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Interim charging order and divorce!!


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My now ex wife has received a CCj(£12000) from her divorce solicitor and they have applied for a charging order on our former main residence which is rented out and has considerable equity.

 

Ex has many other debts and so do I

 

The full Charging order would give unfair priority and i could also argue that ex doesnt own much equity in the house due to monies she has already received, the divorce settlement is not over yet

 

I also have many unsecured debts that I am fighting and it would also give unfair priority to against my creditors(most are unenforcable CC) we both also owe HMRC a small fortune, whcih I pay from the rent

 

The divorce solicitors know the situation inside out and havent put any detail of other debts exs or mine on their claim form which is very naughty and I shall point this out to DJ

 

I now get on ok(ish) with ex and dont want to screw things up for her She couldnt cope with HCEO or bailiff visits if that were to be an option for the other side.

 

What are the options for EX's solicitors if (when) I get this set aside

 

I think I know how to fight this off but a bit of hand holding wont go amiss

 

The case is away from my local court and I thnk I would get a better hearing local as I have met up with several of the DJs on other matters (including divorce vs ex solicitors) and not lost yet

 

What are the best options for Ex ?

 

What is the best way to defend this?

 

upsndowns

Edited by upsndowns
typos
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Not sure what you can do here. I think we need more information, but TBH, I dont know what .

 

Are you saying your ex wife's divorce solicitor has put a charge on your ex home ?

 

If all your creditors for both of you werent mentioned at the hearing, then I would say that is definitely wrong. I will try and find some help for you.

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Not sure what you can do here. I think we need more information, but TBH, I dont know what .

 

Are you saying your ex wife's divorce solicitor has put a charge on your ex home ?

 

If all your creditors for both of you werent mentioned at the hearing, then I would say that is definitely wrong. I will try and find some help for you.

 

 

 

That's how I read it.

 

What is the CCJ for?

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The CCJ was for ex's solicitors bills for the divorce proceedings which as yet are unresolved, the plot thickens now however, they got ex to sign a deed of assignment for all of the propertydue in the divorce settlementso that they could get their cut first from the divorce proceedings

I view that they already have an agreement in place and they havent finished the job off yet as the financials still are not sorted out in the divorce ( we had a reasonable property business and a lot of potential equity in our former main home whcih I now rent to cover the mortgage

If they get their hands on a charging order I think they will go for an order of sale in the not too distant future inorder to get their hands on the cash and wont give two hoots what the sale price will be

 

The interim order /application did not have any details at all about other creditor and they very clearly know the detail inside out This is my main point of defence.

 

I today found out that they tried to get ex to sign a second charge document that would have given them full control of a house with alot of equity(potential) this was in return for dropping the claim,(very nice of them) they would then ahve had full controlto start an order of sale proceeding in 12 months if theex didnt pay it all off

 

shysters comes to mind and this is a top local firm!!

 

I have been litigant in person beating off them and 3 other cases(under another name) with the help of this site including a unfair repossesion claim and a high court sheriff overcharge in the high court

 

I'm well up for the fight but need to get my bearings around what they can and cant do

 

upsn downs (not on my own after all)

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