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reverse charging order


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hi, sorry if am in wrong place, my daughter wants to know if she can reverse the charging order on her property due to her husbands borrowing money from his landlord.

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:???:  I think you are going to have to expand.....

 

Topic moved to General Legal Issues Forum.

 

Andy

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OK, it all started in 2016 when my sil borrowed the £20k to renovate the landlord premises he was renting for his businesses to improve the image,  unfortunately it didn't last long after spending the money and the business closed down.

 

sil agreed to pay back the loan with in 12 months. unfortunately he couldn't pay the money due to no work. then he took him to court but my sil did not go as he was scared and dint tell no one.

 

it was only highlighted when they got charging order on the property, they tried to appeal but it was declined as it was after 14 days. it was decided the court he had to pay £1000 a month, when he looked at the dept it was for £38000, after the query the claimant said it was for rent and utilities bills. 

 

he asked the court to reduced the payment and the court told them to contact the claimant and ask he can reduce the payments as it was decided in the hearing. after talking to the claimant he reduced the payment to £500 pm.

 

but he is still struggling to pay. both of them now worried of loosing home. looking back the landlord never said anything about bills which was £15000.[ he never gave him the lease at the time as it was word of mouth and trust].

 

also most interesting thing came up as the company closed in January 2017 and utilities bills were added on that company after january which was never paid but added on to my dept..

 

they have been advised to report to police for fraud. can they report this and what can they do to reverse the charging order. thank you.

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Still trying to decipher this ...so who did Son in law borrow the £20K from ?

Who took him to court ?

How much was the initial default judgment for ?

 

Andy

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Your Son in Law borrowed £20K from his Landlord to renovate the Landlords own property..wow I bet the Landlord thought Christmas had come early.

 

With no Tenancy agreement in place and your Sons in Laws business failed and the Landlord issued a claim to retrieve his loan plus the previous tenants utility costs which were left unpaid.

 

Was the court claim for £20k or £38K ?

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the problem is his company seized January 2017 and the utility bills was added on after the closer of businesses. on that bases he wants to report to police as fraud.

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Which all should have been challenged at the time the claim was issued and defended.

 

Quote

then he took him to court but my sil did not go as he was scared and dint tell no one.

 

 

What date is this judgment ?

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Options are :-

 

Set a side the judgment because of the incorrect amount claimed.

Submit a n245 and reduce the payment further.

 

You cant remove the charging order unless you set a side the judgment and defend it successfully.

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No ..its a civil matter...he either accepts the full £38K as per the CCJ Order...and submits the above to make affordable payments....or he sets it a side using the N244 and defends the claim to get it back to the correct figure of £20K

We could do with some help from you.

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if you win the set aside, it resets everything back to as if you had just received the initial claimform, for want of a better simple description.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 months later...

hi, just up to update regarding the charging order. 

 

my sil filled the n244 form for the claim to set a side and the hearing took place via phone conversation,

 

unfortunately the claimant didn't turn up so the case is now transferred to burnley court at a set date will follow,

 

sil was told to file his defence and in the mean time the charging order stay.

 

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