charging order on my home.

shinyhead

You need to put your objections in writing and send them back to the solicitors who are trying to get the CO and the court. You also need to send a copy to the land registry that issued the interim order. There will be a date to get that one back by in the LR paperwork. Send all of them recorded delivery at least.

You need to list all of the objections that are in the factsheet on the National Debline website that fermi posted the link for.

Your biggest defence is that you are not in arrears. Obviously don't forget to quote MC V Ellis 1987. You should make a list of dates and amounts of payments made from your bank account. Stress that these are by standing order from your bank. Take your statements with you when you need to go to court but I wouldn't bother sending copies at this time.

You should demand that the solicitors furnish proof of the late payments by itemising all payments made. A payment or two a couple of days late shouldn't be sufficient grounds for a CO, particularly as it could be the banking system to blame. If the date your SO should go out of the account falls on a weekend then it will go out on the next working day. You might want to look back over your statements to see if that's the case on these two 'late' payments.

In my opinion this is a trick by them to get a CO. Some judges seem to award one no matter what. If there is no ready explanation for the late payments then mention the possibility of an error on the part of the solicitor's bank, or even hint that they've lied to manipulate the system.

paddywack20

Maybe a silly question ,but when putting forward my objections of the pending CO,to the courts ,in writing,who would the letter be addressed to ,IE judge,(not where to)but the person intended.and how would i address this person.
as i have never had to do this before,im a bit unsure to the procedures.

Thanks for any advice given.

shinyhead

I can't quite remember actually who but I think it's explained in the paperwork that came with the interim order.

Look at the info that fermi posted earlier.

paddywack20

shinyhead wrote: »

You need to put your objections in writing and send them back to the solicitors who are trying to get the CO and the court. You also need to send a copy to the land registry that issued the interim order. There will be a date to get that one back by in the LR paperwork. Send all of them recorded delivery at least

My objection letters are ready for posting.
I will send one to solicitors,but the land registry copy,would that go to the courts
where the hearing is to be held.? so the judge can look at it.

thanks for any replies

shinyhead

Sorry if I've misled you Paddywack,

You need 3 copies, 1 to the sols, 1 to the court and 1 to the LR

paddywack20

Had the hearing relocated to courts closer to me,objection letters on there way,and requested original credit agreement and up to date account from solicitors.
Am building a portfolio in our defence,lets hope it works.
Will keep you all updated.
PS,after requesting original credit agreement from solicitors and up to date accounts they have said that they dont need to ,will post reasons in next post

paddywack20

Strange........?
Have contacted local land registry office about sending them a copy of our objection to the CO being placed on our home.
They have nothing on record to show that an interim order has been placed.
How can this be?
Does the solicitor asking for charging order need to obtain an interim order before they can apply for a Final Charge?
LR said that sending them an objection letter at this stage would be pointless as there is nothing on computer for me to object to.

shinyhead

Yes, an interim order must be obtained before a final order can be made.

Weird this.

Did you get the interim order from both the sols and the LR or just the sols?

What is the address of the LR on the interim order you have? Does it tally with your local LR?

Have you rang the court to confirm the date and time of the hearing? If not I suggest you do this tomorrow ASAP.

Up til now have you only been communicating with the sols?

paddywack20

Got interim from sols only,and no address is listed to show the LR office.
No correspondence from LR at this stage.
Only correspondence with sols,is to ask for copies of credit aggreement and up to date accounts, with the
enclosed £1 fee for this.
Transfer of hearing to local court has been confirmed ,but no date has been sent to us yet.only got confirmation of this yesterday.

paddywack20

My bad
Have found an office listed in the "official copy of register of title" that is in my locality,
but the man i spoke to at LR ,(general enquiries) said ,nothing was on system.
But this was out of office hours,may need to speak to them during 9-5 hours.