Judge not clear on his action in Court

[JEB]

Hi, went to Court last month where Interim Charging Order was made final. I asked the Judge whether any of my other creditors has been informed about the Charging Order and if they had any objections. He said they had been informed. I felt suspicious at the time and thought that he had probably not even read through my defence and decided to ask the Court if they could send me a copy of any correspondence to that effect. The Court sent me all documentation regarding the case, but there is nothing there to show that my other creditors had been informed. I know I could complain to the Court, but is there anything else I could do to possible have this Charging Order cancelled on this basis. ? Also Sols are now asking that I pay no less than £355 per month where the judge said I could pay what I could afford, although this is not mentioned on the Final order. I am already in a DMP with Payplan.

[dx100uk]

i have slightly ammended the title of your thread

better safe than sorry

 

dx

siteteam

[AndyOrch]

Also Sols are now asking that I pay no less than £355 per month where the judge said I could pay what I could afford, although this is not mentioned on the Final order.

Not up to the Sols to request anything or amend anything unless they have sought recourse by way of an application to vary via Court.

 

Regards

 

Andy

[Ganymede]

Also Sols are now asking that I pay no less than £355 per month where the judge said I could pay what I could afford, although this is not mentioned on the Final order.

Not up to the Sols to request anything or amend anything unless they have sought recourse by way of an application to vary via Court.

 

Regards

 

Andy

 

 

 

 

If the FCO is silent on how it is to be paid, which is the case here, then it appears that it is essentially payable forthwith and no instalment rate has been set for paymetn. Therefore the Claimant can ask for however much they like per month without having to apply to court.

 

I think the OP needs to find out exactly what the order was meant to say...

[AndyOrch]

Absolutely Gany and also check out that other credits had been informed and did the Court receive any objections

 

Andy

[JEB]

andyorch, as mentioned, I asked the Judge whether any other creditors had been informed and he said they had, where is fact non of the other creditors had been contacted, therefore, the Judge's answer was incorrect !!! I am now going to complain to the Court on that basis !!! Keep you posted on what happens.

[Ganymede]

andyorch, as mentioned, I asked the Judge whether any other creditors had been informed and he said they had, where is fact non of the other creditors had been contacted, therefore, the Judge's answer was incorrect !!! I am now going to complain to the Court on that basis !!! Keep you posted on what happens.

 

 

How do you know that they were not contacted?

[JEB]

.............. explained at the start of this post