Interim Charging Order-Mother dying, can I delay please?

[atticus]

Yes, they are. The only change is the hearing date.

NB you may find this post interesting: https://legalbeagles.info/forums/for...-k-restriction

[Donny462]

Hi atticus

Thank you for your response, and the information on the link is very helpful, thank you so much.

[Donny462]

lowkey time to apply for a set aside

HI JK2054

This is the post where you said it might be time to apply for set aside.

Regards

[JK2054]

Yep so you should apply to set aside the judgement itself, aswell as defend the interim charing order based on procedure. I would also put them to proof of their service, and ask for completed COS forms. If thye have served they should have them. If they don't the court should throw it out. Won't be an easy run, but is pretty achievable if they're second class solicitors as usual.

[Donny462]

Yep so you should apply to set aside the judgement itself, aswell as defend the interim charing order based on procedure. I would also put them to proof of their service, and ask for completed COS forms. If thye have served they should have them. If they don't the court should throw it out. Won't be an easy run, but is pretty achievable if they're second class solicitors as usual.

Thank you so much JK2054 for your response, as always, I am so grateful. Just one question, please could you tell me what COS forms are ?

Many thanks

[Huxie]

COS = Certificate Of Service

[Donny462]

COS = Certificate Of Service

Thank you so much for your reply Huxie , it is so obvious when I see it written down too, sorry for living up to my hair colour lol, i.e I am blonde , but it`s no excuse .

[Donny462]

Hi JK2054

Can I just ask a couple more questions please before I have to file my Defence on Friday, then I promise I will leave you alone.

Firstly, my property is on 2 separate title deeds, one is my house and two acres, the other is the rest of my land and my two barns. The Claimant has filed identical papers for each title deed number, yet they both come under the same claim number, please can you tell me do I also have to file a set of papers for each land title number?

Secondly, the joint owner of my house is my ex who hasn't lived here for 19 years, the Claimant is well aware he doesn't live here as he has dealt with my new Partner for the last 8 years , yet he served his papers at my address. In my defence do I point out that the joint owner of the property hasn't lived here for 19 years yet the Claimant served his papers here?

Finally, when I file the N244 to set aside the charge, do I file it with a copy of my defence attached to it, or do I just list my reasons for asking for the charge to be set aside please,?

Many thanks for all of your help to date, you have no idea how grateful I am as win or lose, at least someone has tried to help me and that means the world.

[atticus]

If there are 2 separate charging order applications, you will need to respond separately to each application. If the 2 titles are covered in one charging order application then one response will be sufficient.

Yes, notify the joint owner's address.

[Donny462]

If there are 2 separate charging order applications, you will need to respond separately to each application. If the 2 titles are covered in one charging order application then one response will be sufficient.

Yes, notify the joint owner's address.

Thank you so much for your reply and advice atticus , it is very much appreciated.

[Donny462]

Yep so you should apply to set aside the judgement itself, aswell as defend the interim charing order based on procedure. I would also put them to proof of their service, and ask for completed COS forms. If thye have served they should have them. If they don't the court should throw it out. Won't be an easy run, but is pretty achievable if they're second class solicitors as usual.

I have submitted an N244 to apply to set the order aside, but although there is one Claim number for the two title deed numbers for my property, the Claimant has submitted two identical but separate applications, do I therefore have to submit two separate N244`s which are basically going to be identical also, and of course have to pay for two N244 applications? Please can anyone advise me asap as if I have to submit two, I will have to send the other today.

Many thanks.

[JK2054]

How many charging orders are there and what claim numbers are they linked to?

[Donny462]

Hi JK2054
,

Thank you for your reply.

There are 2 charging orders, one for each title deed for my property, but they are both linked to the same claim number.

[JK2054]

ok so you apply to set aside judgement for one claim number, whcih would then mean the judgement for the two charging orders no longer exists.

[atticus]

I have said earlier after having read documents uploaded by the OP, which detail the case and how judgement was entered after trial, that an application to set aside judgement has little chance of success. The OP should be wary about making an application that could well increase the costs he has to pay. We should not be encouraging him on that course.