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26th October 2016, 12:21:PM #1
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?
26th October 2016, 13:36:PM #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.Any posts made by myself are intended as general guidance in relation to your rights and responsibilities, and does not constitute legal advice nor does it create any kind of relationship. No liability can be accepted for any losses, omissions or errors that may arise from your reliance on any advice, information or other matters published on this forum by me. Should you require legal advice, you can do so by using the Law Society's Find A Solicitor or contact your local Citizen's Advice Bureau.
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