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rikwill

Challenging judgment and interim charging order

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I am trying to help somebody who has a debt problem and cannot find advice elsewhere. He took out a loan in 2003 at an APR of 74.3%. The debt, originally £3000 grew rapidly due to high interest charges and late payment fees. The creditor issued a County Court claim earlier this year and served the claim at the person's old address. By the time it came to his attention, he had a judgment against him exceeding £15,000. Oldham County Court has already granted an interim charging order against his property and this has been registered at HM Land Registry. The full charging order hearing is due to take place in 2 weeks time.

I have filled the form in to allow him to apply to set aside the judgment and this has been sent off to the Court with a £60 fee, saying that the original summons was never received and that the interest rate is extortionate.

Can anybody tell me what other action is required e.g. should he do anything about the interim charging order, other than to ask for this to be placed on hold until a hearing has taken place. Can the debtor obtain a copy of the original agreement and can he complain to the Financial Services Ombudsman? Is the interest rate extortionate?

Any help would be appreciated. thanks

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Hello rikwill,

 

Welcome to CAG.

 

You appear to have made a great start on setting the Judgment aside.

 

Hopefully the court will pull together your set aside application and the Interim Charging Order and then schedule that they will both be heard at the same hearing.

 

What should happen is that your application should be heard BEFORE the Interim Charging Order.

 

I would advise strongly that you call your Court to make sure they are aware of your set aside application and the Interim Charging Order hearing.

 

If you are unsuccessful with your set aside then you'll need to oppose the Charging Order.

Have a read of the links below for more info -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

Insolvency Helpline

 

National Debtline

 

As to requesting the original agreement, you could try, but as a CCJ is already in place, the creditor is not obliged to provide........no harm in trying though ;)


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks - just to confirm there is already an interim charging order in place and the creditor has applied to HM Land Regstry to register this (and it is possibly already registered). The next hearing is for the interim charging order to be made final. On the form to set aside the judgment I have made reference to the charging order hearing and I hope that the Court will put this hearing on hold pending an application to set aside the judgment.

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I'd check with the Court to make sure that they've recognised the point ;)


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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