Charging Order? The myth

eggbox

I suspect it would depend on whether a Judge feels the statement being unsigned caused any undue prejudice?


However, what this fact should do is add weight to your set aside application being accepted and the whole process being started from scratch. As the statement was unsigned (and therefore unverified) and your original counter claim was unfairly rejected through Court mismanagement; I think this would be a fair decision?


Unfortunately, its getting the Judge to see this so I would make sure they are aware of the unsigned statement.

DAKOTA45

The judge knew about the unsigned statement, as it formed part of my defence, but the other side's lawyer wrote back to the court with a counter argument saying that it had been signed, and that in any case, it would have been noted by the court if there was anything amiss…
They are such liars. I have the original copies which clearly show no signature… However, it was all to no avail as on the day of the hearing, the judge dismissed my defence/counterclaim due to the court's failure to issue same.

eggbox

Yet more good reasons for the set aside to be granted? Hopefully the above was added and explained in your application?

DAKOTA45

eggbox wrote: »

Yet more good reasons for the set aside to be granted? Hopefully the above was added and explained in your application?

Of course… but it's like bashing my head against a brick wall... the Court seems to have tunnel vision when it comes to addressing my claim… it's as though they have completely made their mind up as to who to believe and no amount of evidence makes any difference.

I'd never had any experience of the courts before this, and it has really opened my eyes… the blatant unfairness and lack of any kind of guidance when they know full well how most LIPs struggle to understand CPR and the way the courts work…lack of legal knowledge is no excuse where mistakes are made, apparently..


I just know the reason it is taking so long for them to make a decision, is that they will be scrabbling around and looking for any loophole that they can come up with in order to justify their unlawful actions…:mad:

We shall see very soon, hopefully… D45

eggbox

DAKOTA45 wrote: »

I'd never had any experience of the courts before this, and it has really opened my eyes… the blatant unfairness and lack of any kind of guidance when they know full well how most LIPs struggle to understand CPR and the way the courts work…lack of legal knowledge is no excuse where mistakes are made, apparently..

It is a shock when you first encounter the Court system as you do expect a little help. But it's not the Courts job to offer advice or guidance as they are only there to deal with the legal cases brought before them and not help decide how people bring their cases (but this doesn't excuse the unhelpfulness displayed by most court staff who often take a zero approach to being helpful)


What is unfair, however (and quite frightening at times), is the lack of basic help for people outside the Court system who have to enter it for the first time. Professional, Independent advice can be very expensive (if required past the free consultation period) and this hasn't been helped by the increase in Court costs recently announced for those having to make a claim in Court.

DAKOTA45

Yep… it's not that I was asking them for any legal advice… but I just can't believe the failure to liase and lack of response when I ask for an update.. The point blank refusal to give a receipt when I go to the trouble of driving a 50 mile round trip to hand deliver important documents, etc…
The way they just shrugged when the audio equipment failed.
Being forced to participate in a trial as a deaf LIP, when the judge could have easily adjourned for 10 minutes to allow the correct equipment to be set up… it beggars belief..
I had gone to great lengths to explain the type of hearing loop I needed… I visited the court 3 times prior to the trial to discuss my needs with court staff as I was so worried about it.

I know the judge was biased… no impartial judge would have acted like this!
Then the court 'lost' my file, then after that, they failed to issue my defence/counterclaim, saying I'd not paid the requisite fee…
I just goes on and on…all sorts of CPR failures by the other side which were ignored by the court, etc, including allowing the creditor to make a without notice application to modify the original Order without good reason, without appealing the original judgement…

I really find it so hard to keep going with this… but I'm making a stand for justice and can't give up until it is seen to be done. TB

Keysa

Thanks everyone for you contributions. I’ve read most but realise time is against me so if I could tell our ‘story’ now and would appreciate any comments or advice.
I’ll try and keep to the facts and leave out the emotion.
2007 I bought a Spanish apartment in my name for 220,000e with 60% deposit.
2012 now married but experiencing extreme problems, we knew that we couldn’t keep up the repayments with Bank UCi Spain with the high IRPH interest rate at the time. The apartment is now worth about 80,000 and the mortgage was around 97,000, so we tried different things, handing back keys, letting, selling and other.
Fast forward…November 28th 2015 a UK solicitor asks us for our reasonable proposals to settle this debt. I replied in the time scale set with a offer to pay off the arrears of approx. 9.000e and to restart paying down the loan. There was no reply despite asking and a ccj and interim CO was issued on our jointly owned UK property. The final hearing is on 14th March.
The Bank want to sell the apartment in a Spanish auction, which will be a low price but would still chase us for the shortfall.
We prefer to keep the Spanish property; its price has now risen to around 110.00e and the have a chance of recouping some of the lost equity and to enjoy it.
The bank want the whole debt repaid and although we have a possible buyer for our UK home, there would not be enough money left to rehouse our children aged 7,9, and 17.
I’m thinking of making an improved offer to the bank before the court date, not sure what!. Any advice is appreciated.
We have equity but no cash, my wife works part time and I’m injured. Our conveyancing solicitor is yet to hear about this mess!
Thanks for reading.

DAKOTA45

Keysa wrote: »

Thanks everyone for you contributions. I’ve read most but realise time is against me so if I could tell our ‘story’ now and would appreciate any comments or advice.
I’ll try and keep to the facts and leave out the emotion.
2007 I bought a Spanish apartment in my name for 220,000e with 60% deposit.
2012 now married but experiencing extreme problems, we knew that we couldn’t keep up the repayments with Bank UCi Spain with the high IRPH interest rate at the time. The apartment is now worth about 80,000 and the mortgage was around 97,000, so we tried different things, handing back keys, letting, selling and other.
Fast forward…November 28th 2015 a UK solicitor asks us for our reasonable proposals to settle this debt. I replied in the time scale set with a offer to pay off the arrears of approx. 9.000e and to restart paying down the loan. There was no reply despite asking and a ccj and interim CO was issued on our jointly owned UK property. The final hearing is on 14th March.
The Bank want to sell the apartment in a Spanish auction, which will be a low price but would still chase us for the shortfall.
We prefer to keep the Spanish property; its price has now risen to around 110.00e and the have a chance of recouping some of the lost equity and to enjoy it.
The bank want the whole debt repaid and although we have a possible buyer for our UK home, there would not be enough money left to rehouse our children aged 7,9, and 17.
I’m thinking of making an improved offer to the bank before the court date, not sure what!. Any advice is appreciated.
We have equity but no cash, my wife works part time and I’m injured. Our conveyancing solicitor is yet to hear about this mess!
Thanks for reading.

Hello! Is it a CO or a restriction? Is the Judgement in both your names? D45

Keysa

Hello Dakota45


The debt is in my name with a Spanish Bank
The UK house is joint names.


We have Both been given a 'Notice to a registered proprietor of an application to register a restriction against the land' - B136(C)) . This is sent from the Land Registry in Peterborough.


Also an interim charging order was issued by the County Court for both of us , with a further court hearing on 14th March where the judge will either decide if the order should continue, be modified or be discharged.


The Spanish property is waiting for a date to go to Auction, something we don't want and also would rather get a settlement before the court date......thinking of what to offer and when.

DAKOTA45

Hi Keysa… you say you have a charging order in both your names? And a pending ICO (Interim Charging Order), again in both names…
I'm a bit confused as you say the debt (for the Spanish home) is in your name only.

Will the children live with you in Spain if you can sell your UK home… and is there enough equity to pay the debt?

A bit concerned that you made an offer to pay down the debt which they ignored and which led to the CCJ… Perhaps it could be set aside to allow for a Variation of the Order?


D45

PS… Hopefully, Eggbox will be along shortly to advise.