Charging order dismissed

[Red1983]

Hi all,

 

I've posted on this before, but we have had a turn of events, and I'm hoping someone with legal knowledge could help me.

 

In short: A company took us to court for a CJJ. we appealed and the judge was happy for us to pay a minimal amount every month, Judgement sorted - happy days.

 

then, 6 months later, the company alleged we missed a payment and we got notification of a Charging Order from solicitors.

 

I appealed again and went to court.

 

We showed the judge that we HAD NOT missed a payment, the judge gave the solicitor a verbal slapping! and dismissed the Charging Order, and gave NO Order to costs or interest. Yay us. So didn't think no more of it and assumed the company would remove the Charging Order as per the judge.

 

Ok, so here we are, 8 years later, we still pay £20 a month, that was the judgement.... CCJ gone, we selling house, and guess what.. Charging Order is on house!!!!!!

 

I have all the paperwork from the courts who dismissed the Interim Charging Order.

 

I was hoping that someone may be able to advise how we have it removed please.

 

Many thanks for anyones help.

 

Kindest regards

[BankFodder]

Frankly I'm not completely sure what the answer is – and hopefully somebody who will know better than me will come along soon.

 

However, I think that I would begin with a telephone call to the land registry who may be used to this and will be able to give you advice – and maybe explain to you a quick and cheap way to get this done.

 

Secondly, I would complain to the Solicitors Regulation Authority.

 

You probably should also write to the solicitor involved and complain and inform him that unless she removes the charge immediately you will be complaining to the court and to the solicitors regulation authority (which you should do anyway)

 

Begin with the land registry

[AndyOrch]

Are you sure its the Final CO and not just the Interim Application registered? A Certificate of Satisfaction should sort it anyway as you state the CCJ has been cleared now.

 

Regards

 

Andy

[Red1983]

Thank you for that.

 

I feel like i'm getting into deep waters now!

 

I will research where and whom I need to write to.

 

Any further advise would be awesome.

 

Can't imagine this happens to much does it?

 

Thanks again

[AndyOrch]

If you pay off the amount you owe under the charging order, you can apply to the court for the order to be discharged. Ask the court for a certificate of satisfaction on your county court judgment and include evidence of payment.

 

http://wbus.westlaw.co.uk/forms/pdf/cpf09101.pdf

[Red1983]

There is still an amount outstanding which we are paying monthly, but the 'CCJ" comes off your record after 6 years I thought.

 

We had notification of an APPLICATION with the land registry for an interim charging order a month before we went to court.

 

As above, a month later, we then got notification from the solicitors to say that they had put in an APPLICATION for an Interim Charging Order and a date to go to court for it to be made FINAL.

 

However, we showed the judge they had no grounds for the charging order as we HAD NOT MISSED A PAYMENT under the original judgement. THATS THE ONLY GOUNDS THE COMPANY HAD TO APPLY FOR A CO, WAS IF WE FAILED ANY TERMS OF THE ORIGINAL JUDGEMENT AND WE DID NOT FAIL ON ANY TERMS! therefore the judge definitely DISMISSED it and the paperwork I got through from the court says the following:

 

IT IS ORDERED THAT

 

1. Interim Charging Order is dismissed

 

2. No order as to costs of the application

 

3. Leave to appeal refused as there is no reasonable prospect of success

 

 

 

Hope this makes it a bit clearer.

 

Thanks

[AndyOrch]

Okay so the debt is not clear...then you need to refer to the above order you have posted and inform the Land Registry that the application was dismissed.

[Red1983]

Okay so the debt is not clear...then you need to refer to the above order you have posted and inform the Land Registry that the application was dismissed.

 

Many thanks for that.

 

Do you know at all, if this is a simple process? have you ever come across this before?

[AndyOrch]

Its quite simple...you may still need the above form provided in the link and conformation from the court...but your Order above should suffice.

[Red1983]

Its quite simple...you may still need the above form provided in the link and conformation from the court...but your Order above should suffice.

 

Thats awesome! thank you so much. We were never, not want to payers, we genuinely couldn't payers, and was going to work real hard to pay it off. Now they can have it as the judge ordered! end of. I will be complaining to whomever I can.

 

The misery they've put us through and so many others! its shocking!