Charging Order Advice, can I remove or set aside?

[Iannun]

Hi and I hope I can get some advice. Sorry if I have cut across someone thread, if so I will start my own.

 

I have just had high court (only saying north east so my creditor cannot identify me) charging order made and confirmed. I was being represented but ran out of money. The solicitors sent the papers to the solicitor not me. I have just received from my former solicitor the final charging order judgement paperwork.

 

The house is in joint names and we are around £30K minus equity. I disabled and very ill. I have hospital treatment three or four times a week. I am out of work and my wife is my carer and we live on income support and DLA.

 

I had a judgement filed against me when I was in hospital for four months. I came out and they applied for a interim charging order. I engaged a solicitor and he got it set aside and the charging order dismissed. I fell ill again and missed the court deadline for information (I was in hospital for three months this time and on so many tablets and morphine) I could not make any decisions. My doctor sent a letter saying that my judgement and cognitive thoughts were impaired due to the medication, but I still missed the courts deadlines. I ended up with a judgement over £70K.

 

They then went for a interim charging order. Believe it or not I was receiving hospital treatment and they dropped me, breaking my arm. So another spell in bed was spent (I cannot walk unaided and therefore lived in bed for four weeks). I have then missed the date for the hearing last week. Today, I received through the post the charging order.

 

I am distraught, the wife is suicidal. What can I do? Can I get it set aside? My wife who is half owner never had a copy of the paperwork, so how would she as an interested party know and object to the order.

 

More importantly, can they now force sell the house, or evict us? As I said the figures are

 

Debt and judgement over £70K

Mortgage a couple hundred pounds in arrears

Negative Equity of at least £30K

Both on IS, I am on DLA.

Two children, one in School one at college.

 

Any help or advice would be gratefully received. Get evicted and we end up a further burden of the state. Not proud of where I am, but I did not elect to have the fork lift drop a machine on me at work forcing me to use crutches or a chair.

[liquidauctions]

Fill out an N244, include all the dates you were in hospital with a letter from them, write a simple statement saying that you could not have defended yourself due to being in hospital and pay the fee and you will get a court date. Due to the large figure, there is almost 100% chance the claimants will be in court to overturn the decision, So you should write why the charging order should be set aside? Are the costs over inflated etc etc. If its just a case of you havent got the money then its no good, If its a case of there is a genuine reason to have it set aside and you could have won the case on a solid defence then you wont have a problem.

Charging orders can only be given if there is a CCJ in place, I would send out 2 n244's, One for the charging order and one for the CCJ, If you just set aside the charging order then they can just come back for another. If you manage to get both set aside then they will get the ball rolling again. In the future if you cant attend court, Have an application put in to postpone the date.

[equinox747]

Fill out an N244, include all the dates you were in hospital with a letter from them, write a simple statement saying that you could not have defended yourself due to being in hospital and pay the fee and you will get a court date. Due to the large figure, there is almost 100% chance the claimants will be in court to overturn the decision, So you should write why the charging order should be set aside? Are the costs over inflated etc etc. If its just a case of you havent got the money then its no good, If its a case of there is a genuine reason to have it set aside and you could have won the case on a solid defence then you wont have a problem.

Charging orders can only be given if there is a CCJ in place, I would send out 2 n244's, One for the charging order and one for the CCJ, If you just set aside the charging order then they can just come back for another. If you manage to get both set aside then they will get the ball rolling again. In the future if you cant attend court, Have an application put in to postpone the date.

 

hi just to add: we have just lost an appeal: :-xalbeit on the grounds that it was too long after the judgment date : being 4years and 3 months before we put the appilication in: that fact that we didn't know we could put an application in, didn't seem to cut any ice: the opposing side's bank didn't even have a copy of an agreement, but because the judgment was entered into so long ago there was a poor chance of defending the case:, just a note that may be helpful: have you asked for a copy of your credit agreement? and also because you debt is over £5k a consumer advice solicitor will take it on, and i assume you will meet the criteria for legal aid? anyway best of luck. Consumer Credit Counseling Services are good people that can steer you in the direction of consumer solicitors in your area.

[debbbbsy]

hi just to add: we have just lost an appeal: :-xalbeit on the grounds that it was too long after the judgment date : being 4years and 3 months before we put the appilication in: that fact that we didn't know we could put an application in, didn't seem to cut any ice: the opposing side's bank didn't even have a copy of an agreement, but because the judgment was entered into so long ago there was a poor chance of defending the case:, just a note that may be helpful: have you asked for a copy of your credit agreement? and also because you debt is over £5k a consumer advice solicitor will take it on, and i assume you will meet the criteria for legal aid? anyway best of luck. Consumer Credit Counseling Services are good people that can steer you in the direction of consumer solicitors in your area.

If the claimant seeks to further enforce a claim, the Plaintiff has the right to challenge the original claim. To do this, you must make an application to the court for a "Declaration of Enforceability".

CPR 3.9 & 3.10, allow the courts to "overlook" errors of procedure as long as there is a good explanation for the error and there is merit in the underlying argument asked to be heard.

 

Refer to

 

[/url]Southern & District Finance Plc v Turner [2003 - British and Irish ...