CCJ & Subsequent Interim Charging Order

flexi_2

Need some advice from you guys please on the following farce ( a bit longwinded sorry).

Am on a DMP with Payplan, which is running smoothly with the exception of First National Motor Finance. They took me to Northampton County Court, Payplan filled in the forms and returned them to their solicitor as per instructions on forms, ofc they say they never got them suprise suprise subsequently a CCJ was issued against me. I resumitted an application on the correct forms to pay by installments and sent the cheque to cover the cost to Northampton court on 18.09.06 by recorded delivery, they acknowledge receipt on 19.09.06.

On October 3rd an Interim Charging Order was issued by my Local Court advising of a hearing at end of November etc.

He is where the farce starts, I rang my local court to say that I resubmitted an application to pay in instalments before the Interim Charging Order was issued, they told me to contact Northampton as they had no record of receiving the forms or the cheque, I told them that the cheque had been cashed on 26.09.06. I called Northampton who duly acknowledged receipt of my application and cheque and they insisted they had passed them on to my local court on 19th September. I rang my local court again, the nice chap advised that he would contact Northampton as they had no record of receiving anything from them. He rang me back saying he had had a right barney with Northampton who still insisted that they had sent the forms and the cheque to my local court, he said he would have to go through the local court record books to see if they had received the cheque and the forms. I have spoken again to them today and they are still trying to locate my forms and cheque (which has been cashed!!!).

What I need help with is that, my installment forms were submitted before the Interim Charging Order was issued, so surely they need looking at and considering before they can proceed with getting a Charging Order against my property.

Any comments would be greatly appreciated as the whole thing is a complete debarcle in my opinion.

fatbelly

I've got a sample letter that can be used on its own or on a N244; either way there's a fee to be paid unless you can get exemption or remission. Can't guarantee it'll work but you'll have to decide if it's worth trying. Modify it as required.

Part A

I intend to apply for an order to set aside the judgement because there is good reason (CPR3.10); I returned the N9A to the claimant's solicitor X days after I received it and made the offer of £X per month in Box 11. But a forthwith judgement was entered.

Part B

I wish to rely on evidence in Part C in support of my application

Part C

1. On d/m/y I received County Court Claim XXXXXX dated d/m/y
2. X days later, on d/m/y, by recorded delivery I returned the N9A to the claimant's solicitor, making the offer of £X per month in Box 11. I attach photocopies of the N9A and recorded delivery slip
3. My letter was delivered on d/m/y
4. I received the County Court Judgement on Form N30: 'the defendant has not made an offer' with the Order to pay the whole amount forthwith.
5. I received an interim charging order on d/m/y
6. I ask the court to set aside the judgement and the interim charging order so that an instalment order can be put in place.

flexi_2

Thanks, I will definitly give it some thought, got to contact my local court again this week if they do not contact me first about the whole situation.

Will let you know how it goes

Flexi