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Forthcoming charging order hearing


hammyhound
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I have a final charging order hearing coming up soon, it is LTSB. Now I know on their application it does not state any other creditors (except for OH) but my mortgage is with the Halifax and there is a second charge also with them. I do know that Lloyds own Halifax. Would they still have to inform Halifax of their impending CO - actually it is a restriction and not a full CO as the debt is in my sole name but the property is jointly owned.

 

My one concern with this is that the judge will agree yes they are owned by LTSB so they do not have to be informed as they are one and the same and then Lloyds force an order for sale despite me having instalment payments. Now I am panicking!

 

Any help would be most appreciated.

 

HH

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  • 2 weeks later...

Take a look here Hammy same scenario holder.gifHelp plz - Worried as judge granted CCJ with forthwith payment

 

Regards

 

Andy

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Thanks Andy,

 

I will make sure they can't go for an order for sale but in the meantime can anyone help me with this.

 

My application for variation goes to the court, I hear nothing but in the meantime I receive the Application for CO - it was applied for 3 days after my application - hearing for the CO 2 months later (which I had to get adjourned due to my ill health), in the meantime I receive an order with my proposals for payment accepted (some 3 months after my application for variation). I have to check with the court again as it seems that the Claimant sat on this in order to get their application for CO in first. Can this be mentioned at the hearing as I think they will state the Ropaigealach V Allied Irish Bank CA Nov 2001 case in that an application for CO can be finalised if it was made before an instalment order.

 

Can anyone help me with this.

 

HH

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I checked with the court today, it seems my application was sent to the Claimant's solicitors straight away but because they never replied the court made the proposal for payment itself some 3 months later. I think that what the Claimant's solicitors have done is ignore my application and threw in an application for a CO in the hope it would get in there first, the hearing was scheduled for December but I was ill and got it adjourned. Would I be able to state in my objections to the CO that the Claimant's solicitors deliberately delayed in the response to my application in order that their application for the CO would be heard before any instalment order was in place.

 

Thanks

 

HH

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