Ccj and now interim charging order on non existent debt

ninak

Ccj and interim charging order on non existent debt
Would it be possible for anyone to give me some direction on which course of action I should be taking first in respect of a CCJ and Charging order on my property issued by Hitatchi Capital via Addlestone Solicitors.
I will start by briefing you on the situation,
I purchased a kitchen from B&Q in April 2013 (unsure of the exact date as it is not actually quoted anywhere),I originally payed a deposit of £652.75 and opted to pay the rest on a fixed term loan agreement via Hitachi credit of £5400,


A couple of days later I decided I would finalise the outstanding balance of the kitchen in cash directly to B&Q AND WITHDRAW FROM THE CREDIT AGREEMENT,as I was not happy with the agreement as there were to many inaccuracies on it,
I returned to the store and the band q assistant cancelled the agreement in front of me by calling Hitatchi credit,and also sending them an email,the outstanding balance was then paid by myself by debit card to B&Q,
End of scenario, or so I thought, as a few weeks later 1 payment of £100 or so pounds was taken from my account as cancelling the direct debit had been an oversight on my behalf.
I contacted Hitatchi to state the obvious etc,and they accepted this had been a mistake and advised I manually cancell direct debit.


Roll on now to January 8 2014 ,I received a letter from Addlestone keane solicitors stating they had obtained an interim charging order on my property and that a court date was set for Feb10 were an application for a full charging order will be applied for.
It also states that a CCJ was issued against me on Dec 6 13 for an amount owing of £5983.31,which I was totally unaware of as i had not been stay at the property as it was having building work done.


I have also had a B132 notice from land registery,informing me that an equitable charge has been placed on the title,


My question is ,
Do I address the CCJ first or the charging order,
Your advice in this matter would be greatly received


I have a N 2 44 form that I have filled but now I've been advised I also need the application to set aside must be supported by evidence and best practice is to lodge a pleaded defence which complies with CPR 16


Also the date for the full charging order is feb 10 does this need to be dealt with as a separate matter to getting the CCJ set aside if so what do I need to do
Help help help please
Getting majorly confused!!!

jonesMUFCforever

Get legal advice is the best option here.
Contact Hitachi finance and see exactly what/where happened to the ''funds'' allegedly issued to you or the kitchen company.
If you do not have obtain copies of your bank statement etc to show that you paid - then consult a solicitor - do you have any free legal insurance with your buildings/car insurer?

spacey2012

What proof do you have you paid this money ?
You also need to send a Subject Access request and a cheque for £10

Stating they shall make available all documents and files held which are linked to your name.
That payment is for the purpose of the SAR and not payment of any other kind
date it and head it served notice of Subject access request
Obtain certificate of postage.
Do the same to B+Q
and the Solicitors.
Will cost £30 but it will provide the information you require for the defence.