Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

[Bayley]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

Bump.

Bx

[Amethyst]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

Hi Bayley, Apologies I had a few days off to catch up with some work. Have you got this sorted ?

You need to enter a witness statement spelling out the exact situation with the properties freehold/leasehold ownership etc, the lackof equity, any other debts,who lives with you, installments you are paying etc. I wouldnt hold my breath as its very likely a CO will be made final but it is worth putting your case forwards.

You need to work out the situation with freehold / leasehold of your property for this situation and for possible future problems if it ever cam to selling / bankruptcy etc. You wouldnt want your debt to result in your neighbours becoming homeless because your solicitor lost the plot halfway through sorting out the legalities of ownership. I think that should be a priority, and you should be able to show the court you are trying to do so via your witness statement so they only put a restriction on your part of the property.

[Bayley]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

Hi Bayley, Apologies I had a few days off to catch up with some work. Have you got this sorted ?

You need to enter a witness statement spelling out the exact situation with the properties freehold/leasehold ownership etc, the lackof equity, any other debts,who lives with you, installments you are paying etc. I wouldnt hold my breath as its very likely a CO will be made final but it is worth putting your case forwards.

You need to work out the situation with freehold / leasehold of your property for this situation and for possible future problems if it ever cam to selling / bankruptcy etc. You wouldnt want your debt to result in your neighbours becoming homeless because your solicitor lost the plot halfway through sorting out the legalities of ownership. I think that should be a priority, and you should be able to show the court you are trying to do so via your witness statement so they only put a restriction on your part of the property.

Amethyst,

Huge thanks for this!! I think it's worth a WS - and am assuming I will also need to attend court?

Think i need to mention that i wasn't given enough time to appeal

Should I also mention what OFT's new view on this is?

One last question - do I need to file my WS as a N244 plus fee? Or just send in my WS to court and Cabot's sols?

I cannot thank you enough.

Best,
Bayley

[Amethyst]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

Just a witness statement (you okay with the format needed?), copy to court, copy to morgans, and take three copies with you(in case they lose them)andyes,attend court....you have absolutely zero chance of getting out with no CO if you don't attend, so may as well have a day out and feel like you put up a fight....you might come up trumps, you never know.

The OFT stuff, yes mention it in the WS, but you wil need to draw paralells with the examples in the actual OFT undertakings and orders (than than the PR) and your case....if there are any. If there aren't leave it out.


Before that though, have read back through and theres some gaps...which we need to know really (cause they need to go on the WS)

Whats happened with the appeal ?

If thats over with and still have the 11k ccj, then are you going to make installment offer alongside the CO to protect yourself against a sale order ?

[Bayley]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

A, thanks again.

What happened to the appeal is.....I was give one week this summer to appeal but I was away and returned the day after the permission expired. I wrote to the DJ explaining this, didn't get a reply, sent it again and again no reply. Next thing I know, the Interim CO arrives.

Think i should be given a chance to pursue the appeal.

What is the normal deadline for a WS pre hearing?

HUGE thanks!

BX

[Amethyst]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

meant to be 7 days but anytime so the judge has it in his pile before the hearing should be ok.

I can';t say much on the appeal as I have no idea what the case is/was about and whether it is worth appealing or not.

Obviously if it is and you are pushing on with that the judge shouldnt allow a final charge and it should stay interim. But you need to apply for the appeal first.....

Need a bit more info on it Bayley really xx

[Bayley]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

I had two Cabot hearings one week in June. Two days before the first, my no win no fee sols returned the files and abandoned the cases, with less than zero notice. I lost both cases.

The DJ refused permission to appeal. I requested a N460 and then applied for an extension of time to seek permission to appeal.

While I was away, I rec’d an Order from the court granting me an extension of 10 days from the date of the Order. It expired the day before I returned home. I called the court and explained what had happened and was advised to write to the DJ explaining what happened. No reply. I re-sent it. No reply, just the interim CO.

For what it’s worth, in June, I applied to adjourn the hearing and stated that I would be unavailable between the dates on the Order giving me an extension of time to seek permission to appeal. Had the court actually looked at the file, they would have seen that I was not available during these dates.

Does that clarify things?

Am now going to research the new OFT attitude to COs (incidentally, what I quoted in one of my previous posts is directly from the OFT website).

Many thanks!

BXXX

[Amethyst]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

Ahh yes I remember your CAG thread. No I wouldnt appeal.

Did you disclose who your solicitors were ?

[Amethyst]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

With your witness statement include a full income expenditure and offer for monthly installments (instead of the CO - or alongside it to stop them getting a sale order)

[Bayley]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

Ahh yes I remember your CAG thread. No I wouldnt appeal.

Did you disclose who your solicitors were ?

Really, no appeal? Too complicated?

I disclosed who my sols were to the court - the sols v kindly wrote a letter for me stating they were unable to represent me but failed to tell me such a letter was utterly useless as they had never registered with the court.

Am finding all sorts of stuff re the OFT and charging orders - am trying to cut and paste but they are pdf files and not cooperating!!

Thanks for your help. BX
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With your witness statement include a full income expenditure and offer for monthly installments (instead of the CO - or alongside it to stop them getting a sale order)

OK - but what the point of a sale order be if the property is in negative equity?

Sorry to be naive!!!

BXX

[Bayley]

Re: Morgan's put an Interim charging order on my property - AND MY NEIGHBOUR'S!!

Here are the pdf files on the OFT and COs: