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Are there any repercussions to not attending court for an Interim Charging Order?

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I have an hearing to attend court for an Interim Charging Order (which i won't be disputing)

 

From what i've read it seems like attending the Interim Charging Order hearing is advised, but it's not of much importance if you decide not to attend the Final Charging Order hearing.

 

Personally i would prefer not to even attend court for the Interim hearing. Would i face any big repercussions if i were not to attend?

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Hi,

 

There is not hearing for an ICO, it is automatically granted on the papers.

 

There will be a FCO where you can object to it but they are rarely blocked and usually just get made final by the Judge.

 

There is no penalty for not attending the FCO hearing other than you won't be able to argue against it or ask for monthly repayments to be attached to the FCO to prevent an application to force the sale of the property.

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Hi Ganymede, that concerns me when you say.... if i don't attend the FCO, i won't be able to ask for monthly repayments to be attached the to the FCO. I am willing to make monthly payments through a CCJ. That is the avenue i would like to take in order to pay off this debt.

 

So would not attending the FCO hearing mean that my chances would be slim of a monthly repayment being issued?

 

If that is the case, then that does scare me!

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Are you already paying monthly instalments via the CCJ then?

 

If you don't attend you could always write to the Court with you offer and I&E etc.

 

Even if no monthly repayments were included it would be very, very difficult for the Claimant to force the sale of your house. The instalments just make sure.

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You should attend final charging order hearing, you can then state your case that you want to pay or continue paying by monthly instalments and ask the judge to set a condition on the judgement that no further enforcement action can be taken if you maintain payments. If you don't do this then the credit will get the CO then go for a forthwith decision swiftly followed by an order for sale.

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Highly unlikely any OFS will be applied for. Even if it was it's even more unlikely one would be granted.

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but it is better to guarantee avoiding an order for sale by getting the judge to make the condition of no further enforcement if payments maintained.

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