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?
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?
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