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

[Donny462]

so what was your n244 answer?

They have told me to ring back in the morning so I have a feeling that the Hearing will be going ahead on Friday now as I don`t see how they are going to inform the Claimant that the Hearing has been deferred, considering it is Wednesday tomorrow. I can`t lie, I am really worried now, as I`ve submitted no evidence as to why the Interim Charging Order shouldn`t be granted as I am simply not in a head space to deal with it at the moment and was hoping my application to defer the hearing would be granted, I can`t even think straight right now!

[Donny462]

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.

Thank you atticus I had a feeling that you might say that, but what about them not serving Hatfield Main Colliery as they state there is no address on Companies House when the address is there for all to see, added to which the Claimant knows the address as he`s been dealing with them for many years on over 20 cases against them?

[Donny462]

atteys isnt an entity look at the SRA

JK2054 thank you for your reply. I`m really sorry but I don`t know what that means? Please could you explain?

Many thanks .

[Donny462]

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

Thank you JK2054 for trying to help me once again. I`m really sorry, I have to say again that I don`t understand what you mean? I usually consider myself to be quite intelligent but I`m really struggling with this, my head is a mess and I`m totally out of my depth right now . Please can you explain in basic English for me? I`m so sorry to be such an airhead right now, all I can put it down to is that I have a lot on my plate right now.

Also, do you think there is any sort of recourse for the fact that the Claimant states there is no address on Companies House to serve Hatfield main Colliery when the address is there for all to see and in any event, the Claimant knows their address as he has worked against then on over 20 cases apparently...his words, not mine.

Many thanks for any help you can give me.

[atticus]

Para 3 of the interim charging order shows that the court has not considered it important that Hatfield Main Colliery be served.

[atticus]

I am going to say it again. A judgement creditor is entitled to have an unpaid judgement debt secured. You should know this, given that you already have a small collection of charging orders.

[Donny462]

Thank you for your response atticus , I hear what you are saying, but I don't have to agree that it's fair as it is far from it! The Claimant clearly set out to con me, I reoeat, I was uofront and honest with him and told him I could not afford to pay his fees, he told me not to worry as I didn't have to as he would recoup them from the CA, when the CA refused to pay him, he came after me! I am not some woman who just doesn't pay her bills, in fact THREE times I offered to settle out of court in writing g, THREE times his Solicitor said he would discuss it with his client and come back to me, but they didn't! Then the Court gave him interest at 8% when banks have been giving 1% if you are lucky! Added to that, he has knocked a huge amount off the value of my property, so please forgive me if I'm not happy about the situation and don't wish to hand over a ridiculous amount of money to a man who hasn't earned it and has ruined my home in the process!

I am very grateful for you attempting to help me, but I'm certainly not happy about the situation that I am in.

[JK2054]

They have told me to ring back in the morning so I have a feeling that the Hearing will be going ahead on Friday now as I don`t see how they are going to inform the Claimant that the Hearing has been deferred, considering it is Wednesday tomorrow. I can`t lie, I am really worried now, as I`ve submitted no evidence as to why the Interim Charging Order shouldn`t be granted as I am simply not in a head space to deal with it at the moment and was hoping my application to defer the hearing would be granted, I can`t even think straight right now!

oh deferring the hearing day before is perfectly normal in the court system dont worry about that

[JK2054]

JK2054 thank you for your reply. I`m really sorry but I don`t know what that means? Please could you explain?

Many thanks .

means they're not a legal entity

[JK2054]

Thank you JK2054 for trying to help me once again. I`m really sorry, I have to say again that I don`t understand what you mean? I usually consider myself to be quite intelligent but I`m really struggling with this, my head is a mess and I`m totally out of my depth right now . Please can you explain in basic English for me? I`m so sorry to be such an airhead right now, all I can put it down to is that I have a lot on my plate right now.

Also, do you think there is any sort of recourse for the fact that the Claimant states there is no address on Companies House to serve Hatfield main Colliery when the address is there for all to see and in any event, the Claimant knows their address as he has worked against then on over 20 cases apparently...his words, not mine.

Many thanks for any help you can give me.

its in the document that i told you to use as a base

[JK2054]

Thank you for your response atticus , I hear what you are saying, but I don't have to agree that it's fair as it is far from it! The Claimant clearly set out to con me, I reoeat, I was uofront and honest with him and told him I could not afford to pay his fees, he told me not to worry as I didn't have to as he would recoup them from the CA, when the CA refused to pay him, he came after me! I am not some woman who just doesn't pay her bills, in fact THREE times I offered to settle out of court in writing g, THREE times his Solicitor said he would discuss it with his client and come back to me, but they didn't! Then the Court gave him interest at 8% when banks have been giving 1% if you are lucky! Added to that, he has knocked a huge amount off the value of my property, so please forgive me if I'm not happy about the situation and don't wish to hand over a ridiculous amount of money to a man who hasn't earned it and has ruined my home in the process!

I am very grateful for you attempting to help me, but I'm certainly not happy about the situation that I am in.

hate to break it, its not about what is deemed fair and whats not, thats not how courts work sorry

[atticus]

means they're not a legal entity

But, even if that is right, it is likely that someone somewhere will have their assets including the right to collect on this debt and therefore the benefit of the charging order.

[JK2054]

Yea but what i meant is that the claimant named the wrong entity. The entity that has atteys assets including their rights needs to be named and it is not

[atticus]

I am not so sure. If that entity has not changed the details registered in the restriction, the judgement creditor can do no other than send the necessary papers to the name and address that has been given. It is incumbent on Atteys' successor in title to monitor these things and update as necessary.

[JK2054]

chances a DDJ knows that are like 50/50 though