Charging Order? The myth
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Hi Dakota, was a Default Judgement actually granted by the Court or was only an application made for such?
If it was granted and registered then you should have been notified of the set aside application (which is what they would have to apply for using form N244)
At the very least, you should have been notified on what grounds the Judgement was set aside by the Court?
Hi Eggbox…
W
Doesn't time fly when youre having fun?!
Well … I only found out quite recently, but when the other side filed their defence, the court wrote back and said it couldn't be dealt with as "a default judgement has been entered"… does that mean 'granted', I wonder?
Then they apparently spoke to the court and the next thing is it's all back on track again… no default judgement… weird!!
The thing is, if they wanted to argue about it, they should have copied me in with their correspondence with the court.. as it was underhanded and probably not in accordance with the rules…. see here;
Communication from one party to the Court without copying the other party should almost never occur and requires specific justification in accordance with the!Rules, as the Lord Judge LCJ said at paragraph 7 of his judgment in!Mohamed v The Secretary of State for Foreign and Commonwealth Affairs (No. 2)![2010] EWCA Civ 158:
“7. It is an elementary rule of the administration of justice that none of the parties to civil litigation may communicate with the court without simultaneously alerting the other parties to that fact. …”
The impropriety is particularly serious where the party communicating unilaterally with the Court is represented while the other party is not.! Communications going the other way, from the Court to one side and not the other, require specific justification and very careful thought indeed, especially when the party omitted from the communication is the unrepresented one.!
There is a real risk of undermining confidence in the impartiality of Judges and the administration of justice if that principle is not scrupulously observed.
Hmmm… I think the represented parties get away with murder… quite literally, I'm sure.
D450 -
I would certainly query it with the MOJ as if a Default Judgement has been issued I can't see it being able to be removed without a) coming in front of a Judge again and (b) You being notified of it's removal?
At the very least you deserve an explanation of how it was allowed to be removed?0 -
I would certainly query it with the MOJ as if a Default Judgement has been issued I can't see it being able to be removed without a) coming in front of a Judge again and (b) You being notified of it's removal?
At the very least you deserve an explanation of how it was allowed to be removed?
Thanks, EggBox… That's what I thought, but I wrote to the Court to ask if there had been an application to set aside a default judgement by the other party, and they didn't even reply.
They often ignore my correspondence and that's why I'm where I am now; because of the court's mistakes in the last proceedings where they messed up my counterclaim and I ended up with an apology from them but far too late as it came after the Judgement granting the other side a Charging Order…:(
Straight to the MOJ, then, do you think? I'm just a bit worried that any complaints might jeopardise my next trial… the judiciary is so clique-y, and they hate LIPs. D450 -
The MOJ won't have any ties to your particular Court but I wouldn't make your enquiry as a complaint?
I'd simply explain the circumstances (in brief they don't want the details of what the CCJ was for!) that you obtained a Default Judgement against but the person it was against has managed to get the Default Judgement removed without a Court hearing?
Include that you have requested details of how this has been possible from your local Court but you have not received any response from them?
And remember to send ALL correspondence by recorded delivery.0 -
My husband has a restriction on our property back in 2005.
I however am the mortgage holder and am now selling the property. All the equity belongs to me as I paid the mortgage.
His name is on the deeds due to fault from a previous mortgage that is settled when we remortgaged. The only restriction is his and the management company.
From reading this, we do not have to inform them we are selling the property until we have exchanged contracts? Is that right?0 -
AdeleOx
Its what the actual Restriction on your deeds states that will let you know the answer to that one? If its a standard Form K then the answer is most likely as you have stated?
For a small fee you can check on the Land Registry website (if you are unsure of the wording) what the Restriction on your deed states? Post that on here and we can let you know how you stand?0 -
Thanks Eggbox
(30.08.2005) RESTRICTION: No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer that written notice of the disposition
was given to Citibank International plc at care of Salans, North Tower,
26 Elmfield Road, Bromley, BR1 1WA being the person with the benefit of
an Interim charging order on the beneficial interest of XXXXXXXXXXX
made by the Medway County Court on 22 July 2005 Claim Number 4XXXXXXXX0 -
AdeleOx
That is a standard form Restriction so, as you'd hoped, it means the buyer can choose the best time to suit when notification is given to the Restriction holder.0 -
AdeleOx
That is a standard form Restriction so, as you'd hoped, it means the buyer can choose the best time to suit when notification is given to the Restriction holder.
Is it the buyer's solicitor who informs the charge holder or the sellers?
As you know, I'm about the only person ever who was unlucky enough to get a modified restriction, and have to give 14 days notice… but what if I don't want to give the creditor notice?
Can you think of any way I can get out of it?
D450 -
Is it the buyer's solicitor who informs the charge holder or the sellers?
As you know, I'm about the only person ever who was unlucky enough to get a modified restriction, and have to give 14 days notice… but what if I don't want to give the creditor notice? Can you think of any way I can get out of it?
D45
No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer It's the Buyer
If it's only a 14 day notice clause then I wouldn't worry to much as it would appear most Solicitors are expecting payment to be automatically paid. It's extremely doubtful they would take any action prior to not being paid as there is little they can do until money actually changes hands (and as we've witnessed they don't appear to afterwards, either?)
The one that seems to cause problems is where the Restrictioner has to confirm written notice, to the LR, that they have been notified of a sale happening as they can dictate the situation?0
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