Charing order/ Ccj advise

Alb2002

Evening. I hope this in the right place. I’m trying to find the newbie thread but can’t (seen it mentioned in order places). 

Really hoping for some guidance please. 

in short. I received a letter from the land registry regarding an interim charging order that was placed on my property. This was two days ago. Myself and my husband have received no level of correspondence at all regarding any other matters. No forms from the claimant or the court regarding this to either myself (as co owner) or my husband as the debtor.

Upon investigation it presents that my husband has a CCJ from the 2nd feb this year. Again we knew nothing about this. I have been working from hone this year/ unwell pregnant and we haven’t had any post (appreciate this sounds dodgy but we are being honest). The solicitors firm kearnes solicitors tells us the company who now have the debt link financial tried to contact us. 

I have contacted the court and asked for the judgement, CCJ and correspondence I have not received this yet and have been waiting for two days. It shows as my current address on my husbands credit file so assuming this is correct? 

from our perspective we understood the debt had been paid in full. I have evidence that the original creditors contacted is until March 2018 but then dropped off the radar. We continued to pay until the direct debit stopped at the time we had understood we had paid the amount in full. I did not cancel this direct debit but remember removing it some time later. I have asked HSBC for written evidence of this. 

we haven’t ever received letters saying we missed payments from June 2019 nor were we aware of any defaults or the debt being sold. My husband stated he called them and they confirmed the debt had concluded. I have applied for a subject access request for all their correspondence and engagement with us. Including a copy of any calls received. 

kearnes solicitors on behalf of link financial state they made attempts to contact us. We have not received this. They have the correct address and telephone number. I have made a subject access request. I plan on doing the same with link financial tomorrow  

I am now stuck. I am scared. 

I will write to the land registry opposing the interim charging order. I will do that from my husband but also myself stating that I oppose. It would have adverse impact on myself (pregnant) and our children. I will also highlight the creditors never informed me within this (they haven’t and I understand should have). I will follow this up with a letter to them again highlighting the same point. I do not have any idea of when this judgement was made so unsure if I am responding within the 28 days. I will reply to the land registry before the date due for return the 23rd July. 

I want to contest this payment. I am under the impression that we do not owe the money however acknowledge I cannot prove that until I have further clarification. If we do owe monies we would have paid this straight away or at the very least when we knew it was going to court (we have it in full). We paid solidly £250 a month for 18 months I can evidence this. It feels so unfair that we have to have a CCJ on our file when we knew nothing about the hearing and weren’t afforded the opportunity to pay. 

I don’t know what to do. I can see your extremely helpful posts around the n332 form and plan on following this up by contacting kearnes and link financial asking them if they would consent to a stand down order (a phone call tells me they won’t apparently it’s gone too far) and ask for a response within 7 days. If they don’t or won’t agree I would then complete the form and ask for the judge to review a stand down order. This would be on the basis we did not receive the letters. I feel so lost because they seem to have our current address but honestly we didn’t get anything.  

part of me wants to pay this so it goes away because I don’t want anything to risk our house but I am being honest and this just feels so unfair. 

What could our next steps be please.