• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

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

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
    Working...
    X