Bank taking me to cleaners PLEASE HELP

[citizenB]

Whilst it is possible the address you had in your posts was **made up**.. just in case it wasnt, it has been removed. This will save concerned CAGers reporting the posts for site team attention.

 

Thanks

[fuwd]

Ok i see, thanks for pointing this out, still a rookie on here, they where made up though 'Random Lane' being any random road in the U.K

[caro]

You may find this link helpful. http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html#post2214288

[fuwd]

Thanks Caro and all of you. I do have a couple of follow on questions chaps (post here or start new thread?)

 

1) When i apply to set it aside should i ask for a hearing or for it to be dealt with without one?

2) Do i also have to prepare my defence and submit this? i.e unfair bank charges

3) Am i asking to set aside the Charging order or the ccj?

4) If i manage to set aside the ccj Does the charging order get set aside automatically as well?

[caro]

Thanks Caro and all of you. I do have a couple of follow on questions chaps (post here or start new thread?)

 

Post here. It's easier for people to follow your progress and advise if it's all on one thread.

 

1) When i apply to set it aside should i ask for a hearing or for it to be dealt with without one?

 

You'll need a hearing which you must attend if you are to have a chance of succeeding

 

2) Do i also have to prepare my defence and submit this? i.e unfair bank charges

 

If the set aside is agreed, it means that the original claim will be heard, at which point you will need to submit your defence. You will need a very good argument regarding unfair bank charges in light of the recent judgement by the Supreme Court.

Have the bank managed to put the CO on the right property?

Have you been making the £50 payments regularly and on time?

3) Am i asking to set aside the Charging order or the ccj?

 

The charging order which the County Court agreed to.

 

4) If i manage to set aside the ccj Does the charging order get set aside automatically as well?

 

I'm not clear if the CCJ is the same thing or a different issue.

[fuwd]

Hi all. The CCJ i was refering to is the one that came before the CO.( i assumed the ccj came first then the CO). So i assume the court case number will be the same?

 

I guess my defence is based on the new argument on Bank charges

 

The CO was put on the right property and i have been keeping up with the installments apart from January payment. I was holding off .

 

Ok so i can recap Is this the order i do things in

 

1) Fill in form n244 and send it to court

2) Hopefully get a court date and attend

3) My argument is i didnt recieve the CCJ or the Charging Order as i moved (Show proof of moving)

4) Judge sets aside and the Ball starts rolling again.

[fuwd]

Sorry 1 more thing. what if the judge dosnt set aside, is it Game over? can