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charge on property. help


anne21
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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

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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 ?

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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.

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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.

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4: Staying Calm About Debt  Read Here

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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.

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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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

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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

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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??

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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