Cabot: Help wanted Defence against Application for Sale Order (existing Charging Order)

[on*the*case]

Cabot have an existing Charging Order, this was gained when I was unwell and before I became a Cagger.

 

They have made an application for an Order for Sale.

 

I do need some help with the Defence.

 

The facts:

 

The Charging Order is mine.

 

The property is jointly owned, partner not a party to the Charging Order, but is the second Defendant.

 

There is no (or very little) equity. A sale would just cover the the Mortgage with nothing for Cabot.

 

I will be LIP. Case is scheduled for Directions later this month.

 

Any advice on how to proceed, constructing a defence, case law etc very gratefully received.

 

Regards

Edited February 12, 2010 by on*the*case

[sleepingdog]

Hi , have you looked at stickey on charging orders and order of sale, I think there is some info within that could help you start defence.

sleepingdog

[42man]

What you must do and if you have grounds to do so is submit an N244 to set aside the original CCJ if you never defended it, this is usually heard at the same time as a charging order hearing....is the debt for an MBNA account ?

[vjohn82]

42man is correct, we need to know what the original CO was for

[on*the*case]

What you must do and if you have grounds to do so is submit an N244 to set aside the original CCJ if you never defended it, this is usually heard at the same time as a charging order hearing....is the debt for an MBNA account ?

42man is correct, we need to know what the original CO was for

 

Thanks for the responses.

 

sleepingdog, yes I have read everything that I can on here:-)

 

 

The original debt was a credit card with Morgan Stanley assigned to Kingshill No1 who became Cabot.

Kingshill obtained an undefended default judgement, then as Cabot obtained an undefended charging order. The charging order is registered as a restriction.

 

Cabot have now applied for an order for sale. The case has now been transfered to my local court.

 

Previously I was unwell and assumed that I had no defence against the debt or charging order (I know better now).

 

I am first defendant as the debt is mine and my partner is second defendant as joint owner of the property.

 

I take the point about challenging the original ccj, but time is limited as the hearing for directions is only a couple of weeks away, and also to do this I would need to present a winnable defence with the application.

 

Is the route for information for a possible setaside via an SAR request or use the CPR rules?

[sequenci]

Do you have children?

 

When was the original CCJ entered?

 

Only consider a set aside IF you have a reasonable prospect of defending the original claim.

[merlin100]

Hi all, not intending to hijack OPS thread, but Im in a similiar position ( but no-one yet enforcing CO). Just a quick question for me and possibly the OP. My CCJ was also unacknowledged and undefended, is the best way to attack this by making the creditor prove enforcability ( even at this late stage)? or by saying I never recieved warning of the CCJ?

Or is there a better way?

Thanks.

[sequenci]

Hi all, not intending to hijack OPS thread, but Im in a similiar position ( but no-one yet enforcing CO). Just a quick question for me and possibly the OP. My CCJ was also unacknowledged and undefended, is the best way to attack this by making the creditor prove enforcability ( even at this late stage)? or by saying I never recieved warning of the CCJ?

Or is there a better way?

Thanks.

 

Hey there, have you started your own thread on this anywhere? Did you receive notification of the CCJ or the claim form?

[merlin100]

Hey there, have you started your own thread on this anywhere? Did you receive notification of the CCJ or the claim form?

 

 

Hi sequenci, havent started my own thread. Maybe I should? I didnt recieve any notification etc, the first I knew was a letter from the Land Registry but like the OP, at that time I didnt know about CAG and was guilty of burying my head in the sand ( single dad with 3 kids).

Now I know about CAG and have absorbed a lot of the brilliant info, I thought maybe its time to strike back. Problem is, there seems to be very little information about what you may be able to do AFTER a CO has been obtained.

[on*the*case]

Do you have children?

When was the original CCJ entered?

Only consider a set aside IF you have a reasonable prospect of defending the original claim.

 

sequenci

Thanks for responding.

 

The original CCJ was more than 2 years ago, so I will need to prove a winnable case when submitting for a set aside. I will consider this, but not until this application by Cabot for an order for sale has been stopped.

 

My immediate concern is a defence against the application for an order for sale.

 

The facts:

 

The Charging Order is mine.

 

The property is jointly owned, partner not a party to the Charging Order, but is the second Defendant.

 

There is no (or very little) equity. A sale would just cover the the Mortgage with nothing for Cabot.

 

I will be LIP. Case is scheduled for Directions later this month.

 

Any advice on how to proceed, constructing a defence, case law etc very gratefully received.

 

Regards

[42man]

The thing to bear in mind is that at an order for sale hearing the judge will ONLY consider that case, he/she won't entertain any aspect of the CCJ itself unless you have an application in to set aside the original CCJ...

[on*the*case]

The thing to bear in mind is that at an order for sale hearing the judge will ONLY consider that case, he/she won't entertain any aspect of the CCJ itself unless you have an application in to set aside the original CCJ...

 

Thanks

 

Yes I am treating the possibility of a set aside as a separate project after the order for sale hearing has been settled.

 

I have cobbled together two defences (for myself and partner). Not terribly elegant, but covers the basics.

One good thing is that in the Cabot submission they have attempted to pull a bit of wool, obviously hopeful that the DJ is a bit slow. Well tough luck Cabot, the DJs here are sharp as mustard and wont take too kindly to that ...