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Hi all,
To cut long story short, I (my barrister actually) had battle with Amex last summer but the judge didn't actually made a decision until November in which he decided in favour of Amex. The judgment is for £7.5k plus another £2k for asking an extension to wait for the Brandon case which the judge denied. Now Amex has got an interim charging order against the property which I half joint with OH. The final hearing is going to be at the end of this month.
I like to oppose (if that is the right word) the application for charging order but I don't know how to do it and would like some advice please. Amex/Mishcon is asking for £23k & I don't know where that amount came from.
I have 2 children, 7 & 5 years old and I do have a fulltime job and I earn more than my OH. I like to make an instalment payment if possible but at the moment my life is in chaos. My OH (who i dare say is the spendthrift in this relationship & use the Amex card i gave him excessively without helping to pay back) wants out of the relationship. Until Dec last year we have joint acc and every month I don't seem to have any extra money to pay debts that he incurred (but they are all under my name) because he is taking out more & more. He even borrowed money from Moneyshop without my knowledge and they just took out the money everytime I got paid. Call me stupid and too soft for letting him do this me.. but hey I guess love is blind & stupid! By December I had enough & stop him having access to the joint account.
Although he wants out he still lives in the house because he said he got no money to get out. Plus he said, he owns half of the house so he is entitle to live there even though he has not given me any money the past 5 months. So at the moment I have a free loader at home who did not give me any money towards the children, the mortgage, the food let alone paying debts that he incurred. So financially at the moment, there's just me taking care of the children and pay all bills & debts which makes it very difficult to offer any payment to Amex.
How do I go about opposing this charging order?Would appreciate some advice please.
To cut long story short, I (my barrister actually) had battle with Amex last summer but the judge didn't actually made a decision until November in which he decided in favour of Amex. The judgment is for £7.5k plus another £2k for asking an extension to wait for the Brandon case which the judge denied. Now Amex has got an interim charging order against the property which I half joint with OH. The final hearing is going to be at the end of this month.
I like to oppose (if that is the right word) the application for charging order but I don't know how to do it and would like some advice please. Amex/Mishcon is asking for £23k & I don't know where that amount came from.
I have 2 children, 7 & 5 years old and I do have a fulltime job and I earn more than my OH. I like to make an instalment payment if possible but at the moment my life is in chaos. My OH (who i dare say is the spendthrift in this relationship & use the Amex card i gave him excessively without helping to pay back) wants out of the relationship. Until Dec last year we have joint acc and every month I don't seem to have any extra money to pay debts that he incurred (but they are all under my name) because he is taking out more & more. He even borrowed money from Moneyshop without my knowledge and they just took out the money everytime I got paid. Call me stupid and too soft for letting him do this me.. but hey I guess love is blind & stupid! By December I had enough & stop him having access to the joint account.
Although he wants out he still lives in the house because he said he got no money to get out. Plus he said, he owns half of the house so he is entitle to live there even though he has not given me any money the past 5 months. So at the moment I have a free loader at home who did not give me any money towards the children, the mortgage, the food let alone paying debts that he incurred. So financially at the moment, there's just me taking care of the children and pay all bills & debts which makes it very difficult to offer any payment to Amex.
How do I go about opposing this charging order?Would appreciate some advice please.
