Lending money to a friend.

[Consumer dude]

did you ask and the court give interest under the county court act? normally 8%?

 

The court gave interest after the judgement was given..

[AndyOrch]

Should be from when the money was lent up until judgment or payment

[Consumer dude]

Will the defendant have to explain any reasons why a final charging order should not be given..

[AndyOrch]

Will the defendant have to explain any reasons why a final charging order should not be given..

 

Wont be given the opportunity...charging orders are now automatic if the claimant requests it.

 

Section 94 of the Tribunals, Courts and Enforcement Act 2007 was brought into force on 17 May 2012. The Act incorporates a new section 3A into the Charging Orders Act 1979 and has given the Lord Chancellor the power to make regulations providing that:

 

charging orders may not be imposed to secure an amount below a certain threshold; and

charging orders may not be enforced by orders for sale if the amount in question is below £1,000. This will only apply to debts regulated by the Consumer Credit Act. Indications at the current time are that this change will be introduced in December 2012.

 

The Second Change

Section 93 of the Tribunals, Courts and Enforcement Act 2007 will come into force on 1 October 2012. The amendments allow an application for a charging order to be made in cases where the debtor has not defaulted on payment of an instalment judgment.

[Consumer dude]

Wont be given the opportunity...charging orders are now automatic if the claimant requests it.

 

Section 94 of the Tribunals, Courts and Enforcement Act 2007 was brought into force on 17 May 2012. The Act incorporates a new section 3A into the Charging Orders Act 1979 and has given the Lord Chancellor the power to make regulations providing that:

 

charging orders may not be imposed to secure an amount below a certain threshold; and

charging orders may not be enforced by orders for sale if the amount in question is below £1,000. This will only apply to debts regulated by the Consumer Credit Act. Indications at the current time are that this change will be introduced in December 2012.

 

The Second Change

Section 93 of the Tribunals, Courts and Enforcement Act 2007 will come into force on 1 October 2012. The amendments allow an application for a charging order to be made in cases where the debtor has not defaulted on payment of an instalment judgment.

 

Thats interesting reading, does that information though only apply to an application for an interim charging order which I have already got or does that equally apply to the final charging order part ? Many thanks..

[AndyOrch]

It applies to charging orders...interim's are only phase one of the two part process.

[Consumer dude]

It applies to charging orders...interim's are only phase one of the two part process.

 

I have read else where that a defendant is able to explain why he feels that a final charging order should not be given, and that would be the purpose of a hearing so now I am confused..

[Ganymede]

I have read else where that a defendant is able to explain why he feels that a final charging order should not be given, and that would be the purpose of a hearing so now I am confused..

 

The Defendant can have his say and object at the FCO hearing, not that it will make a difference.

[Consumer dude]

The Defendant can have his say and object at the FCO hearing, not that it will make a difference.

 

Oh right, so it really is a done thing by the sounds of it..

[Ganymede]

Oh right, so it really is a done thing by the sounds of it..

 

90% likely, yeah.

[Consumer dude]

I am confident but if the defendant wants to challenge at this stage, what is likely to be a possible defence and would I need to be sent any copies of such if that were to be the case..

[Consumer dude]

What I am understanding is if the defendant has a defence to prevent a final charging order, then I as the claimant need to know what that would be at least seven days in advance, otherwise a final charging order will be given. Does that sound about right ?

[AndyOrch]

No...because you cant defend a FCO...its a fait a compli

[Consumer dude]

No...because you cant defend a FCO...its a fait a compli

 

Ok, why does there have to be a hearing then ? of course, I'm happy to hear this, would the defendant have received the notice from the court to attend as I have done. Thank you..

[AndyOrch]

Yes...whether he attends is optional...most dont.

[Consumer dude]

Is further interest payable until the debt is paid..

[caro]

Depends what the judgment said, but most likely not.

[Consumer dude]

If the defendant turns up this time, I want to ask him a couple of questions or so. Will I be allowed to do so ?

[Consumer dude]

Court next Friday week, to decide final charging order. Will defendant even bother to turn up ? I wait with interest..

[caro]

As do we all CD.

[Consumer dude]

Can't see defendant turning up this time if it's a done thing by what I have understood..

[Consumer dude]

One week to go..

[Consumer dude]

I can't think of anything else I need to do other then turn up next Friday to the court for the second stage of the charging order. I have not heard directly from the defendant so I have no idea what he wants to do. How long should the hearing last I wonder..

[sillygirl1]

Good luck for Friday. I hope you succeed in getting your money back from this horrible person.

[Consumer dude]

As much as I feel confident about next Friday, and given that the defendant has not sent me anything in the way of a defence, I do not take nothing for granted and with that, is their likely to be any hidden surprises that I should be aware of that could happen on the day ?