Charging Order...............We won!!!!!!!

Useless_with_wonga · 21 September 2009 at 5:22PM

As you probably know from my previous ramblings we were in court today regarding a final charging order application made by our biggest creditor.
We were nervous about going to court..........very nervous as were all the people we saw coming into court in the same boat as us,anyway I digress.
The court clerk was very nice and told us that the duty solicitor was in court to offer free advice. We did not know about this prior to attending but felt we had a good case and certainly held the moral high ground and opted to liase with the duty solicitor.....well as it was free it would be daft not to wouldn't it.
To our surprise he came into court with us and refering to us as his clients he outlined our case to the Judge who as it happens was also very nice.
Our creditor had sent any agency solicitor and had not really briefed him on the case and I confess to feeling a bit sorry for him as he was unable to counter or offer any explanations to the Judge in regard of the papers,letters,matters etc that we produced/raised in support of our case.
I had to answer some questions from the Judge and I also found the courage to raise issues with him that we felt particullarly aggrieved with. It helped that he was nice and receptive to discussion.
The Judge gave the matter a lot of consideration but eventually stated that the creditors case was in his opinion ambigous and contradictory. He stated that even if he had misinterpreted the creditors case he was permitted to use discression and felt that our monthly payments were of a substancial amount and as such he saw no need to award a Final Charging Order and as we were paying by installments as per a previous Court Order on which we had not defaulted he dismissed the interim Charging Order and declined the creditors application for a Final Charging Order.
Thanks to all on the boards that helped and offered support and advice was not hopeful prior to going into court but it appears that common sense does sometimes prevail.

smoty · 21 September 2009 at 5:29PM

hello, i'm new to posting -first time today- though not reading and thought this time I would not read and run but congratulate you on your victory :T

GeorgeUK · 21 September 2009 at 5:34PM

Great result - well done!!!!
:T:T:j:beer::j:T:T

Tixy · 21 September 2009 at 5:35PM

Excellent news and very glad to hear that the duty solicitor and the judge listened to what you had to say.

mummum2 · 21 September 2009 at 5:40PM

Great result! well done, good to hear that there are some sensible judges out there.

true27 · 21 September 2009 at 5:50PM

Fantastic news! Well done!!

Useless_with_wonga · 21 September 2009 at 5:58PM

Hope that others can find some comfort/hope in our experience. I have to say I just assumed we would lose without question and the court hearing was a mere formality.
Still I felt we had nothing to lose by attending and putting our case to the judge despite the daunting prospect that it was.
I held little hope of being heard but to my surprise I found that to be far from the case. Maybe we dropped lucky with the Judge I don't know but he was no funny duddy. He was as expected very learned and did give the matter his full attention including what I had to say.
Other than having to boot the Mrs under the table so that she did not open her mouth at inapproprite times:rotfl: it was not the trauma I expected it to be.
I think even the duty solicitor was somewhat surprised that we actually won.
So my advice would be attend the hearing stay calm show the judge due respect speak clearly and make sure you outline your case. Don't be afraid to interject where appropriate if the Judge seems confused by the order of events and explain it to him so that he understands.
Stay quiet whilst he is summing up:rotfl: If you win retain your dignity and composure, don't kiss him on the forehead and start dancing around the court room no matter how much you might feel like it:rotfl: