Charging Order? The myth

DAKOTA45

Hi EggBox

A little light at the end of the tunnel… finally a response from the Court!

Well, they have admitted messing up… (see below)...just wondering what the next step should be… possibly a transcript of the court hearing to see what exactly the judge said… I missed bits and pieces due to my deafness…

Perhaps I will be able to make an application to set aside the FCO whilst it is sorted out.. although they now have TWO of them… Pfft!!!

At least the Court should have adjourned and heard my defence/counterclaim, rather than allowing the FCO to go ahead…

Will keep you posted… D45

XXXXXXXXX County, Enquiries <enquiries@xxxxxxxxx.countycourt.gsi.gov.uk>

17:03 (15 hours ago)

Dear Mrs XXXXX

Thank you for the below email, I have now had a chance to investigate and can see from the file that you did send us the correct letter in order for us to process your fees exemption, for this I apologise and I have reminded my staff that any paperwork of this kind must be dealt with urgently. I have found the counterclaim that you sent into us and can clarify that this was on the file for the hearing. I would also like to apologise for the lack of communication that we gave you during this time.
Please contact myself if there is anything I else I can help you with.
Regards

Mrs XXXXX
Civil Section Team Leader
The County Court at XXXXXXXX

DAKOTA45

I'm thinking I need to make an application to set aside the final charging order re CPR Part 73.2 (c) & (d)… (and also under article 6 ECHR as I did not get a fair hearing), but do I need to ask for a time extension, I wonder? It has taken the court a year to let me know it messed up...

DAKOTA45

No time extension needed, apparently, but an explanation of why it has taken me so long to ask for set aside…

Well, that's how long (more than a year) it took for the court to apologise and admit to its errors… so not my fault!!

What I find really odd is why the court told the JC's solicitor (who seems to be on first names terms with the clerk) that I'd not paid the court fee (which they then used against me to get the court to strike out/dismiss my defence)!!

Why would the court be discussing with the other side whether or not I'd paid a court fee?

Why, if I hadn't paid it, and knowing that I'd entered a defence, did they not inform ME instead of the long silence, despite my numerous attempts to find out what was happening?!!

Something is definitely not right here….

fermi

Haven't read through properly, but could be of interest to eggbox et al

http://www.bailii.org/ew/cases/EWHC/Ch/2015/3325.html

DAKOTA45

fermi wrote: »

Haven't read through properly, but could be of interest to eggbox et al

http://www.bailii.org/ew/cases/EWHC/Ch/2015/3325.html

Oooh!!! Thank you… I'm sure it will make excellent bed time reading!!;)

D45

fermi

It'll send you to sleep, anyway.....

DAKOTA45

fermi wrote: »

It'll send you to sleep, anyway.....

ZZzzzzZzzzz….zzzzzz…. eh?!

eggbox

fermi wrote: »

Haven't read through properly, but could be of interest to eggbox et al

http://www.bailii.org/ew/cases/EWHC/Ch/2015/3325.html

Thanks for the link Fermi.


The first thing to say is the case isn't concerning a CCA loan/credit card debt. As I've said before, this thread isn't demonising all Charging Orders only those where creditors have gained pursued them after receiving high rates of interest on an unsecured loan.


But the ruling seems reasonable in the circumstances but in the ruling it describes a Charging Order as creating an equitable interest in property? But this only happens when the property is solely owned, it doesn't occur when the property is jointly owned?


And it would be interesting to see what LRR says about how the CO would be registered on the deeds?

eggbox

Dakota


You need to make an application to set aside the Judgement as the Court obviously messed up your counterclaim. Hopefully it should be a straight forward process given the Court has now admitted this.

tasha999

Need a little advice regarding our charging order... Hope it's ok to post here!
We've been repaying around £40 a month on an nram CO since 2009, we've since cleared all our other debt! but still paying the £40 each month as suggested at the hearing (currently trying to save up to hopefully pay it off in full) I've received a statement of means form today from Mortimer Clarke. I'm a little unsure of how to proceed? I'm worried that, after looking at our income and expenditure, they will make make us pay a lot more than we currently are each month. We have finally reached a time where we thought things were looking good (in regards of saving etc). We looked at the CO as part of the mortgage payment until we can save enough to pay it off. We currently owe around £3500. Any advice would be greatly appreciated thanks.