appreciated.

 

Thanks

 

S.B.

[the_shadow]

Hi

 

Hope someone can advise me urgently on the following:~

 

Creditor obtained CCJ a year ago, This was a General Form of Judgement Order and no instalments were set by the court. Been paying what I can afford since then, and have now received application for CO which Judge has granted as an Interim Order.

 

Final hearing next month, really don't know what I should be doing, do I challenge this with the court and creditor at least 7 days before the hearing ?

 

Urgent help would be most appreciated.

 

Thanks

 

S.B.

 

Hmm TBH I dont think you can defend this, if you didnt dispute the original claim then the judgment by default tells the court you admit the debt, the fact no installments were set by the court mean the creditor is entitled to enforce by a CO, there is a time limit when they "should" apply for it but I'd say a judge would rubber stamp this application.

 

I think in the correct thing to have done is when the judgement came through start paying a regular amount that you could afford AND apply to the court for a redetermination of the payments at the same time.

 

Now a CO application is in place I dont think an agreement on installments will be met, best you could probably get would be an agreement/term stipulating that so long as payments were kept up no order for sale would be attempted.

 

Hopefully others will give there opinions too.

S.

[SHELBELLE]

Hi Shadow

 

Thanks for your reply, I did dispute the claim but unfortunately didn't get the result I was hoping for.

 

I have religously paid what I can afford for the last year, I didn't think the Redetermination would come in to play as the court hadn't set the instalments.

 

I was just reading online that I could ask the Judge for an Instalment Order or an Attachment to Earnings Order...do you think this is possible?

 

Thanks in advance.

 

S.B.

[SHELBELLE]

Also do we know what the official time scale is for them to apply?

[meursault22]

Truth be told, there seems very little chance of stopping Charging Orders being made final these days. For my last one (yes I have stacks of them all for costs from the same company), I had an up to date payment plan which had been set by the court, the mortgage company wrote a letter objecting to the CO (around £1,000 for this one), and the judge just waved it through anyway!

Since then I've handed the keys to the mortgage company, and all the CO's have now become unsecured debts again, although the amount is now thirty odd times what it was because of all the added costs!

By the way, even though the payment plan was up to date without even any late payments, just a few letters from the DCA like this " We are disappointed not to have received... if payment in full is not received within 7 days of the date of this letter immediate legal action..." were enough to convince the judge that I had not kept up with the payment plan, even though I presented receipts showing otherwise!

I'm convinced that the solicitors who do the most backscuttling of the judge will always win, regardless!

Edited May 9, 2011 by meursault22

[Ganymede]

Also do we know what the official time scale is for them to apply?

 

 

There is none - it's at the Court's discretion. Besides the CCJ was only one year ago.

[darry]

I have three CO's placed on my property since april 2010. I have never received a copy of the final orders (they were granted), the interim orders read that the court orders that the debtor in the asset described stand charged with the payment of £13,000 + £8,000 + £25,000 together with any further interest becoming due and the cost of the application. My question is, i have never received any written notification of the interest i am being charged on the order, do they need to inform me of this? any help greatly appreciated

[cymruambyth]

Thank you to sequenci and everyone who has offered help.

 

I WON

 

Halleluiah

 

All I had to say was that I thought it presumptuous to prepare costs!

 

They were represented, he tried arguing the case of ROPAIGEALACH v Allied Bank to say that you could havean Instalment Order and a CO; however DJ noted down chronology of everything and ruled that even though they applied for ICO date 1/2/11, my instalment order was granted on 2/2/11 and ICO not granted until 7/2/11 and therefore Mercantile Credit held forth. Luckily I had copies of everything as he didn't have a copy of the instalment order.

He was lovely, knew the law and double checked everything.

Morgan requested costs and DJ asked me 'you have obviously been doing some research'. That's when I said that although I had done research and taken a day off work I thought it presumptuous; he smiled and said no order for costs and reminded me to send a copy of the order to get the ICO removed.

All in all a quite pleasant experience with a great outcome.

I will post my defence later on in case it can be modified to help other Caggers

[bilious]

Very well done... Wish mine was like that he just rubber stamped mine even though the installment was in place and up to date... But very happy for you....

[cymruambyth]

Sorry you weren't lucky, the DJ did say that the whole court followed this. I was very lucky but am now waiting for the next action by the creditor .......

[Undercover-Elsa]

That's great news, Cymru...well done!!!

[Guest]

Thank you to sequenci and everyone who has offered help.

 

I WON

 

Halleluiah

 

All I had to say was that I thought it presumptuous to prepare costs!

 

They were represented, he tried arguing the case of ROPAIGEALACH v Allied Bank to say that you could havean Instalment Order and a CO; however DJ noted down chronology of everything and ruled that even though they applied for ICO date 1/2/11, my instalment order was granted on 2/2/11 and ICO not granted until 7/2/11 and therefore Mercantile Credit held forth. Luckily I had copies of everything as he didn't have a copy of the instalment order.

He was lovely, knew the law and double checked everything.

Morgan requested costs and DJ asked me 'you have obviously been doing some research'. That's when I said that although I had done research and taken a day off work I thought it presumptuous; he smiled and said no order for costs and reminded me to send a copy of the order to get the ICO removed.

All in all a quite pleasant experience with a great outcome.

I will post my defence later on in case it can be modified to help other Caggers

 

 

hi

well done

did you manage to get hold of a copy of the ('unreported' (apart from the papers!)) Mercantile case(s) in the end?

[citizenB]

cymruambyth has provided a pdf of the defence used.

 

 

[ATTACH=CONFIG]27664[/ATTACH]

[sequenci]

Great news! Congrats!

[cymruambyth]

Thank you for your help sequenci, your guide and replies to my questions were invaluable. I can only stress how important your advice to apply asap for an instalment order was. My defence pdf is posted in 2 places (thank you CB), I just hope it can help someone in the future.

Cy

[toddle2u]

Hi

If soneone has a third charge over the property by way of a charging order do they have to have the consent of the first and second charge holders before they can emforce an Order for Sale?

Thanks

[Ganymede]

Hi

If soneone has a third charge over the property by way of a charging order do they have to have the consent of the first and second charge holders before they can emforce an Order for Sale?

Thanks

 

 

 

They don't need express consent, they just need the pre-existing charge holders not to object.

[toddle2u]

They don't need express consent, they just need the pre-existing charge holders not to object.

 

Thanks for that