Charging Order? The myth

DAKOTA45

eggbox wrote: »

Dakota


Does the other side not have a time limit in which to respond?


And so you don't alone in your fight for justice read paragraph three below


http://www.theguardian.com/law/2016/apr/23/legal-aid-cuts-defendants-unrepresented

Many thanks for this Eggbox… I am far from alone… the failure of the courts to provide justice to those who are unrepresented is endemic!!

The other side does not need to provide any defence argument until 14 days prior to the hearing… they will leave it until the last minute, I guess… but that doesn't leave me with much time to argue any points they might raise when they produce their Skeleton Argument. They should have provided this at the hearing for the final CO, but ignored my counterclaim entirely and instead sought to dismiss my case, saying I'd not paid a court fee (untrue)! D45:(

DAKOTA45

Mind you… not that time limits apply when it comes to this creditor… back in November 2012 he was told to file his Statement of Case to the Court no later than 4 weeks… after 5 weeks, at the end of December 2012, the Court wrote to him again and gave him a further 4 weeks to respond… this is without them having to request an extension of time…! If that was me, I'd have to jump through all sorts of hoops! D45

eggbox

Have you a date for the hearing yet?

DAKOTA45

June 20th...

freebiequeen

Eggbox

Thank you - that's helpful. I was thinking that, even if it looks to the Land Registry as if the property is still jointly owned, if the purchase monies are paid to a sole owner and not to two trustees, technically, the charges may not have been overreached?

There was also an order for sale in place before the disposition, requiring the proceeds of sale to be paid to the Trustee for Sale, but the order was ignored.

Land Registry Representative mentioned before that the Order for Sale could have been registered at the Land Registry, but, although I had a look at the various restrictions and notices, it wasn't clear to me which one was applicable.

If LRR, yourself or anyone else could provide the answer to this one, I'd be most grateful.

freebiequeen

Dakota45

I have to say that I share your frustration with the Courts. I'm currently being sued by a well-known conservatory supplier - the conservatory they fitted wasn't in line with our agreed specification, so I refused to pay the full price.

The indulgence shown by the district judges to the Claimant's solicitor's persistent rule-breaking and refusal to enter into correspondence is quite breathtaking.

Here is a link to the overriding objective. You will see that, amongst other things, the Court is under a duty to ensure that the parties are on an equal footing:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01

DAKOTA45

freebiequeen wrote: »

Dakota45

I have to say that I share your frustration with the Courts. I'm currently being sued by a well-known conservatory supplier - the conservatory they fitted wasn't in line with our agreed specification, so I refused to pay the full price.

The indulgence shown by the district judges to the Claimant's solicitor's persistent rule-breaking and refusal to enter into correspondence is quite breathtaking.

Here is a link to the overriding objective. You will see that, amongst other things, the Court is under a duty to ensure that the parties are on an equal footing:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01

Ha! If only that were the case… it's a well known fact that the Court favours those with legal representation. I have been failed by them so many times… it is a real eye opener.
I was 100% entitled to make the claim against a neighbour who effectively stole the land that was given to me by the previous landowner, but because of the Court's maladministration, everything has gone so wrong that it's hard to know where to start… there can be no justice unless I go to the Court of Appeal, but I can't risk losing.
The original trial was a total farce as the court failed to provide an audio loop and the judge refused to adjourn and made me enter into proceedings where I was unable to understand a word of what was being said, depriving me of the right to a fair trial under article 6 ECHR.
There has been such bias, and so many procedural wrongs… even now, as I wait for the set aside hearing, I am doubtful of any fairness being shown.
I have suffered years of stress when the case shouldn't have even reached the court due to the other side's failure to object to my application within the time allowed. I wish you well with your case… what stage are you at? Please let us know how it all goes. D45

DAKOTA45

Oh yeah… and there has been no acknowledgement from the other side… this is their usual thing… they wait until the last possible minute then throw a spanner into the works… I wonder what lies it will be this time? And if they serve their skeleton argument just days before the hearing, how on Earth will I have enough time to provide an argument…
Not sure they should even be allowed to defend my set off… they should have done so before the hearing for the Final CO… D45

harisumo

Northern Rock loan / charging order transferred to Marlin

Hi Eggbox
I've posted on here before re my Northern Rock loan that was sold to Marlin some time ago now. Recently Marlin have started sending me the usual round of threatening letters after having been quiet for some time. I recently responded in no uncertain terms and reminded them that I had offered a token payment of £1 a month ages ago, which they had ignored. When I responded to them I asked to see a copy of the Court Order transferring the charge to them. They in turn responded by accepting my offer of £1 a month and, in regard to the charging order, sent me another copy of the Notice of Assignment and stated that 'I will not receive any paperwork from the Court regarding my charging order'. Is this strange - why would there be no Court paperwork transferring the charging order? Should I press them for this as it appears that Northern Rock still have the benefit of the charge so it would appear that I owe money in two places? Finally, if I start to pay the £1 a month to them they have asked me how I would like to pay, do you have any idea what most other people do, I thought may be a standing order or I have a paypal account I could use that rather than give them my bank details. Thanks in anticipation!

DAKOTA45

Hmmmm… something else occurs to me at this very late stage…

Can anyone tell me if I should have been served with a form N379 (Application for an Interim CO)… or would it just have been filed with the Court…? It was a 'Without Notice' application, so I guess that's why I don't have it…

I have found something which approximates the N379… they have just typed it up on A4… it is laid out exactly as it would be on the form, but is not the actual form… and is unsigned.

Is that allowed?

D45