Advice re Interim Charging Order

[Ali2]

Thanks for your replies.

 

Yes it is a council tax debt, however, surely I have the right to argue my case!! The fact is, I never received any notification of the hearing date, so could not make a defence. In that case, surely I have the right to make a formal complaint to get it removed. How can a final charging order be legally in place when the defendant was not given the opportunity to state their case.

 

Also, is there a timescale between going from an interim to a final? And who instigates the final charging order ie, pushes for it, eg. the creditor which is the council. If someone could explain this to me, I would be very grateful, thank you.

[Ganymede]

What would your defence to the CO be?

 

There is no set time limit between the ICO and FCO it just depends on how busy the Court is really. They are both part of the same application process, they apply for a CO and an interim is immediately granted on paper by the Court to stop the debtor from trying to dispose of the property. The Court then lists the final hearing where both parties can attend and argue their case but the reality is that the CO is almost always made final.

[Ali2]

What would your defence to the CO be?

 

There is no set time limit between the ICO and FCO it just depends on how busy the Court is really. They are both part of the same application process, they apply for a CO and an interim is immediately granted on paper by the Court to stop the debtor from trying to dispose of the property. The Court then lists the final hearing where both parties can attend and argue their case but the reality is that the CO is almost always made final.

 

Thanks for your reply, Ganymede.

 

I have a defence, however, the Court did not inform me that there would be a final hearing. I have not received any papers or documents re defending my position. However, a couple of months ago I did receive a document from the Court with the information that the ICO had been "adjourned generally". So why this turnaround? I believe the court are obliged to notify all parties of the FCO hearing date. As I have said, I wasn't so I am going to contest this. If they have not informed me of the hearing date, and just gone ahead with the final order, I have not been given leave to provide evidence on my case which there is.

[Guest]

ali, does this thread continue from this one? http://www.consumeractiongroup.co.uk/forum/showthread.php?328748-Advice-re-Interim-Charging-Order

[Ali2]

ali, does this thread continue from this one? http://www.consumeractiongroup.co.uk/forum/showthread.php?328748-Advice-re-Interim-Charging-Order

 

Yes! But could not find my original posting!!

[AndyOrch]

Threads merged:yo:

 

Regards

 

Andy

[Guest]

how about making a discreet call to the court to find out what their records show re what has been sent out ie did they, according to their records, send out notice of the hearing? if you didn't receive notice, then maybe one ground to apply to set it aside? what was that last order/adjournment you had word for word, was there notice there?

as for the co itself, that is an enforcement option re non compliance with a liability order (no ccj needed re c'tax). from what you say, you made representations re a dispute (maybe why the adjournment?) and despite that they continued with the CO? did you dispute the LO and request LO hearing attendance? or make any representations re the LO soon after? in any event, i think you'll need to act quickly. have you consulted the cab?

Edited June 18, 2013 by Ford