Help interim charging order

petunia100

10past6 wrote: »

You can request an adjournment due to xxxx

YES, which is why you're better of having a Judge make a decision, once a Judge has made a decision, it cannot be changed without them applying to the court.

How late can we request an adjournment if they don't arrive?

10past6

petunia100 wrote: »

but don't really understand what to do about those either.

You objection should be based something around this:

"I object to a charging order being placed on the above property that I have a beneficial interest in that I jointly own the said property.

When the property was purchased I solely paid the deposit and I am maintaining the mortgage payments. In the present economic climate and due to the fact there are a number of other creditors we at the present time have negative equity"

10past6

petunia100 wrote: »

How late can we request an adjournment if they don't arrive?

The court will give you a date when the next hearing is available

petunia100

10past6 wrote: »

You objection should be based something around this:

"I object to a charging order being placed on the above property that I have a beneficial interest in that I jointly own the said property.

When the property was purchased I solely paid the deposit and I am maintaining the mortgage payments. In the present economic climate and due to the fact there are a number of other creditors we at the present time have negative equity"

Do you mean in reply to the land registry letter?
So it wouldn't matter that I would be lieing than?

petunia100

10past6 wrote: »

The court will give you a date when the next hearing is available

Sorry, what I meant was how long before the court date would they allow us an adjornment, if the things requested from the creditor didn't arrive?

10past6

petunia100 wrote: »

Do you mean in reply to the land registry letter?

If the claimant insists on pursuing a CO application, YOU have the right to raise an objection to the court.

petunia100 wrote: »

So it wouldn't matter that I would be lieing than?

I wouldn't encourage anyone to lie, especially to a court, the quote I gave earlier can be amended to your own requirements.

10past6

petunia100 wrote: »

Sorry, what I meant was how long before the court date would they allow us an adjornment, if the things requested from the creditor didn't arrive?

If you case proceeds to a hearing, you'll have sufficient time to file a defence, courts at this moment in time are errr a little chaotic to say the least.

petunia100

10past6 wrote: »

If the claimant insists on pursuing a CO application, YOU have the right to raise an objection to the court.

I wouldn't encourage anyone to lie, especially to a court, the quote I gave earlier can be amended to your own requirements.

Thanks for your advice.
One last question, would I raise the objection to the court prior to the hearing or at the hearing?

10past6

petunia100 wrote: »

One last question, would I raise the objection to the court prior to the hearing or at the hearing?

If it gets as far as a hearing, then send it prior.

petunia100

10past6 wrote: »

If it gets as far as a hearing, then send it prior.

Thanks again. You've been very helpful.