Charging Order? The myth

DAKOTA45

Just a quickie, please;

I came across something the other day which stated that an application for a charging order must be made in the debtor's home area.
What would be the consequences of an application for an ICO being made at the wrong court?
Would the creditor need to make a new application in the correct court, or would the original application carry over whilst he made the new application and the ICO being backdated to the original application, (albeit where it was in the wrong court)?
It appears that I received two ICOs from two different courts, (dated 6 weeks apart)… I'm just trying to unravel it all to try and find out when enforcement for the debt started… this is really relevant to my claim and would explain a lot of things which, so far, I've been confused about... D45

eggbox

Dakota

I think you might be confusing the application for a CO as opposed to what happens if there is an objection to such?

Many CO's are applied for through the County Court Money Claims Centre, but if an objection to the CO is made then the application must be transferred to the debtors "home" Court?

DAKOTA45

Thanks Eggbox… no this was in 2014 and not at the Money claims centre.

I have two Orders which state that an application was considered at (two different county courts) on two different dates and there will be a hearing (again on two different dates) to decide whether or not to make the ICO final.
I think the judgement creditor should have made the application in my home area, made it in the wrong court then had to apply again… but whether the first application was carried over, it doesn't say. So when did enforcement commence? At the 1st application or the 2nd?
Is there a way of posting them here, or I could email them to you…?

Confused now. D45

eggbox

They can make the application through any Court; I was explaining that many are made through moneyclaim online as an example that is, obviously, not in a "home" town?

And if you didn't object to the Final Charging Order then they can be dealt with by any Court, too. Its only if you register an objection to the FCO that they must be transferred to your "home" Court.

So if you did object to the FCO then you have grounds for a complaint if the hearing wasn't transferred to your "home" Court; but if you didn't then you don't have grounds on which to complain?

Enforcement would have also started from the date the first FCO was granted.

DAKOTA45

Thanks, Eggbox! I was thinking the Moneyclaim centre was a recent thing, because the info I found online stated the application must be made in the debtor's home area irrespectively of where the judgement was obtained.
It just seems weird having two orders which are identical apart from the name of the court and the dates… it could have been because I objected to the hearing being outside of my home area. D45

eggbox

DAKOTA45 wrote: »

Thanks, Eggbox! I was thinking the Moneyclaim centre was a recent thing, because the info I found online stated the application must be made in the debtor's home area irrespectively of where the judgement was obtained.

Can you post a link to where that info is, please?

Choochybaby69

Hi Eggbox,
If my ex business partner has sold his house and his half of the money paid some or all the charge, how do I find out, if Investec won't discuss him with me, or can they simply double up and get it off the both of us??

eggbox

Firstly, can I ask where the information that some or part of the charge had been paid off (as that may help with the next bit?)

No they can't "double up" and to not explain if any of the charge, that you are party to, has been paid is just arrogant nonsense. So,, you can do either or both of the following;

i) Apply to the Land Registry using an RX3 form to have the restriction removed on the basis the charge has been paid (hopefully using the info you have?). They will then have to contact the creditor for their response and agreement?

ii) Send the creditor concerned a SAR (subject access request.) As they are processing data concerning yourself they have to forward all documents they have processed, concerning anything relating to you, under s.7 of the Data Protection Act 1998. This will cost you £10.00 to do but they have to, legally, respond within 40 days of your request.

You will often find that notifying the creditor of your intentions of the latter, should they not explain details of payment made on the charge, will elicit a response as many firms believe they can fob you off and you just have to take it. You don't.

Choochybaby69

I don't know if some or all the charge has been paid, but the house would have sold for over £100,000 the mortgage ( from a land registry check) was less than £50,000, so that leaves approx. £25,000 for each, him and his ex-wife, so unless they used a solicitor willing to do the sale letting the charge fall away, then some or all the charge should have been paid. This is what I need to find out now. What could I do if they did not respond within 40 days? Thanks for the advice, Eggbox.
Paul.

eggbox

choochybaby69

It does seem strange you are getting no information? As you are, jointly, responsible for the CO I cannot understand why you wouldn't be updated on the status of the balance remaining?

So I would ask them again and but explain you will have to make a SAR to them if they continue to refuse the information?