Charging Order? The myth

eggbox

tasha999


It's a routine fishing exercise by MC to gain a higher repayment to get the debt paid quicker. Simply write a polite note to MC and explain that the £40 per month is all you can currently afford but you will update them if your circumstances change.


Do not send an I&E form as MC have no legal right to one. There isn't a cat in hell's chance they would ever take you back to Court so don't get intimidated by any subsequent "further action" nonsense they might send.


You are repaying at a very reasonable rate and especially as a lot of people with CO's pay nothing back and creditors still don't pursue them through Court.

tasha999

Thank you for your reply I was thinking that they had already taken us to court and we've done everything the court has told us to! It was just depressing to get the form, thought we were past all that

eggbox

tasha999 wrote: »

It was just depressing to get the form, thought we were past all that

This is what they are trying to achieve so understand that and don't fall into their trap.

harisumo

I also have an old debt with Northern Rock since sold on to the same people, I haven't paid them anything to date as they ignored my offers of payment. Recently, however, Mortimer Clarke wrote to me again out the blue with an offer of a 30% discount for a full and final settlement. I can't afford any full and final settlements at the moment but that is a road I would consider going down if we sell our house in the future and I would offer them far less than that in the first place knowing what I know now.

DAKOTA45

Pffttt!! Someone on another site is saying that I can only 'object' to a charging order and can't counterclaim against it…
That's crazy… the JC lied to my purchaser, saying that my septic tank is leaking, then threatened to sue them for damages if they went ahead with the purchase.. His interference has cause me economic loss and has to be against the law, surely?!!!

eggbox

Hi Dakota


They are, technically, right as the counterclaim would be against the original Judgement made. So you need to get your claim correctly filed as the Court won't help you with this and will just chuck it out if it's not a "valid" claim.


So you need to apply for a set aside of the original Judgement (form N244) on the basis your counterclaim was, incorrectly, denied by the Court.

RMS2

eggbox wrote: »

A big factor is whether or not the CO is attracting interest.

I think it may be of interest to people who read this thread, how exactly would they know if they were being charged interest or not?

I have heard this before and often wondered, it has now bugged me enough to ask, as I am sure there are people out there that don't even know this and the debt could be stacking up.

DAKOTA45

eggbox wrote: »

Hi Dakota


They are, technically, right as the counterclaim would be against the original Judgement made. So you need to get your claim correctly filed as the Court won't help you with this and will just chuck it out if it's not a "valid" claim.


So you need to apply for a set aside of the original Judgement (form N244) on the basis your counterclaim was, incorrectly, denied by the Court.

Hi Eggbox…

Yes, I've been told that hearings for Charging Orders are merely rubber stamped and the debtor doesn't have much say… but if a person to whom you owe money acts in such a way that causes you a substantial economic loss, what on Earth are you supposed to do, just let them get away with it and allow them to carry on?!

His interference was a criminal act in that he not only lied about my property to the purchasers, but also threatened them with legal action if they went ahead with the purchase. He effectively prevented me from settling the debt!

He only 'won' his case by default when I withdrew from the trial due to being unable to participate because the audio loop didn't work (I am deaf) and the judge refused to adjourn, as you know.

So would I need to write a new Witness Statement, etc., or would I just rely on the documents I sent the last time which they mistakenly failed to issue to the court?

I am finding this so very confusing and am all to aware that I could easily mess it all up due to my ignorance and which the court will immediately seize upon, no doubt…I have emailed them, asking what I should do next, but they will probably just write back saying they can't give legal advice...

Thanks so much for your help… D45

DAKOTA45

RMS2 wrote: »

I think it may be of interest to people who read this thread, how exactly would they know if they were being charged interest or not?

I have heard this before and often wondered, it has now bugged me enough to ask, as I am sure there are people out there that don't even know this and the debt could be stacking up.

Mine is, apparently...:(

RMS2

DAKOTA45 wrote: »

Mine is, apparently...:(

First off, I am sorry about your situation, I have been reading the thread on and off for a few months now, so I have a rough idea of your circumstances.

For the benefit of people reading this thread in the future, who may be worried, could you tell us how you know that?