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Royal bank of scotland Wescot credit services and Drydens Limited

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  • #31
    Originally posted by robkeleuk View Post
    So, digging further it looks like I need to write an objection to court and the copy to the creditor or their legal representatives.

    It does mention that I will have to have potential grounds for the objection.

    Would the grounds that N244 claim form was submitted to court on 19th March and I was waiting for the outcome before getting into any talks with Drydens be sufficient grounds? I do not fully know if their are genuine RBS representatives after all.
    The Charging Order date is the 4th March 2026. You need to check when you received details of the Charging Order, the CPR protocols is that should have been served within 28 days, if they failed to do that, you can ask for it to be 'set aside'. Do a bit of research on that.

    You need to write to both, the Court and Drydens
    1. Check Service Date: Calculate the time between the date of the Interim Charging Order and the date it was actually received.
    2. Object in Writing: If you received the order late, you can submit an objection in writing to the court and the creditor.
    3. Request Discharge: Mention that the creditor failed to comply with the 28-day service requirement.
    4. Apply to Court: If a final order was made despite late service, use form N244 to apply for the order to be set aside, quoting the failure to serve
    a) that you have a pending N244 Application to the Court and are awaiting and are awaiting details / Hearing date.

    b) that you received details of the Charging Order on XX/XX/XX, which you object to because .................................................. .

    You did a Witness Statement do the same here, so everything follows logically and you are setting out the 'objection'.

    Cross reference evidence.

    Email copies to the Court and Dryden's.

    Comment


    • #32
      Thank you.

      I have looked at all the paperwork that I have and these are following timelines:

      9th Feb 2026 - claim issued against me but it is only for £11k debt claimed to be owed.

      My acknowledgment of service was submitted on 04/03/2026 at 17:48

      A judgment was issued against you on 04/03/2026 at 19:09

      My acknowledgment of service was received on 05/03/2026 at 08:05:15


      4th March 2026 - judgment for claimant issued by court stating that I have not replied to the claim form and it is ordered that I pay claimant the sum by 17th March 2026.

      18th March 2026 - Drydens issue N339 Application for charging order on land application to court - THIS WAS NOT SENT TO ME.

      19th March 2026 - N244 form submitted to court

      20th March 2026 - payment made for N244 submission

      30th March 2026 - Interim charging order considered by court and the following was ordered: https://ibb.co/Rw96TfL NEVER RECEIVED THIS FROM COURT

      2nd April 2026 - Drydens create a letter with copies of an order and copy of their N339 application.


      echat11 - your 3rd point: 'Request discharge: mention that the creditor failed to comply with the 28-day service requirement' - could you pelase clarify what these 28 days refer to?

      Comment


      • #33
        Originally posted by robkeleuk View Post
        Thank you.

        I have looked at all the paperwork that I have and these are following timelines:

        9th Feb 2026 - claim issued against me but it is only for £11k debt claimed to be owed.

        My acknowledgment of service was submitted on 04/03/2026 at 17:48

        A judgment was issued against you on 04/03/2026 at 19:09

        My acknowledgment of service was received on 05/03/2026 at 08:05:15


        4th March 2026 - judgment for claimant issued by court stating that I have not replied to the claim form and it is ordered that I pay claimant the sum by 17th March 2026.

        18th March 2026 - Drydens issue N339 Application for charging order on land application to court - THIS WAS NOT SENT TO ME.

        19th March 2026 - N244 form submitted to court

        20th March 2026 - payment made for N244 submission

        30th March 2026 - Interim charging order considered by court and the following was ordered: https://ibb.co/Rw96TfL NEVER RECEIVED THIS FROM COURT

        2nd April 2026 - Drydens create a letter with copies of an order and copy of their N339 application.


        echat11 - your 3rd point: 'Request discharge: mention that the creditor failed to comply with the 28-day service requirement' - could you pelase clarify what these 28 days refer to?
        To request the discharge of a charging order on the grounds that the creditor failed to comply with the 28-day service requirement, you must apply to the court that made the order. Under Civil Procedure Rules (CPR), if the judgment creditor fails to file a certificate of service and statement of the amount due within 28 days of the interim charging order, the debtor can apply to discharge the order.

        Key Arguments to Include in Your Request - State that the Interim Charging Order was made on [Insert Date] and that, in accordance with CPR Part 73, the creditor was required to file a certificate of service and a statement of the amount due within 28 days of that date.

        Breach of 28-Day Deadline - State that the Interim Charging Order was made on [Insert Date] and that, in accordance with CPR Part 73, the creditor was required to file a certificate of service and a statement of the amount due within 28 days of that date.

        Failure of Service - Explicitly mention that the creditor failed to serve you and/or file the necessary documents within this mandated 28-day period.

        Request for Discharge - Request that the court discharge the interim charging order and refuse to make it a final charging order due to this procedural non-compliance.

        Comment


        • #34
          Originally posted by echat11 View Post

          To request the discharge of a charging order on the grounds that the creditor failed to comply with the 28-day service requirement, you must apply to the court that made the order. Under Civil Procedure Rules (CPR), if the judgment creditor fails to file a certificate of service and statement of the amount due within 28 days of the interim charging order, the debtor can apply to discharge the order.

          Key Arguments to Include in Your Request - State that the Interim Charging Order was made on [Insert Date] and that, in accordance with CPR Part 73, the creditor was required to file a certificate of service and a statement of the amount due within 28 days of that date.

          Breach of 28-Day Deadline - State that the Interim Charging Order was made on [Insert Date] and that, in accordance with CPR Part 73, the creditor was required to file a certificate of service and a statement of the amount due within 28 days of that date.

          Failure of Service - Explicitly mention that the creditor failed to serve you and/or file the necessary documents within this mandated 28-day period.

          Request for Discharge - Request that the court discharge the interim charging order and refuse to make it a final charging order due to this procedural non-compliance.
          echat11 sorry, I am getting all mixed up now....

          From what I gather Drydens issued N379 Application for charging order on land and that was done on 18/03/26 .

          The interim charging order hearing took place on 30/03/26.

          I have received a letter from Drydens solicitors with a copy of Interim charging order and a copy of their application on 09/04/26. The letter is dated 02/04/2026 but because of bank holidays etc took quite some time to arrive.

          However I have not received any statement of the amount due....only amount mentioned is in N379 section 3 Judgment debt or enforcement of liability order.

          So the 28 days period that you refer to - I would say Interim Charging Order was made on 30/03/2026 and that, in accordance with CPR Part 73, the creditor was required to file a certificate of service and a statement of the amount due within 28 days of that date.

          The letter they sent with a copy of their N379 application would not be considered a statement of the amount, would it?



          Comment


          • #35
            I have just now received the email from Drydens and need to reply to them.

            https://ibb.co/qMKLwYSZ
            https://ibb.co/7NJ1yvrq

            Seems that they have not yet received a confirmation from the court that application has been filled with them.

            However, to save time and costs for all parties, their client has instructed on a strictly without prejudice basis, to offer to resolve matters via the enclosed proposed Consent Order seeking that the default judgment entered on 04 March 2026 to be set aside.

            I have been reading both files attached and I believe that I should sign it and return it to them and once they signed countersigned it, I should file it with court too.

            Am I correct please?

            Comment


            • #36
              Originally posted by robbieuk View Post
              I have just now received the email from Drydens and need to reply to them.

              https://ibb.co/qMKLwYSZ
              https://ibb.co/7NJ1yvrq

              Seems that they have not yet received a confirmation from the court that application has been filled with them.

              However, to save time and costs for all parties, their client has instructed on a strictly without prejudice basis, to offer to resolve matters via the enclosed proposed Consent Order seeking that the default judgment entered on 04 March 2026 to be set aside.

              I have been reading both files attached and I believe that I should sign it and return it to them and once they signed countersigned it, I should file it with court too.

              Am I correct please?
              Yes sign and return, that's what you wanted to get things back on track.
              Ring the Court, explain the fees paid, if you can get a refund as they have now
              consented.

              Comment


              • #37
                Thank you Echat11!

                To be honest it came as a surprise that they consented to this but I definitely won't complain!

                Email sent to them and will do the following steps. Will also contact the court regarding that Interim Charging Order and will challenge it by this signed document.

                Comment

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