Lending money to a friend.

[Consumer dude]

Now the defendants application to set aside has been refused, will the interim charging order automatically become a final charging order..

[AndyOrch]

CPR 73 (4)

 

73.4

 

(1) An application for a charging order will initially be dealt with by a judge without a hearing.

(2) The judge may make an order (an ‘interim charging order’) –

 

(a) imposing a charge over the judgment debtor's interest in the asset to which the application relates; and

(b) fixing a hearing to consider whether to make a final charging order as provided by rule 73.8(2)(a).

[Consumer dude]

I had already made an application for a charging order and an interim charging order had been given and the hearing to decide further was put on hold while the set aside application was heard .

[Consumer dude]

Will I be able to apply further interest until the debt is paid..

[AndyOrch]

If you requested in your particulars...yes.

[Consumer dude]

I doubt he's going to want to come to any arrangement any time soon..

[Consumer dude]

I believe I've been libeled, with the implication that I might be party to a criminal act (the signature isn't my signature as spoken and in written form by the defendant, so who's signature is it then ?

[determindator]

Best get moving with the charging order, ive no idea why he would want to fight someone who's lent him money in good faith.

[steampowered]

Apologies if this has already been covered, but have you considered sending this debt to an HCEO firm? They would send round a bailiff to try and collect. It might not achieve anything if the defendant doesn't really have any seizable assets, but maybe worth a go?

[Ganymede]

I believe I've been libeled, with the implication that I might be party to a criminal act (the signature isn't my signature as spoken and in written form by the defendant, so who's signature is it then ?

 

No you haven't.

[Consumer dude]

No you haven't.

 

Not directly I guess but by implication ?

[Consumer dude]

Apologies if this has already been covered, but have you considered sending this debt to an HCEO firm? They would send round a bailiff to try and collect. It might not achieve anything if the defendant doesn't really have any seizable assets, but maybe worth a go?

 

One of the many options I guess..

[Ganymede]

Not directly I guess but by implication ?

 

It's a moot point anyway.

 

You can't be libelled in Court.

[Consumer dude]

Received the court order that states the defendant's application for a set aside of the judgement is refused..

[Consumer dude]

I should be relieved but I feel sick and I have been..

[caro]

I should be relieved but I feel sick and I have been..

 

 

It's not nice to think that someone that has been such a good friend that you were willing to help by lending so much money to would let you down. Had he been honest and told you he had difficulty paying and tried to make an arrangement to pay you back when he could it would be a different matter.

 

 

The fact is that he has not been a friend to you so you have had no choice but to take this action. He could have stopped it at any time, but instead has deliberately ignored you, and dragged this out. This is not your fault so please don't feel bad about it and for goodness sake, don't make yourself ill worrying.

 

 

Anybody who had had their good nature taken advantage of in this way would do the same.

[Consumer dude]

It's not nice to think that someone that has been such a good friend that you were willing to help by lending so much money to would let you down. Had he been honest and told you he had difficulty paying and tried to make an arrangement to pay you back when he could it would be a different matter.

 

 

The fact is that he has not been a friend to you so you have had no choice but to take this action. He could have stopped it at any time, but instead has deliberately ignored you, and dragged this out. This is not your fault so please don't feel bad about it and for goodness sake, don't make yourself ill worrying.

 

 

Anybody who had had their good nature taken advantage of in this way would do the same.

 

Thank you for your kind words..

[Consumer dude]

I had put in a charging order that seems to have got lost in the Application..

[caro]

As the set aside was refused I don't see that anything will have changed, but I suggest that you phone the court and see how things stand with the CO.

[Consumer dude]

As the set aside was refused I don't see that anything will have changed, but I suggest that you phone the court and see how things stand with the CO.

 

I understood it was going to be dealt with at the same time as the set aside but it was never discussed. Perhaps I get a separate hearing day for that. I give it a few days and then I could phone up the court..

[Guest]

I understood it was going to be dealt with at the same time as the set aside but it was never discussed. Perhaps I get a separate hearing day for that. I give it a few days and then I could phone up the court..

 

The co shld continue as was. Maybe a hearing if they think they have grounds to object to a co (they cant now object re the ccj)

[Consumer dude]

I guess the interim c/o stays until such a time another hearing is made ?

[Consumer dude]

Could there be a stay in proceedings of the application to get a final charging order with an attempt to possibly negotiate a payment plan ?

[Ganymede]

I guess the interim c/o stays until such a time another hearing is made ?

 

Correct.

 

You should request a hearing.

[Consumer dude]

Have received from land registry equitable charge confirmation created by an interim charging order of the county court in favour of myself..