Charging order - Cabot

charleshalden

Hello Di, thank you so much for replying which is much appreciated. Bit of background on me. I have sin the last few years suffered a stroke, Bowel & liver cancer and now also have a heart condition with a cardiac implant. hence I have not been best focused on my finances dealing with what i call post financial cancer. 
I have found a letter from HM Land Registry - Nottingham Office 26 April 2017 Notice to a registered proprietor of the entry of an agreed notice - B132 Title number AV137020 Charles William Halden created by an interim charging order of the County Court Money Clames Centre dated 13 April 2017 in favour of Cabot Financial (UK) Limited (Court Reference D7CD8218)
Contact Mortimer Clarke Solicitors (25.04.2017) Equitable charge

Just_Di

charleshalden said:

Hello Di, thank you so much for replying which is much appreciated. 
I have found a letter from HM Land Registry - Nottingham Office 26 April 2017 Notice to a registered proprietor of the entry of an agreed notice - B132 Title number AVXXXXX Charles XXXXX XXXXX created by an interim charging order of the County Court Money Clames Centre dated 13 April 2017 in favour of Cabot Financial (UK) Limited (Court Reference XXXXX)
Contact Mortimer Clarke Solicitors (25.04.2017) Equitable charge

Hello again,
I'm sorry you've had health issues which understandably dominated your time when this was happening.

What you ideally want is to have the CCJ (possibly a Default Judgment because you didn't respond to the claim by the court deadline) set-aside. If that is successful then the Charging Order might be set-aside since if there is no CCJ then there should be no CO to secure it (if you follow my logic).

If there is no Charging Order on Land Registry then that should mean you are free to sell your property.

To achieve this there would you would need to make an Application to the court to set-aside the CCJ in the first instance.

However then there would still be a claim to Defend. I note that the Judgment Creditor (the Claimant) is Cabot Financial (UK) Ltd who don't have FCA authorisation so shouldn't issue legal proceedings, although in my experience that doesn't stop them from trying.

Do you recognize the debt? Who was the original creditor and how much is the CCJ? I'm trying to assess what options could be available to you.

Di

charleshalden

I now understand the conveyance lawyers have identified that Cabot Financial apparently have a charge on the house. I am wondering how best I can deal with this situation to my best advantage. Are you able to help with some advice?

I have found a letter from HM Land Registry - Nottingham Office 26 April 2017 Notice to a registered proprietor of the entry of an agreed notice - B132 Title number AV137020 Charles William Halden created by an interim charging order of the County Court Money Claims Centre dated 13 April 2017 in favour of Cabot Financial (UK) Limited (Court Reference D7CD8218) Mortimer Clarke Solicitors

charleshalden

I am very new to this.  I tried to post additional information, however, don't see it posted or seen a reply. Help? 

Just_Di

charleshalden said:

I now understand the conveyance lawyers have identified that Cabot Financial apparently have a charge on the house. I am wondering how best I can deal with this situation to my best advantage. Are you able to help with some advice?

Conveyancing lawyers aren't necessarily familiar with the Consumer Credit Act or associated litigation - it's a specialist area of law.

My starting point would be to find out what the Claimant (Cabot) was claiming and why they thought they had to claim it to see whether you might have grounds to challenge the CCJ (and subsequently the Charging Order). 

You can call Northampton Court Business Centre on 0300 123 1056 and ask them they exact date the claim was issued, the date of the CCJ (Default Judgment), and the Particulars of Claim plus the sum owed under the Order. They should be able (but not always willing!) to email that information to you.

I can't help you with forum techie stuff, but I can hopefully help you with the legal side of things

Di

sourcrates

charleshalden said:

I am very new to this.  I tried to post additional information, however, don't see it posted or seen a reply. Help? 

Click on the little cog wheel, top right hand side of your post, to edit your comments.