Charging Order? The myth

ladyT_2

Many thanks eggbox.
I was not working at the time the property waste bought and life just took over and we never got around to it.

How do I register financial interest? Is it something I can do myself? Is it worth challenging the FCO? Any pointers please?

Thank you.

eggbox

ladyT wrote: »

How do I register financial interest? Is it something I can do myself? Is it worth challenging the FCO?

If you contact the Land Registry they should be able to point you in the right direction on how to register your interest. (If Land Registry Rep is around tomorrow he may be able to advise here?)

Its virtually impossible to stop a FCO but I always advice attendance to register your argument as not to do so means the FCO will be granted 100%

Attending Court also takes out a little of the mystique surrounding the legal process and helps you see its not the end of the world what's happening.

ladyT_2

Great, I'll call LR tomorrow. I have written a draft response to send to the court and claimant. I'll definitely attend the hearing, thanks for taking the time to respond and your suggestions.

DAKOTA45

Hi Eggbox… just an update;

His lawyers have filed and served a defence… even though there has been no acknowledgement of my claim… (all lies… a bare denial of any wrongdoing… lying and saying he didn't threaten our buyers…)

Wondering what happens next.

I guess they will ignore that bit of CPR which rules that a failure to acknowledge a claim will lead to a default judgement.

Pffftt!!!

D45

eggbox

CPR Part 12 Default Judgement

12.3
(1) The claimant may obtain judgment in default of an acknowledgment of service only if –
(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim);

eggbox

DAKOTA45 wrote: »

all lies… a bare denial of any wrongdoing… lying and saying he didn't threaten our buyers…

Make sure the evidence you have, to the contrary, is watertight and leaves no room for ambiguity on the day in Court.

DAKOTA45

eggbox wrote: »

CPR Part 12 Default Judgement

12.3
(1) The claimant may obtain judgment in default of an acknowledgment of service only if –
(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim);

Hmmm.. but wouldn't he have needed to file acknowledgement or defence within the 14 day deadline from date of service?

This is what I don't understand… why have a 14 day time limitation at all? D45

DAKOTA45

eggbox wrote: »

Make sure the evidence you have, to the contrary, is watertight and leaves no room for ambiguity on the day in Court.

Well, I know exactly what happened but it's whether the judge believes me or my lying neighbour and his equally devious lawyers…

None of those who provided me with details will come to court… even the police, who were involved, say I'd have to pay them a lot of money if I want them to provide disclosure about the people they took statements from, and I just can't afford it…
I wonder if the court can summon people who have made statements on which I need to rely, but who refuse to be involved in court proceedings?

Quit worrying…:(

D45

eggbox

Hi Dakota

You need to investigate a Witness Summons have a look HERE

Have you no evidence to take to Court?

weimimamma

Hi All

Further to post a couple of weeks ago we are still waiting for a response to the N245 form we sent following our payment forthwith N24 form we received recently, the 16 days have passed some two weeks ago for the creditor to respond so I called court today for an update to be told they could not tell me anything however if I had a solicitor then they could update them, I explained cannot afford legal representation but was just told that I they could not update me even though the creditors 16 days to respond were up.

I contacted National Debt helping to ask what I could/should do next and they were not much help just said they didn't think the N245 form was the correct form and if we had a judgement forthwith which we didn't pay after 21 days then the creditor could pursue us further but didn't advise what that could be........ frustrating is not the word especially as we have put our property on the market to sell and I am now stressing she may go straight for bankruptcy.

Any advice would be helpful