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Emergency Re Charging Order Hearing in 24 Hours - Please Help Me
Hello to all,
Please bear with me – I know this is a long post but it really is an emergency.
Apologies in advance if I’m doing the wrong thing by posting about this twice, but the situation is now so urgent that I desperately need some advice. I am praying that someone will see this within the tiny window of opportunity left to me. I have been glued to my laptop for the last 2 days and I can’t eat or sleep because I’m so worried.
As I said in my first post, I am in the process of applying to have a court judgement set aside (an old credit card account from 2004 & in dispute since 2008), after it was awarded by default, without my knowledge, as I was not given the opportunity to defend. I only discovered this when the claimant (Maplin/Mort Clarke) forwarded a copy of an Interim Charging Order on my property. Had I been given the chance, I would have had a very strong defence, but I had not received any paperwork to alert me to what they were doing and only a couple of the usual early contact letters about a year prior to this (I had replied with the ‘in dispute’ type replies that had seen off others beforehand) and then nothing, until this bombshell arrived.
They had clearly been very busy behind my back and it seems the judgement came from Northampton, but the Interim Order was obtained in Kings Lynn – both a huge distance from my home. I contacted the latter and managed to get the 2nd hearing transferred to a local court, which gave me some extra time to try to discover my options. I also sent the claimant a CCA request and they replied, stating that they were trying to obtain it and would put the matter ‘on hold’ until they could supply it. This was 3 months ago and they have still not produced it, although they have sent details of the 2nd Charging Order hearing in my local court, which is tomorrow!
I have emailed the court, to ask that the hearing be postponed for the above reasons, but have not heard back. Unfortunately, over the last couple of weeks I have been away from home, running from one hospital, where my Aunt has stage 4 cancer, to another, where my Son has had complications from being a bone marrow doner for Anthony Nolan, which has been a nightmare. On arriving home last Friday, I took hard copies of my postponement request and the claimant’s ‘on hold’ letter to the court myself, to discover that they had shut 4 minutes earlier (2pm) and security would only let me deposit the envelope in the ‘incoming post’ box in the foyer. I came home, broke down and have been online ever since.
Obviously, I am completely devastated, terrified and have no idea what to do now. It seems so unfair – we are decent, hardworking people and this is our home. I have serious health problems myself and I am only continuing to fight for the sake of my children – I really am at the end of my rope now. Please, can anyone offer me some advice, is there anything else I can do? I haven’t been able to submit the N244 yet (due to not being here & finding £155 before Christmas) – but if I could today and submit online, would that make a difference? Or is there anything I could say to delay the hearing if I phoned the court in the morning?
If you have any idea’s at all, please, please let me know. I’ll be online all day and you really are my last hope. Sorry this is so long or if I’ve rambled – I really don’t know which way is up right now. Thanks for staying with me if you made it this far, I am truly grateful to have found this wonderful site, no matter what happens next.
Please bear with me – I know this is a long post but it really is an emergency.
Apologies in advance if I’m doing the wrong thing by posting about this twice, but the situation is now so urgent that I desperately need some advice. I am praying that someone will see this within the tiny window of opportunity left to me. I have been glued to my laptop for the last 2 days and I can’t eat or sleep because I’m so worried.
As I said in my first post, I am in the process of applying to have a court judgement set aside (an old credit card account from 2004 & in dispute since 2008), after it was awarded by default, without my knowledge, as I was not given the opportunity to defend. I only discovered this when the claimant (Maplin/Mort Clarke) forwarded a copy of an Interim Charging Order on my property. Had I been given the chance, I would have had a very strong defence, but I had not received any paperwork to alert me to what they were doing and only a couple of the usual early contact letters about a year prior to this (I had replied with the ‘in dispute’ type replies that had seen off others beforehand) and then nothing, until this bombshell arrived.
They had clearly been very busy behind my back and it seems the judgement came from Northampton, but the Interim Order was obtained in Kings Lynn – both a huge distance from my home. I contacted the latter and managed to get the 2nd hearing transferred to a local court, which gave me some extra time to try to discover my options. I also sent the claimant a CCA request and they replied, stating that they were trying to obtain it and would put the matter ‘on hold’ until they could supply it. This was 3 months ago and they have still not produced it, although they have sent details of the 2nd Charging Order hearing in my local court, which is tomorrow!
I have emailed the court, to ask that the hearing be postponed for the above reasons, but have not heard back. Unfortunately, over the last couple of weeks I have been away from home, running from one hospital, where my Aunt has stage 4 cancer, to another, where my Son has had complications from being a bone marrow doner for Anthony Nolan, which has been a nightmare. On arriving home last Friday, I took hard copies of my postponement request and the claimant’s ‘on hold’ letter to the court myself, to discover that they had shut 4 minutes earlier (2pm) and security would only let me deposit the envelope in the ‘incoming post’ box in the foyer. I came home, broke down and have been online ever since.
Obviously, I am completely devastated, terrified and have no idea what to do now. It seems so unfair – we are decent, hardworking people and this is our home. I have serious health problems myself and I am only continuing to fight for the sake of my children – I really am at the end of my rope now. Please, can anyone offer me some advice, is there anything else I can do? I haven’t been able to submit the N244 yet (due to not being here & finding £155 before Christmas) – but if I could today and submit online, would that make a difference? Or is there anything I could say to delay the hearing if I phoned the court in the morning?
If you have any idea’s at all, please, please let me know. I’ll be online all day and you really are my last hope. Sorry this is so long or if I’ve rambled – I really don’t know which way is up right now. Thanks for staying with me if you made it this far, I am truly grateful to have found this wonderful site, no matter what happens next.
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