Can I get a charging order revoked???

madasaboxoffrogs

Can I get a charging order revoked???

If so, how?

I am requesting a copy of the agreement forms under the CCA - if there's anything wrong with the documents, can the charging order be removed?
Is there any other way of getting it removed?

Thanks.

10past6

When was the CO granted?

Is it an interim CO, or final?

madasaboxoffrogs

Hi, thanks for replying.

It's an interim charging order, and the letter was dated April 2008.

This is a letter from the solicitors handling this saying "As directed by the court, we enclose by way of service on you copies of the interim charging order and supporting application in respect to the above property for hearing on 21st April 2008"

Is this a charging order?

The court agreed that I could pay them £2.00 a month, as i'm not earning at the moment.

Thanks again.

10past6

madasaboxoffrogs wrote: »

Is this a charging order?

Because this was last year, I just need to ask some questions.

Why do you want to challenge it now?

Did you attend court at ANY stage of the process last year?

madasaboxoffrogs

I did'nt attend court - too embarrassed. I dont want to have a charging order on my house - I have no intention of selling, but I am paying the ammount agreed by the court anyway, so would rather keep it at that.

Thanks.

10past6

madasaboxoffrogs wrote: »

I did'nt attend court - too embarrassed. I dont want to have a charging order on my house - I have no intention of selling, but I am paying the ammount agreed by the court anyway, so would rather keep it at that.

Thanks.

In my experience, I doubt you have legal grounds for a set aside application.

At the "Final" stage hearing, you never attended to stop the claim being granted, embarrassment is not a good enough reason for a set aside application.

madasaboxoffrogs

I realise now that embarrasement is a poor excuse - I could have sorted this earlier.
What does "interim charging order" mean - does it go back to court again at some point?
Thanks for your help.

10past6

madasaboxoffrogs wrote: »

What does "interim charging order" mean - does it go back to court again at some point?.

Yes, it goes back to court, but ONLY if you break the agreement.

Judges won't become involved in the emotional side of law, which is why I mentioned embarrassment not being a good enough excuse.

You always have the option of requesting a set aside applicaton, it will cost you £75.00 for the application, but given your reason and lengh of time it's been in place, I don't recommend it.

However, the chioce is always yours in whatever you decide to do.