Interim Charging Order help please

[EttiB]

Hello,

I have received an interim charging order about an outstanding debt. The debt has been handled by Lowell. They contacted me in 2019 with a Court Application. I have responded online and sent Lowell a SAR. The SAR showed they are chasing a debt from 2002, but could not provide any of the needed documents (assignment letter, credit agreement, etc). After I filed the response online I got a reference number but then the case was dropped from the system for some reason. I wrote to Lowell to ask them if the reference number for the claim has changed but not heard anything since last week.

It would appear a hearing was held in 2021 (I have NOT received any notification or any correspondence whatsoever neither from the Court, nor from Lowell). On that hearing a CCJ was apparently handed down against me. 3 years later, Overdale (acting on behalf of Lowell) have taken out an interim charge order against an equity I have in the house I am living in. I was very clear in my response back in 2019, that Lowell's have not provided any of the documents needed to pursue the debt and I am convinced that debt was paid off in 2003 (I sold my property and moved abroad for a few years, clearing all my then outstanding debts).

I have no idea where to begin with this - never had to deal with anything like that. I have sent for a SAR to Lowell's, as I do not keep the previous SAR from 2019.

Can someone advise what do I need to do? I have read the forum and there are mentions of N224 forms and abbreviations that I do not understand

Thank you in advance.

[Pezza54]

Hi
Welcome to LB

Please read the guidance at www.gov.uk/government/publica...ng-orders-ex32....

Your time is limited to write to the court to oppose the interim charging order before a final charging order is issued
No forms are mentioned so you should do this by letter enclosing any evidence you have
There is no fee to pay

Hopefully the judge will arrange a hearing to consider your reasons and evidence

Sorry can't get the link to work, try googling " government publications third party debt orders and charging orders"

The guidance is titled "Respond to a Charging Order"

[atticus]

First of all, you are going to have to apply to set aside that judgement. Until the judgement is set aside, it will stand and the court will make the final charging order.

[JK2054]

Yea echoing atticus and going against pezza here again as usual really, not entirely sure what advice he/she is giving.

You need to fill n244 to set aside judgement, put the reason that you were not aware of hearing, did not attend, did not receive judgement nor enforcement.
You also need to put that you have a reasonable prospect of successfully defending the claim, as this is a requirement.

If you file this to the same court as the interim (admin wise) you should see that the charing order will be delayed pending your n244 application. It's also worth contacting the court to get copies of the judgement etc. There will be a £11 copy fee (don't quote me it may be different now) but this will be worth it in the long run.

Hope this makes sense.

[Pezza54]

My advice was following government guidelines.
The guide was updated 22 May 2024
Follow JK2054's advice if you want to go against official guidelines
Efpom was right about JK

[JK2054]

you can't oppose a charging order if you owe the money unless its procedurely wrong.

shame you really have no idea what your saying pezza.

[Pezza54]

I can't believe you are still arguing against all advice available to read on the internet: government guidance, CAB, moneyadvisor.co.uk, national debtline
Are you mistaking an interim charging order for a final charging order?

[atticus]

Perhaps you could identify the guidance you have in mind, Pezza54 . Without wising to join the slanging match, my views are as stated earlier.

[Huxie]

For info: Pezza54 ’s link in post #2 is incomplete and therefore doesn’t work. The full link is:
https://www.gov.uk/government/public...g-orders-ex325

[JK2054]

I can't believe you are still arguing against all advice available to read on the internet: government guidance, CAB, moneyadvisor.co.uk, national debtline
Are you mistaking an interim charging order for a final charging order?

there is a CCJ owed. There is no reason an interim wouldn't be issued. You need to set aside the judgement before you can challenge a charing order, interim or final it makes very little difference when it coems to challenging it.

i've seen these cases through the court system, respectfully i know how they work

[Pezza54]

The interim charging order has already been issued and OP has a time limit to prevent a final charging order being issued
From OP's first post they appear to have grounds to dispute the interim charging order (case dropped on system, unaware ccj issued etc)

[atticus]

Which is why they need to apply to set aside the judgement. The advice on the government page does not contradict that, The OP can then oppose the application to have the charging order made final on grounds that he has applied to set aside the judgement.

[JK2054]

literally what atticus said.

the fact he doesnt know is great but he needs to apply to set aside...

[Pezza54]

Agreed
Just a shame we didn't reach this position in post 3 or 4

[JK2054]

your the one that said my guidance to set aside was against gov guideliens...