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

[Donny462]

I have just been served with an Interim Charging Order , the hearing is 16th August but I have to have my evidence in 7 days before that date. My Mother is currently in hospital dying , am I able to delay the hearing so I can be with my Mother ? I've always been extremely close to Mum and I'd to think of her dying alone.

Please can anyone advise?

Thank you

[atticus]

Contact the court and ask.

[JK2054]

I have just been served with an Interim Charging Order , the hearing is 16th August but I have to have my evidence in 7 days before that date. My Mother is currently in hospital dying , am I able to delay the hearing so I can be with my Mother ? I've always been extremely close to Mum and I'd to think of her dying alone.

Please can anyone advise?

Thank you

Yes you will need to pay £119 though sadly.

You will need to fill an N244. I can't think of any reason that the judge would reject it, but just make sure it is filed ASAP.

You could also contact the DFNT and ask them if they will consent to the hearing be adjourned and then use that in your applicaiton to, but the most important thing is to make your n244 quickly, and no later than next tuesday (if you contact the DFNT). If not contacting the DFNT you should make sure it is filed with the court by sunday evening.

This goes without saying, I am sorry to hear of your situation, and wish you the best in what will be challenging times going forward.

[Donny462]

Contact the court and ask.

Thank you atticus

[Donny462]

Yes you will need to pay £119 though sadly.

You will need to fill an N244. I can't think of any reason that the judge would reject it, but just make sure it is filed ASAP.

You could also contact the DFNT and ask them if they will consent to the hearing be adjourned and then use that in your applicaiton to, but the most important thing is to make your n244 quickly, and no later than next tuesday (if you contact the DFNT). If not contacting the DFNT you should make sure it is filed with the court by sunday evening.

This goes without saying, I am sorry to hear of your situation, and wish you the best in what will be challenging times going forward.

Thank you so much for your advice JK2054 , and thank you also for your best wishes, I really appreciate both . I won`t be contacting the DFNT as it is highly unlikely he will consent to the hearing being delayed as he hasn`t been at all helpful all of the way through, and to be honest, I can do without the upset of him refusing me before the Court even knows about my sad situation, but thank you again anyway.

[JK2054]

In that case you should send off an N244 before the weekend is over. If you need help please let us know and I'm sure we can assist

[Donny462]

In that case you should send off an N244 before the weekend is over. If you need help please let us know and I'm sure we can assist

Thank you for your reply. The N244 was filed on Sunday. I haven`t heard anything back from the Court yet apart from an email acknowledging receipt.

Sadly, my Mum passed away at 8.54am today, I am heartbroken but also extremely worried about this Hearing scheduled for 16th August as my evidence to support my arguments against the Interim Charging Order needs to be in by this Friday. I do not feel in a fit state mentally or emotionally to put together anything rational to submit to the Court by Friday, I have had no sleep for days as I`ve been at Mum`s bedside, and as well as being physically exhausted, am emotionally spent!

Please can you advise what I should do? Do I cobble together something for Friday in case my N244 is refused, or do I sit tight and hope it`s agreed so I can then put in a better defence before the new Hearing Date? I feel anything I put together at the moment would not be my best effort by a long way as I just can`t think straight and I don`t want to put in something which isn`t worthy, which then I will have to use for a new Hearing date if one is allowed?

I`m so sorry for bothering you again, I`m sure you are extremely busy.

Thanking you in anticipation.

[JK2054]

Hello,

Firstly, I am very sorry for your loss, and I send my condolences to you.

Secondly, for the avoidance of any doubt, you are not bothering me by asking for help.

If you don't mind can you post up some vague information about what the case was originally about and what happened which led to the charging order hearing, and I shall see if I can draft something for you, that at the least, will give you some extra time. I've appeared with quite a few LIP in charging order cases so have some pre set arguments that tend to work.

In regards for what to do now, it is difficult to advise really, because I can only imagine the pain you will be going through, and so trying to prepare court documents really won't be easy nor a productive use of your time really. I would hope that any judge that is sitting on a case, particularly a charging order, would adjourn the hearing in circumstances like this, but the concern is that the adjournment file may not get looked at intime.

If you can post up some vague details of the case I can draft some documents that you can base your response off of. Other than that really all you can do is try to scrape together something or just hope your n244 for adjournment succeeds. Really its quite hard to tell on that.

When you submitted your N244 did you provide any medical evidence of the situation? I'm just thinking that if it was simply a WS stating what was happening without evidence, a judge might refuse it on the grounds they think its false, as harsh as that sounds I do want to be honest.

[Donny462]

Hi JK2054

Thank you for your very detailed reply, I am very grateful.

When I submitted the N244, I sent medical evidence from the Ambulance Service detailing their 999 call to attend to Mum and taking her to hospital plus full write up of her symptoms and how she was presenting. I also sent her Dr`s record of what had happened, and informed them that I would send the Death Certificate as soon as I have it. I have written today and informed them of Mum`s passing.

I am attaching a letter to this which I sent to numerous Solicitors in an attempt to get them to represent me for this Hearing, many didn`t want to know as they didn`t wish to be involved in clearing up the mess left by someone else. Those who were willing to act for me, wanted between £15,000 to £20,000 to read through all of the documents and then provide objections to the N244 this Friday and act for me at the Hearing on 16th August, I felt those fees were excessive, and I don`t have anywhere near that amount of money anyway.

I have two barns on my property with full Planning permission to convert to Residential. When we took on this individual to act for us in arbitration against the Coal Authority , he wanted to know every detail about the Planning for our barns, he even got copies of the Planning Permission from the Council`s Planning Department, and got copies of the Architects drawings, we thought this odd and when we questioned him why he needed it, he stated he wanted to have full background of the whole property to `get the feel` of the place. We now feel it was his intention right from the beginning to pursue us for fees which he knew we couldn`t pay, and then to go after gaining ownership of my barns, as surely after acting against the Coal Authority 24 times, he would have known that they wouldn`t have to pay his fees if they`d refused to accept him an an independant expert, which the Coal Authority refused to accept him right at the beginning and when I raised concerns about the fact that the CA had said they wouldn`t pay his fees, he said this was entirely normal and was a game the CA liked to pay, but that in the end they always paid!

If there is any more information that you need, please do not hesitate to ask, but i`m conscious of not wanting to bury you under a pile of papers, as believe me, I could write a book on this whole fiasco!

Thanking you again in anticipation.

[atticus]

There is one simple point that has not been mentioned. You have a judgement against you. If you do not pay it, the judgement creditor is entitled to ask the court to secure it.

[DE DOGS]

There is one simple point that has not been mentioned. You have a judgement against you. If you do not pay it, the judgement creditor is entitled to ask the court to secure it.

I understood that if there is a CCJ, and no payments are in default, enforcing the charge would be very difficult.

[JK2054]

Hi JK2054

Thank you for your very detailed reply, I am very grateful.

When I submitted the N244, I sent medical evidence from the Ambulance Service detailing their 999 call to attend to Mum and taking her to hospital plus full write up of her symptoms and how she was presenting. I also sent her Dr`s record of what had happened, and informed them that I would send the Death Certificate as soon as I have it. I have written today and informed them of Mum`s passing.

I am attaching a letter to this which I sent to numerous Solicitors in an attempt to get them to represent me for this Hearing, many didn`t want to know as they didn`t wish to be involved in clearing up the mess left by someone else. Those who were willing to act for me, wanted between £15,000 to £20,000 to read through all of the documents and then provide objections to the N244 this Friday and act for me at the Hearing on 16th August, I felt those fees were excessive, and I don`t have anywhere near that amount of money anyway.

I have two barns on my property with full Planning permission to convert to Residential. When we took on this individual to act for us in arbitration against the Coal Authority , he wanted to know every detail about the Planning for our barns, he even got copies of the Planning Permission from the Council`s Planning Department, and got copies of the Architects drawings, we thought this odd and when we questioned him why he needed it, he stated he wanted to have full background of the whole property to `get the feel` of the place. We now feel it was his intention right from the beginning to pursue us for fees which he knew we couldn`t pay, and then to go after gaining ownership of my barns, as surely after acting against the Coal Authority 24 times, he would have known that they wouldn`t have to pay his fees if they`d refused to accept him an an independant expert, which the Coal Authority refused to accept him right at the beginning and when I raised concerns about the fact that the CA had said they wouldn`t pay his fees, he said this was entirely normal and was a game the CA liked to pay, but that in the end they always paid!

If there is any more information that you need, please do not hesitate to ask, but i`m conscious of not wanting to bury you under a pile of papers, as believe me, I could write a book on this whole fiasco!

Thanking you again in anticipation.

you should be fine to be honest if you sent the medical evidence because I cant see a judge saying no. Try email the court and chase for the order.

[atticus]

I understood that if there is a CCJ, and no payments are in default, enforcing the charge would be very difficult.

You may well have understood that. But first of all, a charging order secures payment. It is not necessary to move on to the next step of a possession order.

[JK2054]

stop assuming there wil be a charge. Charges are fairly simple to defend frankly

[atticus]

If there is an outstanding judgement and the debtor has an interest in property, how would you contest an application for a charging order over the debtor's interest in that property?

I have never seen it successfully done.