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    • If he was paying a Solictor by the hour I'm sure he would be more engaging....we offer this service free of charge in our own free time.   He needs to engage and fast.   Defence due Friday 11th Dec by 4.00pm   .
    • Applying for a charging order involves two stages: the interim charging order and the final charging order. Interim charging orders If your creditor decides to apply for a charging order: Your creditor sends a form to the court along with proof from the Land Registry that you own, or jointly own, your house If the court agrees that you own a share of the property and a charging order is allowed under the rules above, you'll be sent an interim charging order on form N86 and a copy of the creditor's form N379. These show the reasons they've applied. This is also sent to your spouse or civil partner, any other joint owners of the property and your mortgage company or other secured lenders A restriction will be placed on the Land Registry, stopping you from selling your house until the final charging order hearing. You will get a form B136 from the Land Registry telling you this has happened. You don't need to reply to this form The interim charging order is issued without a hearing. If you do nothing, a final charging order will be issued 28 days later. If you want to object to the final charging order, you must write to the court and creditor within 21 days of receiving the interim charging order. The court may then arrange a hearing to make a decision. Reasons to object might include: The property doesn’t belong to you, and you are not entitled to a share of any equity in it The CCJ happened before October 2012 and you’ve not missed any instalments set by the court The creditor has not followed the application process correctly, for example they’ve not informed your spouse or civil partner You can also write to ask the court to set conditions on the charging order. One condition that we recommend asking for is an affordable instalment order, if one is not already in place. This is where the court sets a regular payment. If the court agrees to this and you keep up with the payments, the creditor will find it much harder to take further enforcement action through the court. If no instalment order is set there’s a risk the creditor could take further action, for example by instructing enforcement agents (bailiffs) to visit. If your CCJ was date 1 October 2012 or later, an instalment order which is up to date also prevents the creditor applying to force the sale of your home. Final charging orders For the second stage of the charging order process, if you’ve not made any written objections, a court officer or sometimes a District Judge will decide whether to make a final charging order. If you wrote to the court and creditor with objections, or you requested other conditions are applied, the court may arrange a hearing to decide whether to make a final charging order. The hearing will be at your local County Court hearing centre. The hearing will usually be in private chambers with a District Judge and normally a representative from the creditor. The judge will listen to both sides and decide whether to make the final order or not, and what conditions if any are to be applied. Once a final charging order is made, you’ll get a letter from the court confirming this on form N87.   Regards   Andy
    • 100% agree Andy, will try again. TBH, I did expect a little more info from him.
    • Not really ......why .?  But if he can't even remember a small detail such as I've asked like when did he / others start this practice of swiping their own cards then it does not really give me much to work with in any proposed mitigation defence.   Its simple to draft a defence which puts them to strict proof to quantify their losses and prove the amount claimed.   At worse he loses with a much reduced figure...at best he wins because they are unable to prove......but the small details are important and most of all his honesty demonstrated if a mitigated defence is used.   Andy
    • dx100uk,   no he is joint owner.  The interim charge order is already shown on the title register of the property and the other joint owner ( wife ) has been served with the notification papers as per the procedure. 
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Best of Luck Andy - I've just starting the long road with GMAC as well - for charges and an ERC - they have send me a "bog off" letter to my prelim so its off we go with the LBA now. Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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Thanks Jackie

 

you are a little ahead of me.. untill i get my SAR reply im not sure exactly how much the buggers have taken .. but i got stung every month for non DD payments and i missed a couple of payments in years gone by for which i was stung in penalty charges.

so it will be interesting to see exactly how much they have ripped me off by.

HSBC

Prelim sent 1st aug

LBA sent 15th aug

MCOL issued 31st aug

offer recieved and rejected 5 sept

second offer recieved 3rd oct

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Andy

We are taking on GMAC and intend to go the whole way at the moment our case is in the Chancery Court in The High Court where it was sent when we won an appeal against them will galdly give you any information

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Thanks Bona, all help gratefully recieved.

We need to stick together and beat the buggers

They should'nt get away with it!

HSBC

Prelim sent 1st aug

LBA sent 15th aug

MCOL issued 31st aug

offer recieved and rejected 5 sept

second offer recieved 3rd oct

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