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Deafult CCJ lead to Charging Order even though it has been set aside

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  • Deafult CCJ lead to Charging Order even though it has been set aside

    I'll be as concise as possible:

    1. I provided a perosonal guarantee to a factoring company for my business. They also wanted a cross company guarantee from the holding company which wholly owned the original company.
    2. Company that used factoring became insolvent and was volutarily wound up.
    3. Factoring co were out of pocket around 5k but wanted the full value of the contract (over 14k).
    4. I tried to negotiate but they wouldnt go below 12k.
    5. They issued court proceedings against holding company and me personally.
    6. I defended the claim and sent defences via email to the court.
    7. Court only processed company defence.
    8. I got a default CCJ.
    9. I contacted the court and pointed out their error. They agreed that my defence had been overlooked. Said a judge would look at it.
    10. Almost 4 weeks later I was finally granted a set aside.
    11. Today I recieved a letter and court order for an interim charge against my house, issued 2 weeks ago, before the set aside was obtained giving me 28 days to serve an objection to the continuation of the charge.

    Am I correct in assuming that the grounds for the charge were that they had a judgment in their favour and that now it has been set aside that the charge should not stand?
    Tags: None

  • #2
    Re: Deafult CCJ lead to Charging Order even though it has been set aside

    If the Interim Charge was issued on the basis of the CCJ in question, then the set aside should overrule the interim charge as there is no longer a CCJ in place and if there is no CCJ in place then they cannot obtain an interim charge as an enforcement method.

    I would still write to the Court and explain that any interim charge is now invalid on the grounds that the CCJ in question has now been set aside, and submit a copy of the Order from the court confirming that it has been set aside.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

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