charge on property. help

[anne21]

Hi

 

 

im hoping someone can help me and my family.

 

 

A charge has been put on my parents property of around £8500.

 

 

we tried to dispute it but the application was refused (as they said it wasn't a proper application).

 

 

my dad was involved in car accident & lost the claim so he has to pay all the solicitor & legal fees.

 

 

He intended to pay the money back in instalments.

 

 

Those solicitors are saying we sent a letter out to our address asking if we would like to pay in instalments.

But we never received no letter. & now the charge has been put on our property.

 

 

My parents also have to attend county court next month.

 

 

They are clueless as they dont know what to do next.

 

 

Shall they just wait to attend court or is there something we can do.

 

we would really appreciate any help. regards

[citizenB]

Do you know why your parents have to go to court next month?

 

Is the property in joint names?

 

Was the claim against your Father only ?

 

I will try and find someone who might be able to help ?

[anne21]

Yes, the property is in both names (as my mum is a joint partner), but the claim was only against my dad. Erm I think its to dispute the amount being charged on the house I think. I will clarify & get back to you. Thank you, that would be great.

[citizenB]

Righto, well it is my understanding that the claimant will only be able to apply for a restriction and not a full charging order.

 

Is it also, only your Father who has to attend court or both your parents. Sorry for all the questions, but I am trying to think of what information might be required in order for those with more knowledge to help you

 

I have asked someone to look in on you as soon as they can.

[citizenB]

Here you go

 

So the Solicitors have a Default Judgment and have secured it by way of an Interim Charging Order (or K Restriction )...its irrelevant whether they sent a letter or not as the claimant can automatically secure the judgment by this method.

 

The hearing will be to make the ICO into a FCO as means of security...attending court will not really have any effect on the outcome...but they can voice their concerns that they were denied the opportunity to agree a payment plan.

 

Back to the judgment and payment it may be wise to submit an N245 to agree a monthly payment plan before the hearing so the court can see that steps have been taken to address the debt.

 

ICO - Interim Charging order

FCO - Full Charging Order.

[anne21]

Ermm okay. Can I ask what a n245 is? And would we send that directly to the solicitors (by recorded delivery), also I wanted to know if they can charge interest on the amount or add any other costs to it? As the total sum seems to be rising.?

 

 

Thank you for your help

[Andyorch]

Ermm okay. Can I ask what a n245 is? And would we send that directly to the solicitors (by recorded delivery), also I wanted to know if they can charge interest on the amount or add any other costs to it? As the total sum seems to be rising.?

 

 

Thank you for your help

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-October-2013**

 

Goes to the court that issued the judgment...fee is £55

 

Regarding Interest...look at the particulars of claim and Notice of Judgment...this will confirm interest arrangements.

 

Andy

[anne21]

Okay so my dads just told me that he's appealing the amount that he's been asked to pay. He said that he's claim was on a no win no fee basis & he shouldn't have to pay the other party solicitor fees. He sent an appeal form off yesterday. Do you think this is right or is he just wasting his time??

[Andyorch]

Appealing the judgment...do you mean making application to set a side?

[anne21]

Erm I think so yes