Charging Orders

[stormo]

Re: Charging Orders

Hello again thanks once again for your replies i will have to contact the court in London tomorrow as i have had to repair sons computer earlier

The Pc is all up and running now so all is well.


Hello Rosymaria
Wife laughed when you said if there was a medical problem she said she was "Mad" to take out the JJB store card.

We didnt go mad but 3 teenagers wanting basic school equipment new sports gear for school etc didnt come cheap so JJB did help and she admits to spending the money,we take our debts seriously and will pay it all back all most people ask is to be given fair treatment and not to use the legal process to Bully and threaten us for our mistakes and change of fortunes.

The amount owing is around £2600 but this is more like £3K with the charges etc.

Creation is the only creditor to go down this route as they are in trouble themselves so you would think that they would take the current situation into account.

We dont have much time left on the mortgage <10 years and it has helped as its a tracker (wife pays mortgage) and we have quite a lot of equity invested.

I have had experience of a charging order made by the Halifax over 10 years ago got out of it by re mortgaging (and had paid off more than 50 per cent of the order by that time.) this was due to redundancy.

Like many people we have "wised up" to our rights

Once again thanks for your help and kind comments

Will let you know what the Court says later on

Regards S

[stormo]

Re: Charging Orders trying to contact court

Hello Its been a frustrating Day i looked up the details of the London Court and found their civil support phone number.

I been trying to get through all morning and into the afternoon its either not being answered/engaged all the time/ they can`t be bothered answering or whatever.

This is despite two phone lines

In my frustration decided to Call our local court cant help in getting it transferred there referred me to London


So decided to try the Legal community service for advice and to basically sound off about lack of response from a Court system.

They said much the same as youselves on here but also added that cos wife has admitted the claim on form N9A It usually results in An "Automatic" CCJ which i think if true is disgusting.

I`ve even tried E mailing the Court In London But still no response or even acknowledgement again Disgusting service.

The advisor said that writing a letter to the court might be the best option with my wifes permission (data protection cover) asking for the tranfer to My local Court.

Will Do this later on but need to relax a bit as i`m not in a good frame of mind right now.

Not been very productive at all will see you all later


Regards S

[righty]

Re: Charging Orders

Which court in London is it? Also have you informed the otherside of your intention to request a change of venue

Tell them your having great difficulty contacting the court & that should they go ahead without your presence you will simply ask the court to set-aside the order.........so with a mind to costs will they agree to a change of venue. If so get it in writing asap

[stormo]

Re: Charging Orders

Hello all and good evening,well earlier on decided to check my email and received good news ,the London court has decided to transfer wifes hearing to a local court

The original hearing has been cancelled and the London court will let us know when the new hearing date has been arranged for us.

Regards S

[Jester]

Re: Charging Orders

Can't really advise you more than the excellent advice you have already received.

However, I recently had a Charging Order arrive in the post from the Land Registry. It came from Restons Solicitors (a really obnoxious bunch of t***s) acting on behalf of MBNA to try and enforce a debt. Would happened next was quite amusing.

I have recently gone through an IVA and this was rubber stamped by my local County Court on 15th April 2009. Restons put the Charger Order application through on 30th April. I was somewhat bemused by all this as my understanding is that once and IVA is approved then creditors can no longer legally chase anyone for the debt.

So on the phone I went to my solicitors who put through the IVA on my behalf. They asked me to scan and email the forms to them, which I did. 90 minutes later I got an email back from my Solicitors showing me the paper trail of emails that had gone back and forth between them and Restons.

Basically, Restons backtracked at almost the speed of light when they realised that an IVA was in force and agreed to withdraw the application. When I queried my solicitors on how such a Charging Order had gotten through my local County Court when the same court had rubber stamped my IVA, they informed me that the it must be a 'court error'. So it just goes to show that the Courts do also screw up at times.

The amusing part for me was that when I read the email paper trail it became apparent that MBNA (Restons) had been invited to the court hearing of my IVA to cast a vote but that they didn't bother turning up. So in effect they shot themselves in the foot and obviously the left arm did not know what the right arm is doing.

Restons are supposed to be issuing a letter of apology to me and also confirming in writing that the CO application has been withdrawn. However. more than a week has passed and I have heard nothing from them yet. I am also planning on calling the Land Registry (ironically it is less than a mile from my home) to get confirmation from them that the application has been withdrawn.

Given that my local County Court screwed up in allowing the CO Application through in the first place, I certainly don't trust the numpties at Restons to do as they have promised. But I will printing out the email trail I have to show to the Land Registry that Restons are admitting their mistake !!

[iwtbdf]

Re: Charging Orders

Hi Amethyst,

I started a thread earlier today; http://www.legalbeagles.info/forums/...nged-it-s-name and Johnboy007 suggested I contact you (being the site expert on charging orders)

Do you have anything else to add to Johnboy007 comments?

TIA

[Amethyst]

Re: Charging Orders

more than likely have posted on your thread.

[Apollo1966]

Re: Charging Orders

Thank you for the information on charging orders. I read and digested and also viewed the bdl site. I went to court and armed with the following information.

1. A court case was already in progress to establish a percentage my ex partner is due, if any.
2. If the exes share is less than the amount of her sole debt the judge is less likely to grant final order.
Both of these points were given legally in writing in due time. The Judge granted the order. He also stated, that if in the case pending the exes percentage of property is deemed to be less than the order. Then only her percentage will be allocated against the order and the rest will be thrown back to the party that requested the order.
Is this correct ?

[Apollo1966]

Re: Charging Orders

Sorry I replied to thread and did not set new post apologise ......am new to site

[Apollo1966]

Re: Charging Orders

Thank you for the information on charging orders. I read and digested and also viewed the bdl site. I went to court and armed with the following information.

1. A court case was already in progress to establish a percentage my ex partner is due, if any.
2. If the exes share is less than the amount of her sole debt the judge is less likely to grant final order.
Both of these points were given legally in writing in due time. The Judge granted the order. He also stated, that if in the case pending the exes percentage of property is deemed to be less than the order. Then only her percentage will be allocated against the order and the rest will be thrown back to the party that requested the order.
Is this correct ?