I owe legal costs- Judgement Creditor charging daily interest.

[caro]

I've asked for some more knowledgeable members of the site team to advise you Dookist. Can you summarise your reasons for applying for a set aside please.

[Dookist]

Hi Caro…

 

A Judgement was made against me for a Final Charging Order (Form K Restriction).

 

More than 30 days after the Order was made, the Judgement Creditor made an application to the Court on N244 to vary the Order.

 

A variation of an Order can only be made through the Appeal Procedure and there is usually a 14 day time restriction, CPR 28 r 4.2(2), especially as the JC was at the hearing, CPR 28 r 4.3(2), so could have made a request to vary at that time.

 

I believe also that it is difficult to vary an Order once it has been made, unless there are very good reasons for doing so, such as there being a material change of circumstances since the Order was made, or where the facts on which the original decision was made were misstated (CPR 3.1(7)), neither of which apply.

 

However, the DJ awarded the JC a new modified Order… no idea why as the Court does not have the jurisdiction to vary its' original order once it has been sealed (other than through an appeal) & so the new order is (or so I have been told) unenforceable due to it being illegal at its' formation.

 

I would appreciate any views, please.

[Ganymede]

Where are you getting this from that the Order has to be appealed?

[Dookist]

Hi Ganymede…

 

Does the creditor not need to go through the appeals procedure to get the Order varied?

[Ganymede]

They're not appealing though, just applying to amend the wording of an Order.

[Dookist]

They're not appealing though, just applying to amend the wording of an Order.

 

Why would a Judgement Order need amending/correcting?

 

Does a Judge even have the right to revisit his own Judgement after it has been sealed?

[Ganymede]

Generally, under CPR 1 and CPR 3 a Judge can do pretty much whatever he/she wants.

 

CPR 73.9 allows a Charging Order to be varied upon application to the Court but not sure this should be used to vary the wording of a Restriction.

 

Can you refresh my memory on the exact wording of the amended Restriction?

[Dookist]

Hi Ganymede…

 

You are probably aware of the wording of a standard form K restriction which states that notice of disposition must be given to the creditor on the sale of the property…?

 

The modified wording is that 14 days notice must be given prior to disposition…

 

So it's more like a caution.

 

I suppose it doesn't make that much difference, really… I am just annoyed that they didn't give me a chance to make any submissions at court.

 

Everyone has the right to a fair hearing… or so we are led to believe, but much of the time this is far from the truth...

[Dookist]

Hello all!!

 

Just wondering if I am unique in having TWO charging orders (a standard form K restriction and a modified restriction) for a single debt?

 

I would be very interested in hearing from anyone else in this situation, please…we can compare notes!

 

Is this a new thing?

 

Dookie.

[honeybee13]

Hello there.

 

Just to check, is this a debt that relates to benefits please?

 

HB

[Dookist]

Hello there.

 

Just to check, is this a debt that relates to benefits please?

 

HB

 

Hello! No, it is nothing to do with benefits.

 

Dookie.

[honeybee13]

Can you tell us some more then please, because you've posted in the benefits forum. Who is your debt with?

 

HB

[Dookist]

Can you tell us some more then please, because you've posted in the benefits forum. Who is your debt with?

 

HB

 

Sorry, HB… I didn't mean to post in the benefits forum… Would you be able to move this to the relevant forum, please? (I have trouble finding the "Post New Thread" button as it doesn't show up on my computer for some reason).

 

I have to pay legal costs of £25,000, which have been secured first by a Standard form K Charging order, then as soon as the Order was made, the JC straightaway made a Without Notice application for a modified CO. The modified version does not replace the original CO, as that was ordered to continue. I am wondering if there are others out there who have had a similar thing happen to them, as I have trawled the web without success. I seem to be unique!

 

I don't really understand why the JC needed the additional CO, or the Court's decision to allow the hearing to and grant the order in my absence and that of the joint mortgagee.. I thought that Without Notice applications were only allowed in exceptional circumstances… there was hardly any urgency as the JC already has security by way of the CO.

 

Dookie.

Edited November 6, 2015 by Dookist
typo

[honeybee13]

Thank you for that. I'll move your thread to general legal for further advice.

 

HB

[Ganymede]

You already have a thread on this if I recall don't you?

[Dookist]

Thank you for that. I'll move your thread to general legal for further advice.

 

HB

 

Many thanks!

[honeybee13]

You already have a thread on this if I recall don't you?

 

Thank you for that, Ganymede.

 

Dookist, is your question related to this thread?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?427904-Award-for-costs-disputed-now-Interim-Charging-Order-in-place/page4

 

HB

[Dookist]

HB… it was a question about interest charged … didn't realise it needed merging with previous threads… apologies!!

[honeybee13]

Dookist, I've merged your threads again. Please don't start new ones on the same topic.

 

HB

[Dookist]

I don't think I'm getting the hang of this forum...

[AndyOrch]

Just keep to your thread Dookist..instead of starting a new thread for every new question/development of the same problem.

 

Regards

 

Andy

[Dookist]

Ok!!

[Dookist]

Oooh nooo...

Sorry...I think I've posted on the wrong thread... I was looking for help filling in a form N260, please... (for a summary costs hearing)...

I hope someone can re direct me to a suitable thread.

Mant thanks, Dookist

[Dookist]

Back in the room... it's been a long and very stressful time!

 

Just to update... the court finally awarded a judgment against the person who caused my sale to collapse.

 

There will be a hearing in March and court directions state that I must provide a detailed statement of costs...

 

I've looked at form N260, but can't understand it... it seems to be for solicitors who log every item by the minute.

 

I haven't kept a record of the time spent on the proceedings over the past 18 months, when I issued a fresh claim.

 

Stupid, I know, as now I can't remember how long I took on each item.

Probably too long... I spent 8 hours Googling N260 yesterday to see if I could find any examples...

 

I was wondering if I should write to the court, telling them that I am unable to provide a detailed statement, and whether or not they could assess my costs on the amount of hearings that I attended and preparation for each of them...

 

Any help would be very much appreciated...

 

Thank you, Dookist.

Edited February 23, 2018 by dx100uk
formating

[SuperVillain]

So there's been Judgment but there's another hearing? Doesn't make sense.

 

What is the hearing in March for exactly? I think you need to copy type word for word what the notice of hearing says...