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I had done loads of research and prepared a detailed document for both court cases, mentioning previous cases and like you, divorce, not living in the property etc, even prepped my ex!
My ex couldn't attend the 1st hearing as he works abroad, but he sent supporting documentation, letters from his employer, and his work contract.
At the 2nd hearing the Judge said to my husband, "if you had attended the previous hearing I wouldn't be putting the charge on the house", my husband told the judge that he had sent documentation explaining why he couldn't attend, the Judge replied "yes I know, I received the documents you sent!"
My ex has been paying into a DMP for 2 years, an agreed amount with Tesco, and never missed a payment when Incasso/Tesco applied for the charge. The Judge wasn't interested in that either. The order was for the exact amount he had already been paying them via the DMP.
A complete waste of time.
Now divorce proceeding have made things are little sour between me and my ex, he works abroad, so there is a very real threat that he might not continue to pay and not be held accountable.
I might be forced to sell as part of the Divorce hearing but the money for the charge will only come out of my husband's share of the equity, which I estimate will not cover the charge, or he could order my husband to pay the charge in full and sign the equity over to me . (wishful thinking)
A messy situation and could have been avoided if the Judge hadn't sided with the big corporation.