Jump to content
  • Tweets

  • Posts

    • To me, it isn't just about social distancing and hygiene measures. I'm far from the first to say it but until there's a reliable track and trace system, I don't think this can be managed properly.   Children may not suffer as much as adults, although some do, they can be asymptomatic and pass on the virus to the rest of the family.   https://www.walesonline.co.uk/news/uk-news/lockdown-david-king-second-wave-18739973
    • When will most schools actually re-open in September ?   And when they open, will they be providing teaching over the number hours 9am to 3pm  ?   I am thinking of the school I attended, which was a large Victorian building, with many modern extensions.  The classrooms which could accommodate about 35 Children elbow to elbow, will only be able to accommodate 20 at the most with any reasonable distancing.   Or does the whole class  of say 35 stay in a bubble and the teachers move around to teach the different subjects ?    I can see many schools opening later in September, not for all pupils for all days and not doing the full hours.   This is going to be very difficult to manage for all those concerned, including parents looking to return to work.     
    • Hi.   If you do a search of our forums you will find other people who've had trouble with Marquis. Sadly people don't always update their threads with the final result.   Scroll up this page to the red strip at the top, and type Marquis into the white search box on the right.   HB
    • I think independent assessments and quotations will be essential. Once again please monitor this thread for a for the reply later on or tomorrow
    • We'd love to return it but from everything I've read it would a long drawn out business so keeping it would probably be simpler.   I think we are going to give them a chance to sort the heating/hot water.We've got very squeaky brakes now which my local garage is going to look at a week on Monday. I'm saving all receipts etc. I'd also like to charge them for fuel used and my time doing what they should have done.   The time they take to get anything done is what is bothering me. If I choose to go somewhere else for a repair for anything would I be able to charge Marquis or do I have to continue using their warranty   I hadn't thought of getting an independent assessment, not sure how you go about it but I'll look into it. Thanks for the reply  
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
Boss-man

Charing Order - Help Needed Please.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3663 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

I really need some advice in relation to a charging order application.

 

I was being chased for an alleged credit card debt by a number of different agents over a period of time (usual scenario it was passed from one to another). Eventually it ended up with CL Finance. This was before I'd found this site and they ended up getting a CCJ by default. They have no valid credit agreement etc for this alleged account.

 

Following this the applied for a charging order against my property. Luckily by then I had found this site and filed a defence against the order being made. They didnt show up at the hearing and the judge considered my defence and subsequently discharged the order.

 

I have since asked CL for valid copies of the agreement etc and have heard nothing at all from them for 12 months.

 

Today, out of the blue I get a letter from the court saying that following their application to the court (which I know nothing about) an interim charging order has been granted with a hearing to take place to next month to determine whether the order be made permanent or discharged.

 

I really need some advice on how to defend this as I really do not want the charging order against my property. I only own interest in half the property and there is little or no equity available to TBH a charging order would be of no benefit to them anyway. Also, can I still apply to have the original judgement set aside as they do not have the correct documentation, and if so would this be worth pursuing and what are the chances of success.

 

Any advice is much appreciated.

 

Thanks in advance,

Share this post


Link to post
Share on other sites

As I understand it, to apply for the original CCJ to be set aside you have to act 'promptly' after receiving the Judgement - I have read that 28 days is considered the limit by some judges. So what was the date of the CCJ?

 

If you are too late to apply to have the Judgement set aside the only other thing you can do is fend off the charging order now and perhaps there is an opportunity to appeal the original judgement if you have a good case.

 

There are various grounds which can be used as objections to a charging order and you will have to see which ones suit your circumstances. If you Google 'charging order objections' you will find help and on here there are others in the same boat as you so their threads may help you. From memory, little or no equity can be used as a reason to object.

 

If you are going to appeal the original CCJ then that would be one reason to object to the Charging Order being made final, even if it is not grounds for having the Charging Order discharged.

 

To object you only need write to the court, giving the case reference, date of hearing etc. but do this a.s.a.p.

 

Others more expert than me will be along soon to offer their advice I am sure....

Share this post


Link to post
Share on other sites

Thanks for the advice so far.

 

The judgement was made in 2008 so I think it may well be too late to appeal or get it set aside.

 

My main objective here is to avoid the order. I'll look into the reasons for objecting to a charging order - is it possible to do this using more than one reason - i.e that I dont agree with the judgement been made and they have not provided documentation to provide the debt and also that there would be little advantage in granting the order due to no equity and that any order could prejuidice other creditors?

 

thanks again

Share this post


Link to post
Share on other sites
Thanks for the advice so far.

 

The judgement was made in 2008 so I think it may well be too late to appeal or get it set aside.

 

My main objective here is to avoid the order. I'll look into the reasons for objecting to a charging order - is it possible to do this using more than one reason - i.e that I dont agree with the judgement been made and they have not provided documentation to provide the debt and also that there would be little advantage in granting the order due to no equity and that any order could prejuidice other creditors?

 

thanks again

 

 

Judges don't like going behind the original judgment at a C/O hearing as that is not what they are there to do so often won't listen to submissions on that.

 

With regards to equity, just because there isn't equity now doesn't mean there won't be in 5/10 years time etc. If you jointly own the house then the C/O will only be registered as a Restriction.

 

Have a look here for tips on defendint a C/O:

 

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

Share this post


Link to post
Share on other sites

You could apply to set aside the CCJ but you would need to move quickly.

this would be the way to go if you have a valid reason as suggested in the links below.

 

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

 

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

National Debtline


 

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.

Share this post


Link to post
Share on other sites
As I understand it, to apply for the original CCJ to be set aside you have to act 'promptly' after receiving the Judgement - I have read that 28 days is considered the limit by some judges. So what was the date of the CCJ?

 

If you are too late to apply to have the Judgement set aside the only other thing you can do is fend off the charging order now and perhaps there is an opportunity to appeal the original judgement if you have a good case.

 

There are various grounds which can be used as objections to a charging order and you will have to see which ones suit your circumstances. If you Google 'charging order objections' you will find help and on here there are others in the same boat as you so their threads may help you. From memory, little or no equity can be used as a reason to object.

 

If you are going to appeal the original CCJ then that would be one reason to object to the Charging Order being made final, even if it is not grounds for having the Charging Order discharged.

 

To object you only need write to the court, giving the case reference, date of hearing etc. but do this a.s.a.p.

 

Others more expert than me will be along soon to offer their advice I am sure....

 

 

I would always make the application within 28 days or receipt of the judgment too but I think you would just about get away with 56 if necessary,

Share this post


Link to post
Share on other sites

Thanks all for the advice.

 

Just and up date, I will be defending the charging order on the grounds that it will give them an unfair advantage over other unsecured creditors. From research i have done it seems like it is too late to apply for a set aside - which is frustrating as I know for a fact they dont have a valid CCA.

 

Thanks again

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...