Charging Order Hearing!

fatbelly

Yeah I understand.

I meant that the judge 's suggestion (not mine) of adding that condition was helpful.

I'm not seeing any grounds here for set aside. The op can check this factsheet to see if this applies.

If it doesn't, then the final CO hearing goes ahead. Most judges do grant COs very readily so the op should do anything she can to defend or add conditions.

There's a list of possible arguments in this factsheet

I note that it says 'You should still go to the hearing and if you do not send any written evidence then it is vital that you go.'

also 'If you cannot attend on that date, contact the court for a different hearing date to be arranged. If you do not go the charging order is likely to be made final by the court at the request of the creditor'

then:'If none of these arguments are successful and the court makes a final charging order, you can still ask the court not to let your house be sold as long as you pay monthly instalments.

10past6

fatbelly wrote: »

I'm not seeing any grounds here for set aside.

No disrespect FB but I suspect that’s because you’ve never used OFT legislation when defending a claim.

The links you supplied give no information whether a valid CCA / defective default notice / unlawfully termination of account can be challenged, which they can as per OFT legislation.

If a creditor wants to use legislation when applying for a CO, then they must abide by the correct legislation.

There is an official format which states the way certain documents must be laid out, if the document fails in any way shape or form then the claimant cannot expect to proceed onto the next level in the chain.

I know of 2 cases personally where defective default notices have been used in a defence, I recommended the above in one case, only for the claimant to lose because they’ve not followed the correct legislation.

tasha999

Thankyou all so much for your posts and advice.

I will post up the default notice (I don't have scanner at the mo so it'll take me a while!) I just hope it's the right thing!
Here goes.........

Account Number: ********************
Balance: £6311.50

This default notice is served in accordance with section 87(1) of the Consumer Credit Act 1974.

Notice is hereby given that, in accordance with clause 4 of your agreement with Northern Rock PLC, monthly payments to your account stated above have not been maintained and an arrears amount of £119.64 is now outstanding.

You are required, within 14 days of this notice, to remit direct to Northern Rock PLC the full arrears amount stated.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT WILL BE TAKEN IN RESPECT OF THE BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

Steps will be taken to register this default notice with the credit reference agencies in 28 days time.

Action will commence to recover the full balance of the account together with the interest charge. This could involve court proceedings for which the court costs and legal fees may be payable by yourself.

IF YOU HAVE ANY DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTCE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE, FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU.

SHOULD YOU HAVE ANY FURTHER QUEIRIES, PLEASE CALL ME ON ****************


This notice was sent on 23rd July 2008.

We received the CCJ proceedings around October. We offered to pay £60 a month ( which is just short of £20 from the actual payment!) They objected to this and requested the full amount. We have kept up regular token payments since July of last year. (we were paying token payments of £50 until October, then dropped this to £10)

I really don't understand how this all works! but the application for the charging order states that "The judgement or order did not provide for payments by installments" There is a box checked next to this.

I don't understand as we did offer to pay the £60 a month!



Help!!

RAS

Hi

Unfortunately you did not defend the original CCJ or get it transferred to your local court. Either at that court hearing or at a second (redetermination) hearing NR successfully applied for a forthwith judgement. You really needed to have stopped that happening.

You cannot pay installments on a forthwith judgement, the whole lot becomes payable immediately.

This is how the NR staff getting their bonuses are "recapitalising " NR.

tasha999

This makes me really mad, because we heard nothing from when we sent back the CCJ claim form, until we received the forthwith judgement. I wasn't even aware there was a CCJ court hearing, NR have also recently sent us a forthwith judgement on the second loan we have with them, and again i have received nothing!
How can I defend or even stop that happening?

10past6

Going on what you've typed, you can apply to have this set aside as they've not complied with legislation.

However, in order for me to give you a 100% opinion, I need to view the actual default notice, can you post it up and remove your personal details?

tasha999

I will try, I can use my sisters scanner. Bare with me!

10past6

tasha999 wrote: »

we heard nothing from when we sent back the CCJ claim form, until we received the forthwith judgement.

You won't, if the claimant rejects your initial offer, they win by default, a CCJ is automatically granted.

tasha999 wrote: »

I wasn't even aware there was a CCJ court hearing

On the first point of contact, after acknowledgement, there is no hearing, it's an oppourtunity for the defendant to make an offer.

tasha999 wrote: »

NR have also recently sent us a forthwith judgement on the second loan we have with them, and again i have received nothing!

Are you saying you have 2 court cases in progress?

I take it you're dealing with Eversheds?

tasha999

Sorry its a bit small, but if you zoom you should see it!



By tasha999

tasha999

10past6 wrote: »

I take it you're dealing with Eversheds?

For the second loan yes, I am wondering how are we able to stop a forthwith judgement or defend if we don't know whats happening. I did write to the court objecting the forthwith judgement but it didn't get me anywhere.

You don't sound very favourable of eversheds or NR?