Who is responsible for sending out hearing notice re charging order

[Ali2]

Hi

 

Hope someone can help.

 

I am currently fighting a Final Charging Order as I received no notice of the hearing date. The court is proving evasive in answering my questions including who is responsible for sending out notice of the hearing date, the Claimant's solicitor or the court?

 

I had an Interim Charging Order date adjourned, however, out of the blue, about a year later, received a Final Charging Order. The court are refusing to directly answer many of my questions so who can I escalate the complaint to outside of the Court? It took months for them to even answer my initial enquiry!!

 

Thanks in advance.

[mjt2013]

The Claimant is responsible for serving the initial interim charging order. If the hearing had then been adjourned the court is responsible for serving the notice of the next hearing.

[Ali2]

mjt2013, thank you for your very helpful advice. The court are refusing to take responsibility and are asking me to pay £80.00 to have the case set aside!

[mjt2013]

It seems rather odd that you received the notice a year later, how long was the adjournment supposed to be for?

[Ali2]

It seems rather odd that you received the notice a year later, how long was the adjournment supposed to be for?

 

It said "adjourned generally". However, I received the Final Charging Order over a year later. The case had been listed a few months before, the solicitors for the other side received the hearing date but I received nothing! So who is responsible for not informing me!!

[AndyOrch]

I wasnt aware that there were hearings for Interim Charging Orders...only final Charging Order.The £80 fee to set a side will be for the CCJ (Judgment) not Charging Order.

 

Andy

[mjt2013]

There isn't a hearing for interim orders, Andyorch.

[AndyOrch]

I know mjt2013 that is what I have just stated.

[mjt2013]

I'm not sure why you've raised the point, no one else has? Do you have anything to add to the OPs question?

[AndyOrch]

The process follows CPR 73.3: Application for a Charging Order.

 

1.The creditor successfully obtains a County Court Judgment (CCJ)

2.The creditor applies for the Interim Charging Order (no hearing) [n379]

3.Interim Charging Order made [n86]

4.Hearing for the Final Charging Order (Can be transferred to debtor’s local court)

5.Interim Order discharged or Final Charging Order Granted [n87]

 

 

It makes no odds Ali2 whether notice was served or not (if you attended or not)...you cant stop the Charging Order you question the Judgment CCJ (set a side) as the court has correctly advised.

 

Regards

 

Andy