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

[Donny462]

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.

Thank you for your input atticus , this is all so wrong, yess, I understand if there is a judgement against me the judgement creditor is entitled to ask the court to secure it, but firstly, right from the beginning this person was told that I couldn`t afford to pay his fees and he told me in writing not to worry as the CA had to pay his fees. I voiced my concerns several times and each time was told not to worry, but I was totally naive and believed this person and when the CA refused to pay his fees, he came after me, and here we are! . To add insult to injury , this person walked off the job leaving my property still falling down due to Coal Mining Subsidence, and it has knocked tens of thousands off the value of my property , I doubt I could even sell it in this state, even for a knockdown price!

[Donny462]

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.

Thank you JK2054

Do you have any suggestions from the information I sent you, or is it a lost cause?

[atticus]

in post #16 the OP is making arguments that question the judgement against him. A judge hearing a charging order application will not go behind the judgement.

[JK2054]

lowkey not sure how you're a retirned solicitor if you've never seen a charge succesfully defended cant lie.

There are so many ways to defend it, you can start by seeing if you can set aside the judgement on appeal, challenge the service of the documents of the charging order, along with teh statutory obligations of the creditor. Equally can argue for JOP or for lower BITC and can do it that way.

I've defended 3/4 charging applications I've assisted LIP with, purely on procedure and only lost one.

[JK2054]

Thank you JK2054

Do you have any suggestions from the information I sent you, or is it a lost cause?

not sure what information you sent me sorry

[JK2054]

in post #16 the OP is making arguments that question the judgement against him. A judge hearing a charging order application will not go behind the judgement.

not true actually. you can apply to have the judgement set aside and as one of the terms of that application you can have the charging order set aside. As the charing order is not yet granted it wont be granted pending an appeal because the appeal would be circuit not district, so district couldn't issue the charging order.

[JK2054]

Thank you for your input atticus , this is all so wrong, yess, I understand if there is a judgement against me the judgement creditor is entitled to ask the court to secure it, but firstly, right from the beginning this person was told that I couldn`t afford to pay his fees and he told me in writing not to worry as the CA had to pay his fees. I voiced my concerns several times and each time was told not to worry, but I was totally naive and believed this person and when the CA refused to pay his fees, he came after me, and here we are! . To add insult to injury , this person walked off the job leaving my property still falling down due to Coal Mining Subsidence, and it has knocked tens of thousands off the value of my property , I doubt I could even sell it in this state, even for a knockdown price!

lowkey time to apply for a set aside

[atticus]

lowkey time to apply for a set aside

You may not have read the letter attached to post #9. I suggest you do that.

[atticus]

If the judgement creditor does everything right, JK's low key arguments fail. Maybe that is why my applications for charging orders were always successful.

[JK2054]

If the judgement creditor does everything right, JK's low key arguments fail. Maybe that is why my applications for charging orders were always successful.

that is true, and thats why i lost one i represented someone for because the creditor had done everything right and the money was well and truly owed.

[JK2054]

You may not have read the letter attached to post #9. I suggest you do that.

i did read the letter just now but makes no diff to me

[atticus]

i did read the letter just now but makes no diff to me

It does make a massive diff[erence] to the likelihood of the judgement being set aside. The OP lost a case in which his evidence was considered, so either after trial or on summary judgement, and has been refused permission to appeal.

[JK2054]

Sorry atticus but in the nicest possible way a back and forth conversation with you isnt going to add any value to the thread so my replies will only be to OP

[Donny462]

Hi JK2054

Thank you for your replies but I`m really confused by the comments between yourself and atticus ,

I`m really sorry but can I ask what you mean by `lowkey time to apply fpr set aside`?

Also, could you please explain paragraph two on post 19, you state you can argue for JOP or lower BITC , I`m really sorry but I am only a lay person and I don`t know what those mean?

I`m so grateful for any help you can give me, but have to admit that I .am feeling a little baffled right now and unsure what to do next.

Many thanks again for your help.

[JK2054]

did you get your n244 back yet?