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Charging order
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? Actually I am applying for a set aside, as I have only just found out the debt exists and I dispute it, and was not at the previous address where the CCJ was issued for over a year.
That's fine. You can show that you acted promptly, have a reason why you did not respond to the claim and (hopefully) a defence with a reasonable prospect of success.
If the ccj is set aside then the charging order should also be removed. However, if your defence is then heard and not accepted the whole process could happen again with you being liable for two sets of fees.0 -
I would still like to hear please, if I am obliged to be contacted at my UK Land Registry registered address In Portugal in the event of an application for a charging order. Thank you in advance.
I'm not aware of any link between someone AP1,Yong to the court for a charging order and needing to check/do anything with the contact details provided at time if registration and still in the land register.
The contact details provided to us are for our own contact purposes. For example if someone applied to register their charging order and we had to notify you then we would use the registered contact details.
And for Nasqueron's benefit we will write to an overseas address if provided. You can also have an email or care of address.
To assist with understanding the charging order processes you may wish to read the Charging order - the myth thread on MSE“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
OP has already started another thread in applying for the set-aside.
You not updating your creditors when you moved isn’t a valid reason to have it set aside.
Pay what you owe0 -
Land_Registry wrote: »I'm not aware of any link between someone AP1,Yong to the court for a charging order and needing to check/do anything with the contact details provided at time if registration and still in the land register.
The contact details provided to us are for our own contact purposes. For example if someone applied to register their charging order and we had to notify you then we would use the registered contact details.
And for Nasqueron's benefit we will write to an overseas address if provided. You can also have an email or care of address.
To assist with understanding the charging order processes you may wish to read the Charging order - the myth thread on MSE
Evidently one of the better departments then, some of them are awful for pedantry. I used to work for a data processing firm that had outsourced the payroll/hr stuff for some part of the civil service, someone legitimately put in a sick note for not turning up because they were hungover from their divorce coming through lolSam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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Does a charging order have to be served in person?
A Charging Order can only be obtained if a County Court Judgement has been obtained (lawfully) first.
Depending on the legal circumstances an Interim Charging Order may be obtained by the Judgment Creditor (automatically for a CCJ of £1k or above since 2012)
After that the Judgement Creditor shroud make an Application for a Final Charging Order which you should have been given the opportunity to contest.
If the court paperwork/documents were served on an address where you didn't live at the time then you may be able to make an Application to set-side the CCJ and at the same time ask for suspension of the Charging Order depending outcome of your application.
Di0 -
You not updating your creditors when you moved isn’t a valid reason to have it set aside.
Not necessarily.
The 'last known address' is questionable > http://www.civillitigationbrief.com/2018/09/03/service-at-the-last-known-address-cpr-6-15-and-is-the-issue-of-a-second-action-an-abuse-of-process/
In this case the OP hasn't posted enough facts to know whether the debt was enforceable at the time the claim was issued. This would be essential to any set-side Application.
Di0 -
Farmer_Johnson wrote: »No, you are not.
Yes Land Registry is obliged to let the OP know if an Interim Charging Order has been applied.
Di0
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