Interim charging order

[mambusa]

Hi, I have received an interim charging order after a judgement or order was given on the 19th January 2015 by the county court business centre. The application will be heard on the 3rd august 2015 at the county court in Kings Lynn. Is it too late for me to defend this? I received the judgement from the county court business centre in January, but as it was not signed by a judge and did not have my dob on the order I gave it no credence. Any advice would be appreciated Many thanks.

[nemesis45]

Re: Interim charging order

Hi, I have received an interim charging order after a judgement or order was given on the 19th January 2015 by the county court business centre. The application will be heard on the 3rd august 2015 at the county court in Kings Lynn. Is it too late for me to defend this? I received the judgement from the county court business centre in January, but as it was not signed by a judge and did not have my dob on the order I gave it no credence. Any advice would be appreciated Many thanks.

What you received is the General Order of Judgement, it's sealed by the court, it does not need the judges signature or your DOB.
The hearing will be to apply for the full charging order attend and put your case for opposing the application.
nem

[mambusa]

Re: Interim charging order

What defence should I use, as I am not sure what the original debt may be

[nemesis45]

Re: Interim charging order

What defence should I use, as I am not sure what the original debt may be

The particulars of the debt will be on the N1 form you received when the claim was issued.

nem

[MarkLyon]

Re: Interim charging order

What defence should I use, as I am not sure what the original debt may be

If the debt collector suing you previously did not verify the debt after you timely requested debt verification, you may file a counterclaim against that debt collector within the same lawsuit, requesting your own damages. Some states also allow you to countersue for damages against the creditor itself for failure to verify the debt.

[FlamingParrot]

Re: Interim charging order

If the debt collector suing you previously did not verify the debt after you timely requested debt verification, you may file a counterclaim against that debt collector within the same lawsuit, requesting your own damages. Some states also allow you to countersue for damages against the creditor itself for failure to verify the debt.

The terminology used here suggests you may be in the US, this is a site based in the United Kingdom. :mmph:

[FlamingParrot]

Re: Interim charging order

Hi, I have received an interim charging order after a judgement or order was given on the 19th January 2015 by the county court business centre. The application will be heard on the 3rd august 2015 at the county court in Kings Lynn. Is it too late for me to defend this? I received the judgement from the county court business centre in January, but as it was not signed by a judge and did not have my dob on the order I gave it no credence. Any advice would be appreciated Many thanks.

Did you receive the claim form that led to this judgment? Any idea what debt the CCJ is for?

In some cases it may be possible to apply for a judgment to be set aside on the grounds that you did not receive the claim form, however, you will also need to have a viable defence to the claim. If the judgment was set aside the interim charge would be removed. Any chance you could give us more details? :typing:

[mambusa]

Re: Interim charging order

Hi,


I have a recieved a final charging order for a debt I know nothing about.


The order is my name but my father lives with me and also has the same name. There is no middle initials on the order or the date of birth.


I contacted the court to explain this but the order has still come through with my name with middle initial and also my dads name without middle initial.


I had filled in the appropriate form last year to have the judgement set a side as we did not have any information from the claimant as to who the owed the debt.


I applied to the court to have the judgement set aside and I also wrote to the solicitors asking for them to clarify who the debtor was, myself or my Dad.


The solicitors never replied and the court ruled in February 2016 that the application to set aside be dismissed and that the charging order continue and the full debt should be paid in full.


I did not attend the hearing due to a funeral, but I delivered by hand a letter to the court explaining the situation.


The Judge at the hearing postponed the hearing and gave the claimants solicitors until the 16th Feb to produce to the court the name of the debtor.


I did not realise that it would be another hearing which I could attend, I presumed that once the solicitor produced the documents there would be another hearing date set, my bad.


However the debt is in both our names now, so have no idea what the solicitors produced to the court.


What course of action can I take now, if the bailiffs call they are entitled to take both our goods as both names are now on the court order.