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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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Hi.

 

I've added some spacing into your post.If you could post in paragraphs it would help please, it makes it easier for the advisers.

 

HB


Illegitimi non carborundum

 

 

 

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thank you honebee13

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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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the sil landlord, it was for £20k plus he added £18k for rent and utilities bills.

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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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it was £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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it was in june 2019.when the claimant got the judgement.

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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.


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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ok thank you, ill tell him to down load and fill the form and send it.

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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

 

If you want advice on your thread please PM me a link to your thread

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thank you very much for your help. can he not report to police for wrongly claiming for utility bills

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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.

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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ok thanks very much. need him to get the form filled in soon.

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one more question if the ccj order is set aside will the charging on property stays or does the claimant has to apply again.

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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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