charging order hearing in need of some advice

[skilganon]

Re: charging order hearing in need of some advice

hi ,

please find attached 2 sheets for interim charging order, it took 4 judges to make this order!!

expensive stuff !

[FlamingParrot]

Re: charging order hearing in need of some advice

hi flamingparott,

no! not the bulk centre,

why did i not receive anything regarding this ? is that the way things work ?

I can see the order was made at Lincoln CC, it's just that the 'business centre' generally refers to the Northampton Centre, where most claims are started. I don't think it makes any difference.

Yes, sadly that's the way things work. The interim CO is made automatically, as I said above, largely to stop you from selling the property before the order is made final.

[FlamingParrot]

Re: charging order hearing in need of some advice

hi ,

please find attached 2 sheets for interim charging order, it took 4 judges to make this order!!

expensive stuff !

Ah, but those wouldn't be the costs that were awarded against you, since they were part of the original judgment made a year before the interim CO.

Having looked at the order of judgment, there are two glaring mistakes on that document:

• The judgment was given by the CC Business Centre as stated on there, as that does refer to Northampton as per the link above. It was given by Lincoln CC.
• The year is wrong, should be 2013. Had it been March 2014, there would have been no costs awarded.

[skilganon]

Re: charging order hearing in need of some advice

hi FP,

there is so much to this case you dont know about, their costs were sooo unfair, i brought this up at trial the judge ignored it, they didnt even produce a witness stat. pre trial, i had help before the case started i stood up to bring an issue before the judge, ie no witness stat. the judge was very annoyed, not with them but with me!!!, he then said he would allow it to carry on, i countered ( with legal advice ) stating that as the court had granted such a ( i forget the term but it was legalese) that they should forgo their costs in the case. The judge just shouted at me and refused.
I could not pull their charges apart as i received their costs through the post 2 days AFTER the trial.

the trial was 5th march 2013, they had my WS since sept 2012, ( another story )

my sol. ( phone only) said that this was all wrong and unfair and i should appeal, when i told him it was a circuit judge silence! then, if you lose appeal it will cost a further 50k !!!! so i threw in the towel.

[skilganon]

Re: charging order hearing in need of some advice

hi FP,

i have somewhere the costs in this case, i keep everything, sent after the trial, would it help if i find and post them ?

[FlamingParrot]

Re: charging order hearing in need of some advice

hi FP,

i have somewhere the costs in this case, i keep everything, sent after the trial, would it help if i find and post them ?

Yes, please do. :typing:

[skilganon]

Re: charging order hearing in need of some advice

Hi FP,

i have found their schedule of costs, will attach, i am not convinced SCM were registered sols. at the time this was going on but they may get around this as david bowden was registered and everything was signed on behalf of him ?

this was dated 4th march, the trial was 5th march AM so never received it until after the trial, it says an e mail was sent to me ?

[Amethyst]

Re: charging order hearing in need of some advice

Yep, I'm definately in the wrong 'job'

[skilganon]

Re: charging order hearing in need of some advice

Hi all,

i think i may have made a big mistake regarding this , i intended to attend the hearing on the 13th june but have only just realised that i needed to give 7 days notice of my intention to appear at the hearing.

the hearing is this friday and i should have informed their solicitors and also the court there is not really much i can do to stop this charging order going ahead, but would like to at least make a token official offer to start repaying it, i can only realistically afford 20 pcm, ( will struggle with that to be honest) any advice would be MUCH appreciated.


what is my best move regarding the hearing set for this friday ?? i do not want to make matters any worse than they already are

[skilganon]

Re: charging order hearing in need of some advice

hi all,

is there anything i can do regarding this hearing on friday ??

desperate for a bit of advice, even if it is to tell me i am a fool and should have done something sooner ??

[Amethyst]

Re: charging order hearing in need of some advice

Sorry skil, just seen this - what is the hearing for ? the final charging order ?

Why do you have to notify that you intend to attend ?

What is the current position - you have the CCJ against you and a forthwith order?

Hi all,

i think i may have made a big mistake regarding this , i intended to attend the hearing on the 13th june but have only just realised that i needed to give 7 days notice of my intention to appear at the hearing.

the hearing is this friday and i should have informed their solicitors and also the court there is not really much i can do to stop this charging order going ahead, but would like to at least make a token official offer to start repaying it, i can only realistically afford 20 pcm, ( will struggle with that to be honest) any advice would be MUCH appreciated.


what is my best move regarding the hearing set for this friday ?? i do not want to make matters any worse than they already are

[Amethyst]

Re: charging order hearing in need of some advice

okay got it

[Amethyst]

Re: charging order hearing in need of some advice

Right, you need to put in a witness statement saying what you want to do regarding installment payments, outlining your circumstances, and include your income expenditure sheet. It is most likely you will have the charging order finalised on your property but put your case regarding finances and your wife's health. Okay we're a few days out but if we write it and send it tmw it should get read before the hearing - which yes you should go to if you possibly can.

[Amethyst]

Re: charging order hearing in need of some advice

Ahhh location of the court is 50 miles away? Which court is at at and why is it at that court ? You went through directions / allocation etc when fighting the original case - was that not heard local to you?

[skilganon]

Re: charging order hearing in need of some advice

hi amethyst,

thank you for your replies, yes the court is 50 miles away and it means taking a day off work which will cost me further, the original hearing was scheduled to be at my local court but they changed the venue at the last minute to a court 50 miles away the same court as this hearing is to be held in.

i attached a copy of the court orders for the hearing in an earlier post ( post no. 16 ) if that helps,

there is very little i can do to stop this from happening , but i do believe that there is some form of remedy in this for me, so i would like to continue this thread and tell the story ( with docs ) from the beginning.


I am going to struggle to get a WS done and sent before last post tomorrow but will do whatever i need to do to soften the blow.

i dont know why the venue was changed for the original hearing ? or why this is being held so far away from my local court ?