gold card with rbs CCJ and now ICO/CO.

[MrZ]

When you make an application to the court, it can take a few weeks before a judge sees it and/or its scheduled for a hearing. Meanwhile the creditor will carry on trying to enforce/collect. Its highly likely the judge hasnt even seen it yet. If the judge hasnt seen it, it wouldnt be scheduled for hearing yet, and the creditor would not have a copy of your set aside application.

 

When the court opens you should ring and ask if a judge has seen the application. If not, explain that you have had a warrant of execution issued, and you would like to request the application be expedited if possible. You can also speak to the baliffs section, tell them you have an application pending, they may be willing to put your warrant at the bottom of the list.

 

Also if/when the judgment is set aside your charging order will also be set aside. There is nothing extra you have to do for that.

 

Speak to the court. Thats your best bet. If you have time you can hand deliver a letter to the court explaining the same. If you cant hand deliver it, then send it first class recorded delivery.

 

In any case the creditor shouldnt be sending the baliffs around if you have a charging order.

 

Just curious, is it an interim charging order?

[ConsumerMark]

MrZ , thank you for advice. The set aside request is not several months old, but I think that the fact that this is now at a third court doesnt help matters.

 

There was an interim charging order earlier in the year following the default judgement. Further to this there was a full charging order granted.

 

I will feel a lot better when I speak to the court in the morning and I now have a better idea of what I am asking.

[MrZ]

You're quite right. No need to speculate. When you speak to the court, you will be able to determine what the situation really is.

 

BTW in my recent application to set aside, it took roughly five weeks before a it was processed.

 

Once you have the information you're after, post any questions you might have here and I'm sure you'll find the help you need.

[ConsumerMark]

I have spent a lot of time on the phone today and have not really found anything out.

 

The local court confirms that baliffs are on the way and say there is nothing they can do to help. Northampton also said they cannot help.

 

I am trying to call the court who processed the charging order and who i lodged my set aside with but the number 0844 892 4000 seems to be a hub that is constantly engaged.

 

I have sent an email chasing up the setaside to the email address on the court website and am considering sending a recorded letter to the court and rbs solicitors office but not sure where else to go??

Edited June 20, 2011 by ConsumerMark
typing

[MrZ]

Did you speak to the court that issued the warrant? If not I suggest calling that court and speaking to the baliffs section. I wouldnt count on just an email. In my experience, emails get answered later than posted letters. I would definitely send a letter by post as well, fax wouldnt hurt either if you have access.

 

Failing all this, there is nothing better than face to face, provided thats an option for you.

[ConsumerMark]

Thanks MrZ.

 

The court that issues the warrant (local court) has said that there is nothing that they can do. The court that processed the charging order and whom I sent my setaside too are impossible to speak to.

 

Im not sure that the local court cannot do anything other than enforce this, Im not sure what the letter/fax should contain?

[MrZ]

Is it the clerk that is telling you that nothing can be done, or is it the baliffs?

 

Draft a letter that states you have been issued a judgement and subsequent warrant. Give the appropriate claim numbers. Then state that you currently have an application pending to set aside the judgment. Ask that the application be expedited, and ask that any enforcement action (baliffs) be suspended until the application is heard.

 

Send a copy to all courts involved. Fax numbers are usually available on the HMCourts website as well as email addresses. If possible, go to the local court and speak to someone. It is within the clerks power to put something in front of the judge sooner than it would take through the ordinary course. There are no guarantees though.

 

Aside from that. Read up on your rights regarding baliffs and what they can/cant do. Hopefully it wont get as far as a visit before you can get the set aside application sorted out. But it certainly wont hurt for you to be equipped with the knowledge of your rights.

 

A warrant of execution does not allow them to enter your residence unless you give your permission. If there is an open door or window they may try to gain entry. Even if they turn up with police, you still have to give consent or permission for them to enter.

 

Also you can apply on form n244 to have the warrant suspended. You need only state that you have another application pending. This type of application can be heard very quickly, usually in a matter of a few days. You can also submit an application (form ex160a) for a remission of all or part of the fee for this. It too can be processed straight away. These are both forms I would recommend taking to the court in person. I am not 100% sure but I think the fee is 65.00 for the n244 without the application to waive it. It can be waived on eveidence of your monthly disposable income.

 

In some circumstances the court manager will waive the fee altogether, even if you wouldnt normally qualify.

[ConsumerMark]

After a long time waiting I have recieved two letters posted through my door today.

 

One is a form handwritten by a baliff asking me to phone him on his mobile. I still dont know why I have a charging order and a baliff.

 

The second letter is a response from my local court in reply to my letter sent in june, although the letter is dated 22 August. This letter confirms that I have paid a fee and asks me to complete an N244, they do not admit that it has been lost but I think that this is what has happened. Not sure that this should happen in a court, it alls seems very strange.

 

Do I now resend my N244 for a setaside? Can anyone have a look at what I sent and should I resend this or do I need to edit anything? Should I be cheeky and ask for interest on the fee?

 

Thanks all for the help so far.

[Guest]

[ConsumerMark]

hello, can anyone help please?

[Guest]

consumer

 

bumping again

 

noone else has looked in, so suggest

doing the n244 as advised by the court. include all info that you think is relevant/helpful, and what you are seeking. the J will look at it and make an order as sees fit in consideration of the circumstances.

if the court bailiff turns up, tell them that you have submitted an n244. don't let them in. give them a reference number/proof of application if required. they should back off.

imo

[ConsumerMark]

evening consumers!

 

just to say that this little episode is still ongoing! I sent the n244 in by email on the 15th Sept and also delivered a paper copy by hand the next day. I have email confirm and the clerk signed a receipt form. after hours on the phone, no one at the court knows what it going on. Im worried that the bailiff will lose patience and im also worried that if this goes to court it will annoy the judge if the banks fancy barristers make it look like me were employing delaying tactics.

 

i know that this is an unusual case, but does anyone know what i should do? is sitting back the right thing or what? i really dont know now!

[the_shadow]

I think its worth a letter to the court manager asking whats happening.

 

S.

[Guest]

consumer

any developments?

[ConsumerMark]

Hi, I havent been able to get this site to work for ages, the password wouldnt reset, so I signed up with a new login today and now suddenly I am back to my old one. Sorry for lack of updates!

 

In this case, I have spent months chaing the courts and resent the paperwork. Each time I speak with people they say that I havent paid my money even though I have receipt. On advice here, I send letter explaining in detail the problem, and it comes back with an note asking for a fee!

 

Out of the blue, I recieved a phone call to say that RBOS had gone back to the 'original agremnt' and would not be pursuing a warrant. I have written to the court and rbos, but am still in limbo.

[the_shadow]

Have you made a formal complaint to the court manager at all? I think its worth doing this in writing, you have been given the run around here on multiple occasions. They need to get their act together.

 

S.

[ConsumerMark]

Sorry to bring up an old thread.

 

 

I have now got the the point where I am in a good place mentally, physically and even from a financial point of view I am not as hard up as I have been.

 

 

I am looking to sell up and move away,

I have a small amount of equity in my property

but I fear that this will be eaten up by the charging order.

 

Is it too late to pick this up now and push for the set aside that I paid for in 2012?

[AndyOrch]

Sorry to bring up an old thread. I have now got the the point where I am in a good place mentally, physically and even from a financial point of view I am not as hard up as I have been. I am looking to sell up and move away, I have a small amount of equity in my property but I fear that this will be eaten up by the charging order.

 

Is it too late to pick this up now and push for the set aside that I paid for in 2012?

 

If you have paid it off...why is the charging order still in place?

 

Andy

[ConsumerMark]

Hello, to clarify I have not paid it off.

 

I am annoyed with myself that I started the set aside action and didn't follow through. An unusual situation, but how should I start?

[Guest]

you'll need to clarify a bit more than that. help the guys to help you.

what exactly has happened since.

but, on its face, little chance now of a setaside.

[ConsumerMark]

Sorry, will tr to be brief.

 

I had a gold card with rbos. The card was given to me in 2004 as they had lost a cheque in one of those automated paying machines. Once they realised tvwasnt my fault and I went into the branch they arranged to send out a gold card without any paperwork.

 

I stupidly ran up a balance and when I faced difficulties, I wrote some template letter hoping to get the balance frozen to help pay it off.

 

I was late to acknowledge the Northampton claim.

 

Then it was transferred to a court in Manchester and a cuppa granted, I wasn't able t pay it in the 21 days.

 

I paid for and submitted an n244 but this wasn't heard. There was confusion as it should have been transferred to a local court but wasn't.

 

I was dealing with 3 courts and in that time a charging order went through.

 

After a lot of dealing with courts I was told that the n244 was granted and I should receive another bulk centre claim.

 

I havent kept on top of it but believe that I should at least try to sort this mess out. Can anyone hep please?

[ConsumerMark]

I think that the first thing to do is make sure I have all the information to hand?

 

As such, I plan to send an SAR to the bank? Is that right?

[dx100uk]

is the mortgage/property only in your name or is it joint?