|
|
 |
 |
FORUM |
|
> Browse and post on our forum |
|
|
|
 |
|
 |
|
Note: You must be registered in order to post a reply.
To register, click here. Registration is FREE!
|
| T O P I C R E V I E W |
| L20 |
Posted - 07 March 2009 : 09:04:50
Hi there (bit long winded this one- sorry)
As you may remember - Hubby wnet BR Dec 08, interim order in place,Final CO hearing later in Dec08 - which was adjourned til Feb2009. WE attended court in Feb and usher asked for name and said we were not on list! He sent us down to County court office downstairs and lady went to get files and said" Oh the claimant sent us a letter in December withdrawing the claim as you are BR! We asked what happens now and she said "nothing as it has been withdrawn you need to do nothing and thats the end of it"! I asked for a copy of claimants letter and she said we have it on file so you dont need it and thats thta sort of thing. We went home. Anyway I then realised that Land registry would only remove interim on orders of the claimant or with something from the court so wrote to the county court explaining this and asking for confirmation of withdrawal and a copy of the letter. This morning I have received a snotty letter back from county court saying "We have not been advised by the claimant that this matter is withdrawn , only that their application for a charging order is withdrawn" the letter goes on to say that the file will be put to the district judge and we will be notified shortly what he decideds to do.
Forgive me if i'm wrong but the matter is the CO and if this has been withdrawn then surely that is that. Also surely if the case was not concluded then surely we should have been on the list on the date of the hearing and should have had the hearing heard. Afetr all thge previous order stated adjourned to feb 09 with hearing time of 5 mins. Wehave had no correspondence except for this reply to my letter, but i'm sure they can't withdraw a case but just leave interim indefinately as if that was the case then there would be no need for a final CO. Surely we areentitled to be served with all correspondence between courts and claimants regarding the case?
|
| 2 L A T E S T R E P L I E S (Newest First) |
| L20 |
Posted - 07 March 2009 : 11:16:54
quote:
Originally posted by John
Hi L20
actually it is not a matter for the court to contact land registry, or indeed advise them, that an interim charging order should be removed.
This responsibility lies with the creditor.
It may seem silly of me to ask but can you confirm that land registry informed you that the interim order was in fact in place?
When the application for a charging order was made to the court the creditor should have notified land registry who in turn notify you using form N86. If you received no such notification from land registry, and bearing in mind the application has been withdrawn, it may be the case that the applicant creditor never actually notified land registry in which case there is nothing to remove.
If you did receive this notification from land registry it falls to the creditor to remove it, failing that you should try it yourself giving the details as you have explained here.
It is unlikely that the court will do so.
John White
England Jackman & Spacey
hi John
yes it is on land registry and they have said that creditor should remove it but as they failed to remove it once before after another claim was struck out they said that if i got something from the court then that would suffice, but as i have said the court office girls are now saying the judge will decied and are changing what they told me on the hearing date. They say in one breath the charging order application has been withdrawn but that the matter has not!! what they mean I do not know. Surely if the case has not been cancelled, withdrawn or whatever then the hearing shouled of gone ahead on that day and the office staff cannot just ask judge to decide because i have wrote to them. I'm sure if the case is still active then we should have had the hearing as ordered.
|
| John |
Posted - 07 March 2009 : 10:27:29
Hi L20
actually it is not a matter for the court to contact land registry, or indeed advise them, that an interim charging order should be removed.
This responsibility lies with the creditor.
It may seem silly of me to ask but can you confirm that land registry informed you that the interim order was in fact in place?
When the application for a charging order was made to the court the creditor should have notified land registry who in turn notify you using form N86. If you received no such notification from land registry, and bearing in mind the application has been withdrawn, it may be the case that the applicant creditor never actually notified land registry in which case there is nothing to remove.
If you did receive this notification from land registry it falls to the creditor to remove it, failing that you should try it yourself giving the details as you have explained here.
It is unlikely that the court will do so.
John White
England Jackman & Spacey |
|
|
| bankruptcyhelp.org.uk Forum |
© bankruptcyhelp |
 |
|
|
|
|
 |
|
|
|
|
|
