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Charging Order Hearing!
tasha999
Posts: 158 Forumite
I am unable to attend the hearing, due to work, childcare and traveling! The court is about a 2 hour drive away. I am unsure what to do. It is next Wednesday, I wondered if it is possible to write to the court stating our defence, we are just entering a debt management plan with CCCS, we are in negative equity and have many other creditors. I just worry that they will agree something at the hearing that I wasn't aware of. Any advice will be greatly appreciated.
Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.
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Comments
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Is this the 1st hearing?Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
It's the first I've been given a date for, the letter states.....
It is ordered that as a result of an order made on the 25th November 2008 and the claim being transfered to ....... county court
1. A hearing has been assigned for.... date
2. The interim charging order is to continue until further order.
So, I'm not sure if this is the first!Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.0 -
This will be your 1st hearing.
The claimant has "Won" on the first leg by being awarded an interim charging order.
In order to stop it going any further, you must at any cost attend the hearing, if you fail to attend, or inform the court well in advance you cannot make the date, then the claimant will win by default.
Some questions for you, did you received a default notice from the creditor, before court action?Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Yes, I've received a default notice, a few I'm sure! I can't keep count at the minute.
Do you think we're too late to inform the court then? I really cannot attend next week! I work in a school so I find getting time off in the week very difficult
, especially since I haven't spoken to anyone about my predicament. Is there no other alternative to attending? Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.0 -
You can make a written submission and it will be read by the judge. But I agree with 10past that it is always best to be there in person. Judges are human (well, most of them) and they react positively to a defendant who turns up.
Do you want to run the full defence past us?0 -
The choice is yours whether you attend or not, the problem you're going to have is, if at any stage you wish to challange what's taken place, the courts will want to know why you didn't attend the hearing?Is there no other alternative to attending?
Having any judgement "Set Aside" is much easier in the early stages, the longer it's left the more difficult it is to fight.
One question, can you post up the default notice so I can check to make sure it complies with the correct legislation?
As your hearing is next Wednesday, I doubt you're going to have anytime to submit a defence as it normally has to be in 7 days before the hearing, if you can post up the default notice asap, I'll confirm if it's grounds to apply now for a "Set Aside" which may give you some breathing space, again tho, that depends on the default notice.
*This board moves very fast, if you do reply, please PM me to draw my attention to your thread*Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
As your hearing is next Wednesday, I doubt you're going to have anytime to submit a defence as it normally has to be in 7 days before the hearing,
This is true (hadn't noticed the timescale). I think it's actually in the Charging Order Act that defences have to be in 7 days before the hearing. So the claimant could object to written evidence being considered. The judge might still take account of it. But you'll be a lot harder to ignore if you're there in person!0 -
As I mentioned, depending on the default notice, you can still apply to have your case set aside, if you do, providing you get your set aside application in before Monday you may still have your hearing on Wednesday postponed, I'm aware of a case where the defendant submitted a set aside application 48 hours before the hearining, the set aside was granted.The judge might still take account of it. But you'll be a lot harder to ignore if you're there in person!Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Sorry if I confused you ... the setaside relates to the ccj on which the CO is based so that can happen at any time.
It's the defence to the CO that should be lodged with the court and claimant seven days before the hearing.
Are there any grounds for set aside? Or should the op just turn up and make the points in post #1?
It would be useful to get conditions attached if a CO is made - the judge at one I did just before Christmas was quite happy to add 'no order for sale to be applied for while the defendant pays £30 per month'. I thought that was helpful.0 -
You're very helpful FBI thought that was helpful.
The point I'm trying to get acorss to the OP, if the default notice is defective and they've terminated the a/c, then those are grounds for a set aside.
In order for the claimant to take the action they have done, they must comply with official legislation every step f the way.
If they've failed at any stage, then the claimant cannot move onto the next stage, which is what they've done here.
So, the OP needs to apply for set aside now, that way, defending the CO claim should not be required, because the initial claim will be dismissed, providing there are grounds in the application.
Hope that makes sense.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0
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