Charging order hearing tomorrow

[hotcatuk]

Please could anyone tell me if a reason for stopping a charging order is because a default notice wasn't issued. Are there any cases to quote? please. I need as much info as possible for a final hearing tomorrow.

[sequenci]

Hello there.

 

Welcome to the forums, I have a couple of questions for you..

 

Did you challenge the original CCJ at all?

Have you sent any objections to the court or the creditor?

[hotcatuk]

HI, Thank you for replying. I didn't know a CCJ had been applied or that there had been an interim charging order. All the information re date of judgment, charging order etc. had been sent to my solicitors and they did not action it or inform me that they had decided not to carry on as they expected to lose!

[sequenci]

Where did the original claim form go to?

[hotcatuk]

The original claim form was sent to my, I filled it in and returned it. I then did the next bit beginning with a but I can't think what it is and then a hearing date was set and at that point I passed it to a solicitor, everything was then sent to him

[sequenci]

Did you admit the original judgment or file a defence?

 

The problem is that things such as default notice issues need to be raised at CCJ stage, it's unlikely your argument will wash with the judge tomorrow I'm afraid to say

[hotcatuk]

I filed a defence. The default notice was raised then and all along. The only reason not raised at CCJ was no one was at the hearing. I didnt even know it was on. Because of my solicitors negligence, is that a reason to stop charging order and maybe get ccj set aside?

[hotcatuk]

What are reasons for judgment being set aside? does that fact that I didn't know there was a hearing valid?

[sequenci]

I filed a defence. The default notice was raised then and all along. The only reason not raised at CCJ was no one was at the hearing. I didnt even know it was on. Because of my solicitors negligence, is that a reason to stop charging order and maybe get ccj set aside?

 

Hello again.

 

On what grounds did you defend on, and if you filed a defence why did you not attend the defence hearing?

[harrassed senior]

I think the OC is saying that once passed to his Solicitor, he heard nothing further.

[sequenci]

I think the OC is saying that once passed to his Solicitor, he heard nothing further.

 

If this is the case then they need to take issue with the solicitor, possibly look to take a complaint with them + then on to the legal ombudsman.

 

I'm not sure it'll stop the CO though

[hotcatuk]

Thank you for info. I have raised complaint with solicitor (advice from legal ombudsman) they are trying to sort it out, but have still got judgment. Charging order was granted today despite 21 day rule not having been followed. I think it is probably impossible to win against the DCAs. The judge just seem to be in favour of them. To this date no default has been issued, I have never seen proof of debt.