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acm
Junior Member
United Kingdom
274 Posts |
 Posted - 16 December 2008 : 12:24:24
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Hi,
Can someone advise please. I have mentioned before that I have a charging order hearing at the end of next month. Do you know if I have to physically attend this meeting or is it a paper exercise and if I do need to attend what info should I take with me?
Secondly, I intend to write to the courts to ask them not to grant the said creditor the charging order as they have not been too truthful with the court. They said on the papers that they are not aware of any other creditors apart from the building society the mortgage is with. They are actually one of seven creditors managed by my debt management company for the last 5 years and all are aware of each other. Does this not mean the said creditor is trying to gain an advantage over the other creditors and being economical with the truth to the court?
Thirdly, I have a consent order from a district judge from the county court dated the end of October 2008 which agreed a financial split between myself and my ex which has now been settled between both parties. Does this therefore take precedence over the interim charging order and therefore makes it null and void as I have no financial interest in the named property on the charging order? Sorry for being so long winded. (And before anyone asks, the amount of money I received from this agreement left me with little after the solicitors fees were taken and I also had personal finances to sort which would always come above paying off this one creditor). Many thanks |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 December 2008 : 12:35:56
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Hi
the wording on the charging order is misleading but any one of your creditors has the right to apply for a charge on the property.
However, all this is now irrelevant.
Ancillary Relief (the courts decision regarding your divorce) overrides any attempt by your creditors.
I would send copy details of the courts decision regarding the property to the creditor that is applying to the court for a charge and enclose a letter inviting them, under the circumstances, to withdraw the application.
This is the courteous thing to do as it will save the creditor further expense and the courts time.
If you receive no response then attend the hearing and take proof of both the divorce arrangements and the subsequent letter to the creditor.
If you do reach court and the judge sees that it is a waste of everyone's time he won't be best pleased with the creditor.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 16 December 2008 : 13:01:37
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Hello John
Many thanks for your reply. You gave me great hope in your response john but I have a horrible feeling about this as the original interim charging order was made to the courts back in september in the south of england then they sent me another charging order saying it was being moved to my home court. The envelope from my local county court is though dated 24 Nov 08 and my consent order from the courts the 27 Oct 08. I think what I am trying to understand is the difference between the interim and final charging order. As it happens, the original interim charging order was raised before my local county court issued the consent order to my ex and myself. However, obviously the consent order pre-dates the final charging order hearing for the end of Jan 09. So which takes precedence? Phew, I'm confusing myself now. HELP |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 December 2008 : 14:30:12
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Hi
the final charging order would have to have been granted by the court BEFORE the consent order for it to have any affect. The fact that the whole process of applying for the charging order began before the consent order was granted is irrelevant.
I'm sure you'll be fine.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 16 December 2008 : 14:40:23
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Thanks so much John
Would it also not make sense writing to the court with copies of these papers and ask them to cancel this charging order?
Regards
Acm |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 15 January 2009 : 14:04:43
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A message for John if he is available or anyone with any advice on how this goes.
I wrote to the solicitors bringing the charging order against me but have not heard anything. Further to that, I wrote to the courts asking them to discharge the order prior to the hearing on 30 Jan 09.
I thought I had a strong case for the discharge.
1. I have the Consent Order from the District Judge with his rulings which have all been abided by from both myself and my ex. I sent a copy of this to the courts.
2. I pointed out the other party had not been upfront when declaring they knew of no other interested parties when filing for the charging order. The truth is the opposite. I have ten creditors and they are all aware of each other and have been for the last five years. Therefore the other party was trying to gain an unfair advantage over my other creditors.
3. The other party sent all correspondence to me to my old address where my ex resides. I have not lived there for 6 years and she 'return to sender' all my mail so I was unaware of all this happening even though they have my correct up to date address.
4. Finally, they listed the rented property my partner uses as the address for the charging order instead of the address my ex lives.
All of this was pointed out with copies of everything sent to the courts and I have received a letter back from HMCS Civil Section stating 'Your letter has been placed before the District Judge who directs that "Your letter will be placed before the District Judge on 30 January 2009 but you should still attend that hearing".. Can anyone tell me what that means?? Help.
Many thanks
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 16 January 2009 : 12:28:12
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Hi
Are any of the experts available to answer my question from yesterday and what experience I may have when I attend court. I have never been in a court in my life so this is not something I am relishing. Any advice welcome. |
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pix1
Average Member
689 Posts |
Posted - 16 January 2009 : 14:30:10
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I wasn't sure if you were going bankrupt? If you went bankrupt before the final charge you would eventually, some time later, get a notice from the court saying the interim charge is discharged.
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 January 2009 : 18:49:27
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You should always go to the charging order hearings UNLESS you intend to hand the house back.
Even if you are made Br before the final charging order then you should still attend because it is guaranteed that the creditor will attend and try to still put the charge on.
Are you looking to petition for Br?
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
Real People ..... Real Debt Solutions
www.revivauk.com |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 January 2009 : 21:00:53
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Hi acm
the district judge has decided to make his ruling for the charge application, and your defence, on the date of the hearing.
It is nothing to be alarmed about.
As Paul has mentioned, take copies of your letters sent to the claimants solicitors and the court with you to the hearing.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 03 February 2009 : 12:04:19
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Message for John
Many thanks for the earlier advice. I attended court last Friday and the other side withdrew the Charging Order due to the the Consent Order agreed by a previous Deputy District Judge some 3 months earlier. I am now hoping that this will set the precedence for any other companies attempting to get a charge from my old property and perhaps now the interim order can be lifted by the land registry and allow my ex-wife the ability to get a new mortgage so she can move on as well.
Anyway, many thanks
Andy |
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John
New Member
United Kingdom
73 Posts |
Posted - 03 February 2009 : 13:07:19
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Hi Andy
you're more than welcome and I'm really pleased that the court hearing went well.
Wishing you and your ex all the very best for the future. |
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movin on
Average Member
United Kingdom
946 Posts |
Posted - 03 February 2009 : 14:09:47
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Hi Andy
I also wanted to say im really pleased your hearing went well.
Jenny
Onwards and Upwards is the way im going :-0)
From "Moneyworries" to "Movin On" in 3 months is fantastic :-))
xx |
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Topic |
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Charging Order
