Lending money to a friend.

[sillygirl1]

Is there any news yet?

[Consumer dude]

I won, more to follow..

[sillygirl1]

Congratulations. I hope the other person now gets their just desserts.

[Consumer dude]

What an experience that was, defendant turned up mob handed again. My heart raced, hoping I could cope. I felt uncontrolled and spoke to a staff member of the court saying I was anxious and it was decided that not everybody needed to go into the court room. Only the defendant and his wife (who had turned up) were allowed in and of course myself. (more to follow)..

[caro]

Well done CD. I'm glad the court were understanding about your anxiety. Looking forward to the next instalment.

[Consumer dude]

Well done CD. I'm glad the court were understanding about your anxiety. Looking forward to the next instalment.

 

Sounds like I'm in East enders. lol..

[Consumer dude]

On a serious note, I'm now close to breakdown. I have to decide what to do next. I spoke to a relative of the defendant to see if a more commom sense approach can be worked out so I wait for a response to that.

 

On the legal side of things, I need my money now, and the baliffs are an option. What about forcing a sale ? I'm not able to continue with this much longer and need to bring it to a conclusion..

[Consumer dude]

The following have now happened.

 

A/ Judgement entered.

 

B/ Set aside of judgement refused.

 

C Charging order given without modifications..

[Ganymede]

On a serious note, I'm now close to breakdown. I have to decide what to do next. I spoke to a relative of the defendant to see if a more commom sense approach can be worked out so I wait for a response to that.

 

On the legal side of things, I need my money now, and the baliffs are an option. What about forcing a sale ? I'm not able to continue with this much longer and need to bring it to a conclusion..

 

Nothing you can do if you need the money now.

 

An Order for Sale will cost you a couple of grand before you see your money which could take 6 months or more.

[steampowered]

I would send in the bailiffs. This is likely to the cheapest and quickest way. Talk to a HCEO firm.

[Consumer dude]

Can I claim any interest while waiting for the money..

[steampowered]

Does the order you have from the court provide for interest?

[Consumer dude]

Does the order you have from the court provide for interest?

 

I would need to check that, however I was of the mind as it was a personal loan over £5000 unregulated and not connected to the consumer credit act I could charge annual interest at the statutory rate of 8%..

[AndyOrch]

I would need to check that, however I was of the mind as it was a personal loan over £5000 unregulated and not connected to the consumer credit act I could charge annual interest at the statutory rate of 8%..

 

Only if you requested it within your particulars

 

Andy

[Consumer dude]

Can the defendant now apply to have the charging order set aside and if so on what grounds..

[Ganymede]

Can the defendant now apply to have the charging order set aside and if so on what grounds..

 

Very unlikely.

[BazzaS]

Can the defendant now apply to have the charging order set aside and if so on what grounds..

 

I'm not sure you are asking the right question.

 

Can they apply? Pretty much anyone can apply for anything (including a set aside) unless / until the courts declare them a vexatious litigant. They'd have to pay an application fee, and if their application(s) was / were without merit they'd be seen off easily.

 

On what grounds? They can invent pretty much any grounds, but the more ridiculous they are the less likely a court is to entertain them .....

 

So, they can make an application but would be daft to do so : it'd just cost them, and having reached this stage any such application might be dismissed without you having to respond.

 

If you did have to respond you just note that you have complied with the CPR's and the defendant has had their previous set aside application declined already.

 

In summary, I agree with GM's more succinct reply:

 

Very unlikely.

[Consumer dude]

Now that I have a charging order to my favour, am I to be informed legally if the defendant sells the property in question..

[Ganymede]

Now that I have a charging order to my favour, am I to be informed legally if the defendant sells the property in question..

 

Yes. Is he the sole owner of the property? If he is and you have an Equitable Charged registered you can even block the sale.

[Consumer dude]

I have a charging order to my favour without modifications. He is the sole owner of the property or was the last time I looked. What is meant by equitable in this context ?

[Ganymede]

A Charging Order can be registered against a property as either an Equitable Charge (one owned and one debtor) or a Restriction (more than one owner but only one debtor).

[Consumer dude]

I had registered the interim charging order at the time, and as the charge is to continue, there is no further registration to do ?

[Ganymede]

Correct, there is no further registration to do.

 

Your CO will be registered in one of the two ways above now.

[determindator]

Was there any mention of an arrangement to pay you on a regular basis according to his affordability? Surely now he can't wriggle any more he would offer to start paying you.

[Consumer dude]

No offer to pay, just he has been ordered to pay and at least I've secured the debt..