Charging Order? The myth

eggbox

DAKOTA45 wrote: »

My creditor, whilst threatening to take my home away, has also informed me that he is applying interest of £5.35 per DAY!!

I thought interest was applied at 8% annually..

No the interest accrues on a daily basis on an annual rate of 8%*


*for anyone reading this, Dakota's CO is not for a consumer debt. Interest should not be charged on CO's granted for CCA 1974 debts so make sure you are up on the facts if you are facing a Court claim for such as many District Judges are unaware of this and will often grant interest if the claimant requests it.

DAKOTA45

eggbox wrote: »

No the interest accrues on a daily basis on an annual rate of 8%*


*for anyone reading this, Dakota's CO is not for a consumer debt. Interest should not be charged on CO's granted for CCA 1974 debts so make sure you are up on the facts if you are facing a Court claim for such as many District Judges are unaware of this and will often grant interest if the claimant requests it.

Thank you, Eggbox… such a lot of interest… I suppose I will have to sell sooner rather than later, then. Not ideal, as there won't be enough equity to buy another home and we are too old for a mortgage…

If we sold for the amount we owe to our lender, (£250k), would the creditor make things difficult for us, I wonder? As you know, he has already unlawfully interfered with the sale which would have given us £375k and enabled his debt to have been repaid.

I tried to get our legal expenses insurance to fund a claim against him, but they wouldn't allow it as a previous dispute pre dated the commencement of the policy, even though the interference happened whilst we were insured and remain so.

I took it to the FOS but they thought the insurer was acting correctly, unfortunately.

I have written to the court to try and find out why it has never explained to me in writing why it failed to issue my defence and counterclaim against the FCO, and once more, they have not replied. (All I know is that they are saying I did not pay a court fee and this is rubbish as I am exempt and provided the form and proof of exemption, etc).

I will now have to make a formal complaint about the court's maladministration and will ask for a court transcript at public expense, as I am unable to afford to pay for it.

I have to keep plugging away just because the courts are so useless and dare I say, unfair to LIP's!!

Many thanks… this is a great forum and so many people have been given hope to carry on in what seems like a hopeless situation.

D45

eggbox

Dakota


As I have suggested previously, I would have a word with the Ministry of Justice to explain what has happened.


The Court's are only as able as the people work in them (so not very) so you need to go above them to explain the problem you have encountered and is not being dealt with.

traceydc49

Thank you eggbox, feel a bit more settled now! I need to stop watching certain TV programmes! Your a star! Tracey

DAKOTA45

eggbox wrote: »

Dakota


As I have suggested previously, I would have a word with the Ministry of Justice to explain what has happened.


The Court's are only as able as the people work in them (so not very) so you need to go above them to explain the problem you have encountered and is not being dealt with.

Eggbox… do you think it would help? Should I go right back to the start and the judge who denied me a fair trial on grounds of my hearing disability?

So much has happened since and the web becomes ever more tangled… sometimes it seems as if everything hinges on that first hearing which went wrong…

Thanks for the advice… I may as well give it a shot.

Is there a particular department I should address my complaint to?

D45

DAKOTA45

traceydc49 wrote: »

Thank you eggbox, feel a bit more settled now! I need to stop watching certain TV programmes! Your a star! Tracey

I can't watch those "Can't Pay? We Will Take It Away"… I stick to Judge Rinder…;)

D45

eggbox

Dakota

The MOJ won't get involved with the actual decisions made in court but what you are justified in contacting them about is your local court not addressing the issue of your application being denied when you are exempt from court fees.

I would just address it to the MOJ in the first instance but make sure you send it recorded delivery. I have always found them very helpful and it was the MOJ that gave me the information regarding caselaw denying the orders for sale proceeding on family and primary residences

DAKOTA45

eggbox wrote: »

Dakota

The MOJ won't get involved with the actual decisions made in court but what you are justified in contacting them about is your local court not addressing the issue of your application being denied when you are exempt from court fees.

I would just address it to the MOJ in the first instance but make sure you send it recorded delivery. I have always found them very helpful and it was the MOJ that gave me the information regarding caselaw denying the orders for sale proceeding on family and primary residences

Ok…. I have a Petty France, London address… I feel the court has not followed CPR in not issuing a defence/counterclaim for something as serious as a CO.. the judge should have adjourned when I made him aware just before the hearing… I am entitled to a fair hearing… and that definitely wasn't fair!!

Here goes, then!!:)

D45

JAS2015

Land_Registry_representative wrote: »

JAS2015 - Very strange for the solicitor to advise but not clarify? Let us all know what this other 'hurdle' is and hopefully we can explain a bit more and/or a way forward

Your earlier posts refer to an impending charge on top of the earlier two so is this related in some way or something else entirely?

Handy to know if property still in joint names and you also referred to 'soon to be ex' so any clarification may also help

Hi, yes so the third charge has landed in the meantime. The debtor has been notified of imposing sale and have agreed to lift the restriction on completion of sale.

In addition, this mysterious hurdle has landed that my solicitor won't tell me any further detail on unless my ex allows the information to be shared (when hell freezes over!). From what i've managed to squeeze out of the solicitor, its come up during the final land registry search, its not a charging order/restriction or a caution and it's something that very rarely comes up....so basically I am still in the dark! It needs to be resolved before the sale can complete. No wonder they say house sales are so stressful!

eggbox

JAS2015


I'm afraid your Solicitor is talking nonsense. Whatever is on the Land Registry records is easily accessible by yourself (and any other person searching the records) so there is no requirement to keep these details secret.


So I would advise him/her of this and state you will have to take the matter up with the Solicitors Regulation Authority (as you are paying him/her for their services) if they don't reveal the problem?


And as I said, you can download a copy if your deeds from the LR website for a small fee.