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Urgent help please - interim charging order & charging order hearing

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All docs defence + interim charging order.zipCan someone please help urgently as I'm sick with worry and stress. I've started a new thread as things have moved on from my previous thread at: http://www.consumeractiongroup.co.uk/forum/showthread.php?254690-AIB-Visa-Card-Applied-for-Summary-Judgement/page4? I also attach latest docs for info.

I seem to have made a mess of things. The summary judgement was ridiculously found in favour of AIB despite what I thought was a watertight defence as AIB had absolutely no proof that I had ever taken out a cc with them and their solicitor admitting as much! I was so shocked by this judgement that I have written to the court twice to check what went on as I can only think that due to some administrative error my defence was not presented to the judge! To my horror I've now received an interim charging order and notice of a charging order hearing on 21 Oct.

 

I attach my defence, letters to court and an interim charging order. I want to organise a defence, especially as there is no, or very little equity in my property. My 2 mortgages total about £123k and the house is worth about £125k, they are claiming £11,228.27, which really amounts to extortion as the original debt claimed was about half this! I also want to get to the bottom of how a judge could possibly come down in favour of AIB without any legal basis for their claim and appeal if at all possible?

 

Can anyone please advise on how I should proceed and who can help me? Anything would be much appreciated as this dreadful injustice is really getting me down.

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Hi,

 

There is some useful information in the first post on this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale

 

Preventing the charging order being made final as this stage is going to be tough I'll be honest but the best thing to do is to emphasise the negative equity your house would be in and the fact that it would prejudice other creditors etc.

 

As for the defence to the CCJ, it's unlikely that the court will consider it at the FCO hearing but it's always worth a go!

 

Appeals against the CCJ are possible but risky, time consuming and potentially very, vey expensive.

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Many thanks for the info Ganymede, very helpful. I've really lost all faith in the so called justice system in the UK. It seems I completely wasted my time putting up what I thought was an overwhelmingly watertight defence to this claim. I thought I had convincingly refuted all the points in the claim and the claimant had broken the CCA law so many times and there was no evidence of there ever being a contract. The judge seemingly just ignored the facts and found in favour of the claimant anyway! I assume there is no point in applying to have the Summary Judgement set aside as a judge would just side with the financial institution and ignore the actual facts? Thanks again for the info.

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