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    • If he was paying a Solictor by the hour I'm sure he would be more engaging....we offer this service free of charge in our own free time.   He needs to engage and fast.   Defence due Friday 11th Dec by 4.00pm   .
    • Applying for a charging order involves two stages: the interim charging order and the final charging order. Interim charging orders If your creditor decides to apply for a charging order: Your creditor sends a form to the court along with proof from the Land Registry that you own, or jointly own, your house If the court agrees that you own a share of the property and a charging order is allowed under the rules above, you'll be sent an interim charging order on form N86 and a copy of the creditor's form N379. These show the reasons they've applied. This is also sent to your spouse or civil partner, any other joint owners of the property and your mortgage company or other secured lenders A restriction will be placed on the Land Registry, stopping you from selling your house until the final charging order hearing. You will get a form B136 from the Land Registry telling you this has happened. You don't need to reply to this form The interim charging order is issued without a hearing. If you do nothing, a final charging order will be issued 28 days later. If you want to object to the final charging order, you must write to the court and creditor within 21 days of receiving the interim charging order. The court may then arrange a hearing to make a decision. Reasons to object might include: The property doesn’t belong to you, and you are not entitled to a share of any equity in it The CCJ happened before October 2012 and you’ve not missed any instalments set by the court The creditor has not followed the application process correctly, for example they’ve not informed your spouse or civil partner You can also write to ask the court to set conditions on the charging order. One condition that we recommend asking for is an affordable instalment order, if one is not already in place. This is where the court sets a regular payment. If the court agrees to this and you keep up with the payments, the creditor will find it much harder to take further enforcement action through the court. If no instalment order is set there’s a risk the creditor could take further action, for example by instructing enforcement agents (bailiffs) to visit. If your CCJ was date 1 October 2012 or later, an instalment order which is up to date also prevents the creditor applying to force the sale of your home. Final charging orders For the second stage of the charging order process, if you’ve not made any written objections, a court officer or sometimes a District Judge will decide whether to make a final charging order. If you wrote to the court and creditor with objections, or you requested other conditions are applied, the court may arrange a hearing to decide whether to make a final charging order. The hearing will be at your local County Court hearing centre. The hearing will usually be in private chambers with a District Judge and normally a representative from the creditor. The judge will listen to both sides and decide whether to make the final order or not, and what conditions if any are to be applied. Once a final charging order is made, you’ll get a letter from the court confirming this on form N87.   Regards   Andy
    • 100% agree Andy, will try again. TBH, I did expect a little more info from him.
    • Not really ......why .?  But if he can't even remember a small detail such as I've asked like when did he / others start this practice of swiping their own cards then it does not really give me much to work with in any proposed mitigation defence.   Its simple to draft a defence which puts them to strict proof to quantify their losses and prove the amount claimed.   At worse he loses with a much reduced figure...at best he wins because they are unable to prove......but the small details are important and most of all his honesty demonstrated if a mitigated defence is used.   Andy
    • dx100uk,   no he is joint owner.  The interim charge order is already shown on the title register of the property and the other joint owner ( wife ) has been served with the notification papers as per the procedure. 
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so far i undersatnd that i need to do the following:

 

N244 form: asking for relief of sanctions for appealing out of time. reasons were out of my control, wrong address, illness, death in family, should help as per CPR3.9

N164 form: permission to appeal strike out order made on 8th Nov 2013. reasons: court informed both claimant an defendant that submission were not required.

 

What do you guys think?

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The N164 is the actual appeal form, you need permission to appeal first as you should have done this within 21 days. You now have to ask for relief from the sanctions imposed upon you being late.

 

Not receiving the Order is unlikely to be a convincing reason.

 

I think you need to seek proper legal advice from a professional if you are having trouble.

 

If you lose you could end up with a costs order against you so think carefully before you do anything.

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ive just read the n164, in section 3 there is a question asking if permission to appeal has been granted and a box asking for the permission. section 4 and 7b seem to suggest that i need to use this n164 form for both the appeal and permission to appeal. Is this because its a small claims track so to reduce the cost?

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how guys any more feedback please. Im getting a bit nervous now. I dnt have enough money to pay for a lawyer. i really need some direction here. can i use ECHR to say im being denied my right to a fair trial?

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Hi people

 

i just realised, after the 8th November strike out order i changed address and moved to Portsmouth. i told he court this in person and in an email. The court didnt change the address and sent the order to the old address. As such i was informed by the court of my right to appeal. can that stand as one of my good reasons?

 

do i need to do a statutary declaration?

 

What date did you notify the Court of your change of address?

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