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

[Donny462]

Hi JK2054

No, I haven't heard a word, other than an email acknowledging receipt of the N244.

Should I put something together today and submit to Court, or just wait and hope the Hearing is deferred?

I note you say that you've won a number of such cases, please can you tell me how as I am worried to death and desperate.

Thank you again for your advice to date.

[JK2054]

You should call the cout first thing monday, and tell them you need an answer to your n244.

[Donny462]

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.

Hi JK2054

I`m really sorry for keeping bothering you, but in your above post you state there are several ways in which a charge can be successfully defended, from what I`ve posted, can you tell me if I am able to defend the charge?

You`ve also stated that can argue for JOP and lower BITC and can do it that way...what does JOP and BITC mean please?

You say that you have defended three out of four charges and only lost one, I`d be really grateful if you would tell me how, as you said in a previous post that if I sent you some background information that you would draft something up for me, as you know, you haven`t drafted anything up for me and I don`t expect you to do it for me, but I would be really grateful if you could tell me how to go about it as your post gave me a little hope, but now I`m just floundering, and not sure which way to turn to be honest.

Thanking you in anticipation...oh and yes, I will ring the Court first thing tomorrow morning to see if they can tell me anything but when I rang them last, they told me that their staffing levels have been cut from 11 to 3 so they are taking longer than normal to do things...just my luck !

[atticus]

He says that his success is "purely on procedure". That means that he checks that the judgement creditor has done everything correctly, and if he finds a flaw he draws it to the court's attention. He has agreed with me that if the judgement creditor has done everything correctly - which really is not difficult - the charging order will be made final (post #25).

I am as much in the dark about the meaning of those acronyms as you are.

[JK2054]

He says that his success is "purely on procedure". That means that he checks that the judgement creditor has done everything correctly, and if he finds a flaw he draws it to the court's attention. He has agreed with me that if the judgement creditor has done everything correctly - which really is not difficult - the charging order will be made final (post #25).

yep you can't defend one that is correctly formed.

[JK2054]

Hi JK2054

I`m really sorry for keeping bothering you, but in your above post you state there are several ways in which a charge can be successfully defended, from what I`ve posted, can you tell me if I am able to defend the charge?


No because I havent seen what documnets have been filed by the sols and what their contents is so I can't see iff the correct procedure has been followed

You`ve also stated that can argue for JOP and lower BITC and can do it that way...what does JOP and BITC mean please?

again as has been said on this forum, it is just arguing that the proper procedure for the charge has not been followed, for example if paperwork was not served on other interested parties (e.g JOP - Joint ownership parternship) then you can object to the charging order because the procedure has not been folowed

You say that you have defended three out of four charges and only lost one, I`d be really grateful if you would tell me how, as you said in a previous post that if I sent you some background information that you would draft something up for me, as you know, you haven`t drafted anything up for me and I don`t expect you to do it for me, but I would be really grateful if you could tell me how to go about it as your post gave me a little hope, but now I`m just floundering, and not sure which way to turn to be honest.

Yes but im from an area where the solicitors are second class so rarely are bothered to do everything correct. If the solicitors do it right its a guaranteed loss sadly. The only defence is to inspect their paperwork and service and see if it was served correctly with the full procedures being followed. If not then you can object. You would need to see if all their documents follow the correct proecudre, and have been served duly as required. I can't draft anything because you haven't posted any of the paperwork from any of the solicitors so I have no idea of knowing if they have done what they need to do or not.

Thanking you in anticipation...oh and yes, I will ring the Court first thing tomorrow morning to see if they can tell me anything but when I rang them last, they told me that their staffing levels have been cut from 11 to 3 so they are taking longer than normal to do things...just my luck !

Frankly you could care less about their staffing levels, you need to make it clear that you have made an emergency N244 given your mothers situation, and they need to deal with this matter immediately. If they get upset then tell them they have a duty to treat court users fairly considering their circumstances.

[Donny462]

He says that his success is "purely on procedure". That means that he checks that the judgement creditor has done everything correctly, and if he finds a flaw he draws it to the court's attention. He has agreed with me that if the judgement creditor has done everything correctly - which really is not difficult - the charging order will be made final (post #25).

I am as much in the dark about the meaning of those acronyms as you are.

Ahh right, thank you I understand now.

[Donny462]

Frankly you could care less about their staffing levels, you need to make it clear that you have made an emergency N244 given your mothers situation, and they need to deal with this matter immediately. If they get upset then tell them they have a duty to treat court users fairly considering their circumstances.

Thank you so much JK2054

I am going to post the papers now, obviously I have blocked out details but from what I can see, the things there may be a problem with are:-

Point 6 of the Application, Other creditors. The documents cannot have been served on Attey`s Solicitors as they were taken over by another Firm 10 years ago and the address is incorrect.

Point 7 of the Application, Other persons to be served, the papers can`t possibly have been sent to the Joint owner of the property as he is my ex and he hasn`t lived here for 19 years, the Claimant is fully aware of this matter as he has asked in the past about the Joint Owner and been made aware that he moved out of the area many years ago and also, in the matter this case is about, he dealt with my new Partner and addressed all correspondence to my new Partner and I at our home address.

Also Point 7 of the Application, it basically admits the papers were not served on The Hatfield Main Colliery Company Limited as it states `no address shown at Companies House`- this is actually ridiculous as the Claimant is well aware that all matters relating to Hatfield Main Colliery are dealt with by the Coal Authority at Nottingham Offices as the Claimant has been dealing with them for the last 7 plus years in the case that this charge relates to! The work that the Claimant carried out, was for me against Hatfield Main Colliery via the Coal Authority for serious Coal Mining Subsidence to my property !

Please can you tell me if the above comments by me on the documents served may stand a chance of success in getting the Application Discharged ? If so, how would I word my objections please?

Many thanks for any help you may be able to give me.

[atticus]

Regarding Atteys solicitors, what details are shown in the entry for this charging order on your Land Registry title document?

I am not convinced that you have strong prospects of resisting this application. JK2054 may differ.

[JK2054]

contest all day but lowkey might not win becuase there's not that many errors

[Donny462]

Regarding Atteys solicitors, what details are shown in the entry for this charging order on your Land Registry title document?

I am not convinced that you have strong prospects of resisting this application. JK2054 may differ.

Once again, Many thanks atticus for your response. I really appreciate your help.

The Land Registry entry for Attey`s states:-

(12.11.2010) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration of their conveyancer that written notice of the disposition was given to Attey`s Solicitors at 31 Regent Street, Barnsley, S70 2HJ, being the person with the benefit of an interim charging order on the beneficial interest of **************** made by the Barnsley County Court on 21 October 2010. (Court reference ******).

It then states the same as the above for Attey`s final Charging order.

[JK2054]

so what was your n244 answer?

[atticus]

It's as I thought. If Atteys can't be bothered to update their address for notices about their charging order, service to the address they have given is good service.

[JK2054]

atteys isnt an entity look at the SRA

[JK2054]

Use the points of this as a basis, ignore the format its auto generated.

I've tried to keep it simple rather than referring to laws and cases to aviod confusion as your a LIP