Interim Charging Order/CCJ

[ScottyCooper]

Re: Interim Charging Order/CCJ

Im afraid that these forums are designed to be self help forums, yes people do give up their spare time to advise and help but im afraid that there are far more people needing help than can be managed with a limited number of helpers.

Di did advise you to seek legal advice, have you spoken to the CAB or a Law Centre? Or even Shelter have legal advisors who may well be able to help you with your enquiries

So the advice is actually, "seek legal advice"

i could get that insight from google

[wales01man]

Re: Interim Charging Order/CCJ

Maybe a good idea although thousands have gained a lot of advice and help on here. read some threads

[ScottyCooper]

Re: Interim Charging Order/CCJ

Maybe a good idea although thousands have gained a lot of advice and help on here. read some threads

Every thread is personal to them. My thread isn't one I'd be showcasing. Goodnight

[Diana M]

Re: Interim Charging Order/CCJ

Its probably too late for me to challenge this now but you never know.

Any suggestions?

If you missed the boat to challenge the Final Charging Order then you may still be able to make an Application to Vary (or suspend) the Order as I explained in post # 11 on 16th July.

Why not call the court on Monday to see if it's not too late i.e. establish if the Final Charging Order has been made. It should be sent to you in the post about a week later anyway.

Either way although I can (and did) suggest your options last month, my firm cannot draft applications or any court documents and post them on an internet forum (it would be irresponsible without having the full facts).

That's why I suggested legal advice and there's a link to the CAB in my signature.

I also asked (but you didn't reply) whether the property is held in joint names since that would mean that the judgement creditor (i.e. the Claimant) would only have a 'Restriction' registered at Land Registry which would require the homeowner to inform the creditor of any sale in future but would not lead to an Order for Sale by the court.

Di

PS see my previous post >

Point 4 in that Interim Charging Order appears to suggest that unless you file and serve an objection to the continuation of the Order (dated 20th June) within 28 days of service of the Order then the DJ will consider, without a hearing, whether the charge created by that Order should be made final (i.e. a Final Charging Order).

Is your home/property in joint names?

It's up to you, but perhaps you need to take legal advice on whether you should file an objection giving your reasons which will probably lead to a hearing where you can contest a Final Charging Order or in the very least attempt to have conditions included in any Final Charging Order such as no Order for Sale without return to the court etc.

Or better still a Suspended Charging Order on condition you don't breach the terms agreed

[Diana M]

Re: Interim Charging Order/CCJ

Every thread is personal to them. My thread isn't one I'd be showcasing.

I agree with you on that point.

There is no one-size-fits-all answer to questions relating to litigation in progress. You need a bespoke reply especially when it concerns the protection of the roof over your head.

The only option I deliberately didn't post was whether you should consider getting the Charging Order (if any) set aside if the Claimant had no right to this enforcement measure due to any irregularity with the CCJ.

If the CCJ were to be successfully set aside then the CO would no longer be necessary (since they can't enforce a CCJ which doesn't exist obviously).

These things are complicated hence my reason for saying that you need to seek legal advice which can be obtained free from the CAB. I strongly suggest you do that.

Di