Grounds to Set Aside Charging Order???

[mac2lrk]

I could do with some help..

My husband and I are divorcing. He has a CCJ and now a charging order against the property which is joint owned although he doesn't live there anymore. He was unable to attend the CCJ redetermination hearing as he is a merchant seaman and was away at sea. He sent the court a statement explaining this with documentation from his Captain. Incasso's claim was dismissed but the judge gave permission for them to apply for charging order.

 

The charging order was approved basically because of the length of time it would take to pay back the CCJ ( 15 years). I also sent an objection to the court stating mercantile credit case as my husband has not defaulted on the CCJ.

 

The judge also said that if my ex had appeared at the redetermination hearing, then he would not have given Incasso permission to apply for a charging order.

 

Are these valid grounds to have this set aside?

[cerberusalert]

Moved to legal forum.

[supasnooper]

If your husband can show that he didn't receive the Court papers due to the nature of his work, then yes, it would be a good starting point.

However, he personally, would have to apply for the set aside.

 

Have look at the links below-

 

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

 

CCJ removal inc. step by step guide

 

Applying for a Set-aside

 

 

Please keep all the info to this thread as starting new threads will disperse any advice given. ;-)

Edited November 17, 2009 by supasnooper