charging order on my home.

shinyhead

Who were you dealing with to change the hearing to local court? Have you had court paperwork to confirm this?

itsnowtime

Hi Paddywack

Just offering my support...

I'm in a very similar situation to you... I received a letter from LR informing me of an interim charging order on the property - however I then didn't receive anything from the court re court dates etc...

I spoke with the people who are applying for the charging order and they sent through details of the court date and their application. I was unaware of the advise that you have been given here re filing a defence but I realise that I should have done that now and do go to court and fight like crazy!

So.. I turned up at court with my defence - proof that I had not defaulted on the CCJ and also questioned the outstanding balance etc... The judge hinted that as I've not defaulted I shouldn't receive a charging order and I had proof that the payment had been made. She also mentioned that they needed to address the outstanding amount etc... I gave the judge and the agent acting on behalf of this company a copy of my defence. The Judge then adjourned the hearing for 2weeks so that we can sort out the outstanding amount etc... and the fact that the agent didn't have all the information he needed. So I have today received information regarding another court date which I will definitely be going to..

I was just wondering if anyone could advise whether it would be a good opportunity to now write my letter of objection and send to all people concerned - even though I gave them a copy at the hearing?

Good Luck...

shinyhead

INT,
If there aren't any changes to the letters you left at the court then IMHO it probably isn't necessary.

paddywack20

Hey Shinyhead,firstly let me say thanks for sticking with me on this post,it is helping me no end.
I dealt directly with the court ,that the hearing was going to be originaly held.
I sent them a fax requesting a transfer of my hearing to a court local to me,with my reasons for asking this,they replied yesterday ,saying that now my case has been transfered to my local county court,upon which a new hearing date should follow.

Still dont know why LR hasnt sent me a letter about the interim order.

Thanks for your support itsnowtime much appreciated.
Its a very stressful time,and i find it hard to cope with.

shinyhead

Gotta admit I'm now a bit stumped!

Only thing I can suggest is try LR again in morning as you posted and if no joy contact your previous court for any advice. On the interim order there should somewhere be the name of the judge that granted it. The court should have a record of this and they should be able to confirm. Ask them to confirm in writing.

I think it's an admin screwup and so to cover your back send off your objection letter with a letter explaining why you're doing this with no record on their part and enclose a copy of any letter or fax that you get from the court. Ask them to file it against the deeds.

penguin83

Hi Paddy - it is the up to the claimant to register the Interim with the Land Reg so it could be a case that they havent yet done that which may explain why the LR have no records. The other possibility is if the LR have a backlog of work and it may be waiting to go on the system.

Hope all goes well x x

paddywack20

Just an update guys.
Hearing has been set for 24 th november.
I requested a copy of my credit aggreement and account info from the solicitors that are trying to get the CO,i sent them the £1 fee,this is their reply.

Quote:
We can confirm that we have today requested a copy of the CCA that you entered into together with a statement of account and upon receipt of the same we will foward a copy to you.

Please be aware that a recent High Court Judgement held that once a credit agreement has been terminated the obligation to provide a copy agreement in accordance with the consumer credit act 1974 ceases to apply.
Therefore there is no penalty for our being unable to provide the copy credit agreement and,more particularly,the debt remains enforceable to you.

END QUOTE

They had 12 working days in which to supply the CCA,have still yet to recieve it.Was nearly a 4 weeks ago i requested it.

Is what they say correct?
And can i use the fact they cant supply the CCA,in my favour ,in court?

Thanks.

(ready for a fight)
Paddywack

paddywack20

Its a long time since the hearing and sorry for my very delayed posting.
But the hearing was thrown out in my favour.A late CCJ payment buy only a few days did not warrant the creditor to file for a CO.
I came out feeling victorious and a big "V" sign to the creditor.
Any questions about my case that i can advise on ,please ask.

Thanks to everyone that helped.

Fire_Fox

::beer::beer::beer::beer:

moneybuster

hi all read it http://forums.moneysavingexpert.com/showthread.html?t=1839539&highlight=charging+order+myth