lowell joined 3 debts [2 mobile, 1 credit card]made me BK, now want my house!!

[Solomon Gold]

Hello

 

Broadly, there are three kinds of charging order: a charging order on land (the most common); a charging order on securities; and a charge over the debtor's interest in partnership property.

A charging order on land provides the judgment creditor with security equivalent to a mortgage over the land specified in the order. It is, of course, subject to any prior mortgages and charges. The charging order does not affect the accrual of judgment interest on High Court or County Court judgments (Judgments Act 1838: County Courts (Interest on Judgment Debts) Order 1991 (SI 1991/1184)). Subsequently, the judgment creditor can apply for an order for sale so that, subject to prior encumbrances, they can be paid their judgment debt (and accrued interest) out of the proceeds of sale. (source: The White Book Vol. 1)

 

Rule 73.10 Enforcement of charging order by sale

73.10

(1) Subject to the provisions of any enactment, the court may, upon a claim by a person who has obtained a charging order over an interest in property, order the sale of the property to enforce the charging order.

(2) A claim for an order for sale under this rule should be made to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale.

(A claim under this rule is a proceeding for the enforcement of a charge, and section 23© of the County Courts Act 1984 provides the extent of the county court's jurisdiction to hear and determine such proceedings.)

(3) The claimant must use the Part 8 procedure.

(4) A copy of the charging order must be filed with the claim form.

(5) The claimant's written evidence must include the information required by Practice Direction 73.

 

Section 23—County Courts Act 1984

73.10.2 This Section—in Vol.2, para.9A–448—limits the equity jurisdiction of the County Court. The limit, which is still £30,000 applies to "proceedings for enforcing any charge where the amount owing in respect of the ... charge ... does not exceed the County Court limit". Thus where the charged judgment debt exceeds £30,000 proceedings for an order for sale must be in the High Court. In all cases, the Pt 8 procedure must be used. See further, PD 73, para.4. However, if it is appropriate to do so, the High Court has the power to transfer the proceedings to a county court under s.40(2) of the County Courts Act 1984 (CPR r.30.3 sets out the matters to which the High Court must have regard when considering a transfer). (The White Book Vol. 1)

 

So….Wendyboats, in respect of the above and the up-coming hearing for enforcement of charging order by sale, you have a right to object to the order for sale and I would suggest that you request the court to adjourn the hearing pending the outcome of your appeal against the Bankruptcy order which you believe to have real and significant prospects of succeeding in and any order for sale of your property cannot be reversed in the event of your appeal being successful.

 

Also, you can argue against the order for sale by way of a cross-claim in equity (referred to as a legal set-off) against the same on the grounds that the Bankruptcy order has been obtained against you for a debt that you are not liable for (the mobile phone debt) and it would be manifestly unjust for the court to allow the enforcement action without taking your equitable set-off claim into account, which, by all accounts, based on the material posted here by you, extinguishes the claim made against you. It may be the case that the court directs a trial of this issue or transfer the matter to a higher court which has the requisite authority to deal with the same. In any event, such issues must be determined and settled before the court grants an order for sale. Your husband has a right to object to the order for sale also and he should do so, further, your health condition is another relevant factor that must be taken into account on this matter.

 

I hope this post will help you in some way to deal with the wrong done to you.

 

Best wishes, God bless you and be with you.

 

Solomon Gold

[wendyboats]

Hello

 

Broadly, there are three kinds of charging order: a charging order on land (the most common); a charging order on securities; and a charge over the debtor's interest in partnership property.

A charging order on land provides the judgment creditor with security equivalent to a mortgage over the land specified in the order. It is, of course, subject to any prior mortgages and charges. The charging order does not affect the accrual of judgment interest on High Court or County Court judgments (Judgments Act 1838: County Courts (Interest on Judgment Debts) Order 1991 (SI 1991/1184)). Subsequently, the judgment creditor can apply for an order for sale so that, subject to prior encumbrances, they can be paid their judgment debt (and accrued interest) out of the proceeds of sale. (source: The White Book Vol. 1)

 

Rule 73.10 Enforcement of charging order by sale

73.10

(1) Subject to the provisions of any enactment, the court may, upon a claim by a person who has obtained a charging order over an interest in property, order the sale of the property to enforce the charging order.

(2) A claim for an order for sale under this rule should be made to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale.

(A claim under this rule is a proceeding for the enforcement of a charge, and section 23© of the County Courts Act 1984 provides the extent of the county court's jurisdiction to hear and determine such proceedings.)

(3) The claimant must use the Part 8 procedure.

(4) A copy of the charging order must be filed with the claim form.

(5) The claimant's written evidence must include the information required by Practice Direction 73.

 

Section 23—County Courts Act 1984

73.10.2 This Section—in Vol.2, para.9A–448—limits the equity jurisdiction of the County Court. The limit, which is still £30,000 applies to "proceedings for enforcing any charge where the amount owing in respect of the ... charge ... does not exceed the County Court limit". Thus where the charged judgment debt exceeds £30,000 proceedings for an order for sale must be in the High Court. In all cases, the Pt 8 procedure must be used. See further, PD 73, para.4. However, if it is appropriate to do so, the High Court has the power to transfer the proceedings to a county court under s.40(2) of the County Courts Act 1984 (CPR r.30.3 sets out the matters to which the High Court must have regard when considering a transfer). (The White Book Vol. 1)

 

So….Wendyboats, in respect of the above and the up-coming hearing for enforcement of charging order by sale, you have a right to object to the order for sale and I would suggest that you request the court to adjourn the hearing pending the outcome of your appeal against the Bankruptcy order which you believe to have real and significant prospects of succeeding in and any order for sale of your property cannot be reversed in the event of your appeal being successful.

 

Also, you can argue against the order for sale by way of a cross-claim in equity (referred to as a legal set-off) against the same on the grounds that the Bankruptcy order has been obtained against you for a debt that you are not liable for (the mobile phone debt) and it would be manifestly unjust for the court to allow the enforcement action without taking your equitable set-off claim into account, which, by all accounts, based on the material posted here by you, extinguishes the claim made against you. It may be the case that the court directs a trial of this issue or transfer the matter to a higher court which has the requisite authority to deal with the same. In any event, such issues must be determined and settled before the court grants an order for sale. Your husband has a right to object to the order for sale also and he should do so, further, your health condition is another relevant factor that must be taken into account on this matter.

 

I hope this post will help you in some way to deal with the wrong done to you.

 

Best wishes, God bless you and be with you.

 

Solomon Gold

 

 

Dear Solomon Gold,

 

"Thank you so very much for the above advice and points of law"

 

 

I will set about this first thing in the morning. I have had a very sad and unhappy day all round after a family matter that has also caused me great concern over the past two years and more has come to a head and I needed to try and help her. This is up till this time still needing my attention as well.

 

 

I have always spoken about the 3 issues in my life that have happened in unison and its taking its toll on Wendyboats without a doubt, but I thank each and every one of you that continue to give me hope and support in this matter and as always I promise to fight on for justice. Big hugs xxxxxxxxxxWendyxxxxxxxxxxxxx

[wendyboats]

Sorry late update..........

 

 

Postponement of hearing for sale of house put in yesterday.........Appeal courts now have my paperwork delivered again...........Going before Judge and should know on MONDAY if new appeal hearing granted.

 

 

Fantastic help from CAG as always and a great guy at court of appeals............Thank you all so much you all know who you are, as I do you Wendyboats AKA Watson still very much on the case!! Hugs WBXXXXXX

[Guest]

hi

hopefully the postponement is accepted. see how the appeal goes.

is there a current charging order on the ppty? if not, then #1201 re charging order wld be n/a atm. as is re a bankruptcy app'n for order for sale, eg #1136? unless a charge is accepted instead of a bankruptcy order for sale.

[wendyboats]

hi

hopefully the postponement is accepted. see how the appeal goes.

is there a current charging order on the ppty? if not, then #1201 w/b n/a atm. as is re a bankruptcy app'n for order for sale eg #1136? unless a charge is accepted instead of a bankruptcy order for sale.

 

 

As far as I am aware their is no charging order on property but am not sure what a charging order is ?

 

 

Trustee is going for permission to sell the house to collect her vested interest if her request is granted we have to vacate with in 28 days.

 

 

So xmass would sure be cancelled in our family!

 

 

My brother took my papers into courts by hand and spoke to the chap that's been helping me of late and he said he was taking it strait to the Judge and all were fully aware of my case.

 

 

Could you clarify charging order please Ford. Regards WBX

[Guest]

 

 

Could you clarify charging order please Ford. Regards WBX

 

eg http://www.adviceguide.org.uk/england/debt_e/debt_action_your_creditor_can_take_e/charging_orders.htm

 

an app'n for sale re a CO is not the same as re a bankruptcy app'n for sale.

though, as per that pdf i posted #1136, sometimes a CO might be accepted as an alternative to a bank'y sale.

[wendyboats]

eg http://www.adviceguide.org.uk/england/debt_e/debt_action_your_creditor_can_take_e/charging_orders.htm

 

an app'n for sale re a CO is not the same as re a bankruptcy app'n for sale.

though, as per that pdf i posted, sometimes a CO might be accepted as an alternative to a bank'y sale.

 

 

Then by my understanding of this, and as I read from your link Ford no charging order has ever been made from any one on the debt that Bankrupted me RE; Capone £850.36p at any time and I was put in bankruptcy at Lowell's request I assume ? WB

[Guest]

Then by my understanding of this, and as I read from your link Ford no charging order has ever been made from any one on the debt that Bankrupted me RE; Capone £850.36p at any time and I was put in bankruptcy at Lowell's request I assume ? WB

 

 

then, post #1201 is not applicable re the CO rules applying re yr forthcoming sale hearing re bankruptcy.

except so far as knowing the rules re poss offering a CO instead of a bankruptcy sale, as per that link i prev posted #1136.

[wendyboats]

then, post #1201 is not applicable re CO rules applying re yr forthcoming sale hearing re bankruptcy. except so far as poss offering a CO instead of a bankruptcy sale, as per that link i prev posted. and the postponement.

 

 

 

Confused.com??????????? WB

[Guest]

Confused.com??????????? WB

 

the hearing is not re a sale re a CO (as there is no CO), but is re bankruptcy. different rules.

but, a CO cld be offered instead of bankruptcy sale. as per that link i posted #1136.

[caro]

Sorry late update..........

 

 

Postponement of hearing for sale of house put in yesterday.........Appeal courts now have my paperwork delivered again...........Going before Judge and should know on MONDAY if new appeal hearing granted.

 

 

Fantastic help from CAG as always and a great guy at court of appeals............Thank you all so much you all know who you are, as I do you Wendyboats AKA Watson still very much on the case!! Hugs WBXXXXXX

 

Any news from court yesterday?

[wendyboats]

Any news from court yesterday?

 

 

Nothing till late today from appeal courts, and as I understand it I have been granted a appeal hearing again, I was advised to contact this chap at high courts and given his e mail address which I did, sadly as it was nearly closing time I only received acknowledgement that he knew I contacted him !

 

 

I think its to arrange a new date ASAP, As it was worded by the kind listings office man in his e mail to me, he has been most helpful with this case,my view is if it was a NO he would have just said so !

 

No confirmation of postponement from Southampton courts even after a number of e mails saying they would get back to us .

 

 

So we will be going in morning for 11.30 am to make sure its getting postponed, am taking no chances !

 

 

Will update as soon as I know anything I promise, So fingers crossed and all that FELLOW CAGGERS Wendyboats needs you all xx

[caro]

Thanks for the update. Fingers well and truly crossed for you.

[wendyboats]

Hi all,

 

 

Good news the judge at the application hearing for sale of our house was very knowledgeable of bankruptcy law and ripped their legal representative to bits, she did not have the bankruptcy bundle and that was her first mistake!

 

 

He had received my application to postpone but wanted to see us and he made it clear that I was to be given the chance to appeal this bankruptcy. Their legal protested about time taken and that my application to high court was still on-going in fact she pointed out Courts could not find my Bundle so should disregard.

 

 

The judge told her in no uncertain terms that the fact I had applied meant they had no right to apply for "anything" at this stage and went on to say that in the likely hood I had this overturned no one would be getting anything !

 

 

It was postponed until after all appeals had been made by me in this matter. He again chastised her when she requested I send order to them, Judge sternly told her no it goes to OR.

 

 

I asked question is not the trustee the OR and he smiled and said NO and explained who I needed to contact re this case in Southampton. He also said the high courts would notify Trustee and I need not do any more !

 

 

What do you think guys??????

 

 

Bad news only a little bit from high court is some court papers still missing and now its in front of Judge he has made his personal clerk responsible in locating them and requested that all copies I have could I please e mail them so he can deal with this appeal !!

 

 

I have sent what I had and await response from his clerk. Wendyboats feeling bit more positive XX

[caro]

Wow! That sounds excellent news!! Have you got everything that you sent in your original bundle?

[wendyboats]

Wow! That sounds excellent news!! Have you got everything that you sent in your original bundle?

 

 

 

Well Caro that's a good question because the bundle the court had was sent via the district judge and my bundle had mostly the paper work given by B W Legal, my evidence is in their evidence except for the fact I have copies of two CCA sent by them to my first solicitor with different dates and signatures.

 

 

Also PPI claim put in by Trustee and e mails but I have copies of every thing on my computer. I think Judge must have what he needs as no reply back yet to say its not right. WBX

[caro]

I think you should have a copy of B W Legal's bundle, so if not, ask them for it.

[citizenB]

This is sounding very promising indeed.

[Guest]

sounds good wb

trust my recent posts didnt confuse too much

[wendyboats]

I think you should have a copy of B W Legal's bundle, so if not, ask them for it.

 

 

I was sent it via e mail on a disc format by the solicitor two days before appeal hearing last year, but I could not open it till some months later as it had a serious virus attached on opening, I had to have my computer looked at and new spyware added.

 

 

On opening it I discovered all the evidence I needed to prove my case! also Trustee had also unwittingly sent me proof that she had with held info on my PPI Claim and even made sure they would not respond directly to me.

 

 

The Trustee had put in her case before Judge today and he was unimpressed by it that's why he said to their legal where are your bankruptcy papers and she had no answer for him. WBX

[wendyboats]

sounds good wb

trust my recent posts didnt confuse too much

 

 

No Ford quite the opposite once I read thread and you clarified it and I thank you for that. WBx

[wendyboats]

This is sounding very promising indeed.

 

 

Sorry mist you citizenB.............. Yes I must admit the Judge deffo gave me a vibe of positivity about success of this being overturned and was helpful to a point of smiling widely at us and snarling at their legal rep, Both my ex and I felt for the first time this will the view of a high court judge.

 

 

I did send with my applications to appose sale and postpone a very factual account of the issues relating to this case, All thanks to all you guys here at CAG over past two years , and I believe that's why he acted as he did. WBX

[citizenB]

Well for sure you have Team CAG rooting for you:)

[wendyboats]

Well for sure you have Team CAG rooting for you:)

 

I certainly do and thank god!

 

 

I do not know if I mentioned this but I found it odd.........Their legal asked that they be sent order of appeal by me and could he order this?

 

 

Judged showed utter distain to this request and said...........No Ms.... Will do no such thing you will receive this via the courts and it will go to the OR...

 

 

I asked judge what OR and he replied The Official Receiver here in Southampton....To which I dumbly replied ............But I thought Trustee was OR ?????????

 

 

What am I missing here as I have never had this advised to me before and am baffled by this, any one know what this means or what difference this might make please ?WBX

[AndyOrch]

Some information for you Wendy with regards to Trustees/Official Receiver/IPs....

 

https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch1-12/Chapter4/Part%201/part1.htm

 

Well done on today.

 

Andy