Charging Order

[dangar786]

Dear Legal Beagles

I am having a DCA place a charging order on my home to do with a large debt.
This CCJ that was made that I knew nothing about, is now being moved to a Charging Order.

Given I have not receive any CCJ or applications to Court etc my plan is as follows:
1. Rebut the Charging Order on the basis I was not aware of the debt. and or subsequent Court
2. Explain in my objection that I intend to set aside the original CCJ - now that I have learnt about it.

I am an entire lay person so if this is the wrong procedure please feel free to correct me.

I am hoping and expecting a Judge to set aside the Charging Order whilst I at least have the opportunity to set aside the original CCJ havent not known anything about it.
My other dilemma is I need to sell my home within 3-6 months from now, so if the Charging Order remains and its all being contested - I assume when the property is sold monies will be released to the DCA, but if I am successful at contesting the original order they hand me back that money (I am confused - what if they stop trading?)

I have pre charging order hearing offered to make payments however the DCA has told me politely to "clear off" - multiple times. I am hoping to raise this with a Judge that a charging order is an extreme measure to something I am trying to sort out without one - but they refusing payment?



Any of your opinions would be helpful.
Many thanks

[Pezza54]

Have you received court notice of an interim charging order? If so you should write asap to the court objecting to the charging order before the final charging order is issued. The court should arrange a hearing

Please read "Charging orders" at www.citizensadvice.org.uk You are correct, you should object on the grounds you were not aware there was a CCJ against you and you have applied to the court to set aside the CCJ

Under "SHORTCUTS" on the right side of this page there is advice on how to set aside court judgement. Click on "Set aside application"

You need to find out information about the particulars of claim and decide whether you have a reasonable prospect of success if you defend the claim in court
Advice is provided on how you can find out info about the claim
If you consider you can make a strong defence (such as Default Notice not served by the creditor) you should draft your "Defence"

Now you are aware about the CCJ, and after you have obtained the claim number, claim form with particulars of claim, you should file with the court your application notice to set aside the CCJ using form N244 and paying the court fee. Serve a copy on the claimant

You will need to enclose your Witness Statement (providing any reason you did not receive the claim form along with evidence if you have any) as well as your Defence document

[dangar786]

Thank you
N244 submitted just waiting on outcome now