Set Aside Charging Order - High Court

Pril_the_babe

I have applied for a charging order to be set aside, of which the High Court has accepted & duly given me a date, in October.

With the court order came directions & dates to comply by, based on my N244 (AN), the rspondents were given a date to to file in court the evidence relied upon in answer & also to serve a copy on the applicant (me). To date they have not responded to either the 1st notice served in May 09, my intentions to set aside the judgement & not complied with the order.

It was served by recorded delivery both times to the solictors who were chasing me for the debt, the respondents are a major high street bank.

What do I do now ? What does their silence mean ?

Pril the confused

GeorgeUK

Not sure if they may be just trying to take this down to the wire or possibly trying to put it in at the last minute.

Might be worth checking the consumeractiongroup forum to see if there are any examples of this.

h4ppiness

What exactly is the wording of the court order? If the Judge has ordered the bank to file certain information by a certain time and they have failed to do so, then you can write to the court asking the Judge to consider 'ex parte' (ie: without a hearing) setting aside the charging order due to the claimants failure to comply with directions.

h4ppiness

Oh, by the way, the reason for their silence is that their solicitors are probably inept. Your case will be on their desk waiting to put together enough evidence to fight your application but they will wait until the last minute before sending in their paperwork so you don't have enough time to consider it/seek advice