Application for charging order? PLEASE HELP

[rich2644]

Hi all. I really hope you can help me on this please. I got a letter from the Northampton County Court stating that.

 

On ** May 2007, District Judge ****** considered the application of the claimant ('the judgement creditor'), from which it appears:

 

a) a judgment or order given on ** March 2007 by the Northampton County Court in claim no. ********, ordered the defendant ('the judgment debtor') to pay money to the judgment creditor;

 

b)the amount now owing under the judgment or order is £6,994.28 (including any interest and costs); and

 

c) the judgment debtor is the owner of, or has a beneficial interest in the asset describedin the schedule below;

 

and the court orders that

 

1. The interest of the judgment debtor Mr **** *** in the asset described in the schedule below stand charged with payment of £6,994.28 together with any further interest becoming due and the costs of the application.

 

2. The application will be heard at 2:00 p.m on 28 June 2007 at **** County Court when a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged.

 

AND IT IS ORDERED THAT

 

The Judgement Creditor shall serve the judgment debtor, mortgagee(s), (CPR73.5)

 

The Schedule

 

The address of the land or property charged is *********** the title to which is registered a H.M Land Registry under Title No. ******

 

 

_____________________________________________________

 

PLEASE HELP. I've had this letter for about a month. This is the first I know about this charging order. I need to know:

 

1. Has the charging order already been made?

2. What is todays hearing for exactly?

3. Can I stop the charge against my property?

 

I hadn't heard about this debt for nearly 5 years until this. I asked for a settlement figure twice 5 years ago but they never got back to me. The car is still on the drive rotting away. I don't use it anymore.

 

PLEASE HELP. The hearing is today. I'm getting married next month and need my equity that's in my house and this will take most of it away. I'm running out of time. Please help.

[make them aktiv runners]

My guess is that in March they got a CCJ, in May they got an interim charging order and today they are going for a final charging order. Did you attend any of the court hearings?Why have you removed your February posting?

 

The CCJ will make it difficult for you to obtain another mortgage so you are less likely to be moving in the next 6 years at least. The equity is usually only released upon sale but you can come to some repayment arrangements before moving anywaywhich will release the charge.

 

I cannot see how you are going to be able to stop anything at this late stage but maybe some-one else has ideas?

[renegotiation]

Are you intending to attend this hearing?

[rich2644]

Hi, thanks for your replies.

 

Well I can still get a 80% mortgage with the CCJ which is why i need the equity. I'm getting married in August and we're both selling up and with the equity getting a house together.

 

Yes I'm attending the hearing but didn't attend any of the others.

[renegotiation]

Looking at these threads may help you.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/98642-charging-order-help-needed.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/99115-1st-credit.html

 

I'm really no expert on this stuff. I think what's done can be undone in theory though.

[Laiste]

Hi Rich,

 

You need to attend the hearing absolutely! You also need to come up with some really good reason(s) why you didn't attend previously. You didn't receive any correspondence perhaps??? You really need to look at having the CCJ set aside, on the basis of the agreement being faulty in some way. I realise you probably don't know if it is or not, but essentially you are trying rewind the situation to give yourself a chance to defend the claim. The big problem you have however, is that the Judge is going to want to know why you didn't respond to the claim. Ill health of someone very close in the family perhaps? Maybe you have been ill? I'm clutching at straws here.... I really wish you hadn't sat on this letter for a month! It's not exactly giving us enough time to sort out your strategy!

 

You need to be able to account for your actions credibly, in not defending the case and not attending the hearing(s), so that the Judge will sympathise with you. What you are seeking based on the reasons you come up with is the CCJ set aside and the opportunity to defend the claim. You have really created some problems for yourself here in terms of the hurdles you are going to have to jump! Remember to refer to the District Judge as Sir at all times and make sure you when you are asking for him to do/or not do something, you ask in a deferential manner. Things like, "Respectfully Sir, I would like to ask for....." An adjournment wouldn't be a bad idea so that you can prepare, but again the Judge will ask why you're not prepared already seeing as you've had the letter since.....

 

This is not going to be easy at all, I just wish you hadn't left it! Best of luck later today!

 

Laiste.

[renegotiation]

Yes, a bit late for a stategy! Still, better late than never :-0. Pick a plan and run with it. And even if they get the C.O. it is still reversible I believe.

[rich2644]

Thank you for your replies. You really are a great help. I do spend 5 nights a week in Leeds with my soon to be wife. Might this be a reason for not recieving the court letters?

[rich2644]

Oh and what's the chances of the solicitors for this turning up? They're from Nottingham. Do they often not turn up? Would it help my case if they didn't?

[Laiste]

It might be better if you say that you have been living with your fiance in Leeds and have returned infrequently to your address (during the period the CCJ, Crt letters, etc were sent). This explanation is only going to work if you don't have a job at the moment, so in effect your ties to the place where your property is, are not that strong, apart from the house.

 

The Judge may try to catch you out so if he asks how you pay all your bills you need to say by DD and SO. He may even ask who looks after your property, you should say a couple of friends keep an eye on the place. If asked why you haven't re-directed your mail/or got it sent to you, you might want to say you just hadn't got round to it, you have been pre-occupied with your relationship! Lets hope the young and in love (and a bit absent minded) gets you the sympathy vote! I can't obviously flesh out all the details for you, but you get the idea. Young and in love, abrogated your responsibilities, terribly sorry for the inconvenience etc...Lets hope the Judge is in a good mood!

 

It's hard to say if they will turn up, but I would advise getting there for 1.45pm. If they do turn up, their sol might want to have a brief chat with you. Of course, dress smartly to create a good impression.

 

You are going to have to say you have behaved foolishly in not checking your mail but that you have definitely learned your lesson. Contrition and acknowledging you have made a mistake will help you. I am going to keep my fingers crossed that it does enough to stop you getting the C/O.

 

Regards,

 

Laiste.

[rich2644]

Hi. I've just got back from the courts. The court was closed due to flood damage and all cases are adjourned. I will be recieving a new date in due course.

 

Does this give me enough time to scrape a case together to even get rid of the CCJ too?

 

Can I get rid of a CCJ once it's been posted or is the best I can hope for to stop the charging order?

[bed32]

That's one bit of luck at any rate.

 

It is possible to get rid of a CCJ but you will usually have to come up with a pretty good reason for why you did not respond at the time and even then I think it can be hard if you cannot show that you have/had a reasonable chance of defending the action.

 

The experience of this forum should help you with the second part - in other words finding at least one element of the alleged debt (if not the whole thing) that is not enforceable however explaining why you didn't turn up may be harder.

 

The other way to get rid of the CCJ is to agree with the creditor to have the judgement set aside in return for settling the debt. They don't have to agree to that but I think most will if they see it as a way to get their money quickly with little fuss. Note my knowledge of the practice in that area is rather out of date so I would check with someone with more recent experience whether the courts still usually allow that.

[rich2644]

Hi, thanks for all your advice. Here's a little update for you. I've telephoned the solicitors that are dealing with the case on behalf of the creditor and tried to settle the matter without it going to court and getting a charging order. I offered £1000 pluss £100 per month and she said that they wasn't interestd and that it was still going to court.

 

I did ask the solicitor if I could have details of the creditors taking control of the debt (I think she called it a Deed of Assignment or something) and that she would let her clients know and they would get it in the post to me. What is this Deed of Assignment and what does it mean? Is it relevent? My case is on the 20th July, will I get in time?

 

I'm totally lost now again.

[rich2644]

Another update!

 

I sent off a N244 form and the hearing to set aside the CCJ is to be heard at the same time.

 

Any advice on what to do or say or apply for would be really appreciated.

 

Richard

[rich2644]

Hi there, just to update this case, yes I know it's an old one but it's just bit me on my bum!

 

The case was adjourned due to the flooding all those years ago. I turned up, gave them my name to the court gentleman and after waiting till I was last the gentleman asked me my name and they saw the case without me, even though I was there. They said I could apply to have it reopened due to it being their fault but i never did anything about it. The plan was to come to some arrangement and pay it off but I thought they can have their £6,994 when I sell the house.

 

It's all just caught up with me. I've just received a call from Mortimer Clarke saying that it now stands at over £12,000 with interest of £57 going on every month.

 

Oh god I've got myself in a right old pickle here. All for a debt that is now 10 years old. Is there anything I can do? Is it too late to have it reopened due to the fact that it was the courts fault for not seeing the case with me present? Will they still even have this fact that it was their mistake from all those years ago? This is the 1st I've heard from them since 2007. Gutted

[rich2644]

oh and as it is the courts fault is there any way of having the original debt of £6,994 restored?