What can I do to defend an Interim Charging Order?

[Cozmo]

Have received an interim charging order reference a Halifax Credit Card that was in a Debt Man Prog, as I couldn't afford to make any payments at all of late the thumb screws are turning on me, at the time entered into the cards and loans with Tesco, Halifax, HSBC, Argos, Black Horse, my wife and I had good credit ratings and never missed a beat for over 10 years or more, government funding to the access control sector, systems to help elderly live at home longer with peace of mind and dignity stopped over night forcing closure of our 40 year old specialist service, it's been a roller coaster ride of financial disappointments for years since, have also today decided to call CAP who have offered to assist, I have read loads of stories of mountainous financial rescue's perpetrated by the knowledge base of legal beagles, I wondered if I may get some feedback even though I haven't contributed a great deal at all.

[MIKE770]

trouble is these days they can easily get a charging order, only a restriction if joint mortgage which makes a difference, you could object but you would need a cast iron case for it to stop> read up on charging orders on sites and restrictions, sue others will comment also

[Amethyst]

Hi Cozmo xxx

Sadly years of being the best customer the banks could wish for stands for absolutely nothing when 'life' happens and makes the debts difficult to manage. CAP will be able to advise on the big picture - they're pretty good at that Was it CAP you had your Debt Management plan with before? or was that directly a reduced payment arrangement with Halifax ?

Did you receive a Court claim for this Halifax Credit card at all ? A charging order would be applied for once Halifax ( or a debt collection company that purchased the debt ) took it through court and obtained a judgment which wasn't paid.

Do you own your home jointly with your wife ?

Presumably the letter you have received is from the Land Registry notifying you of the interim charge. You should hear from the court about a hearing for the charge to become Final - which you can look at defending - but firstly need to look how it got to a charging order in the first place.

Approx how much is the Halifax debt ? and do you know is the current owner of it?

[Cozmo]

Made a call to Money Claims Service Line who have text me an email address to send my dispute / appeal.
Can any traction be had from the fact I never entered into a secured loan with original lender or Collectors named Cabot Fin UK Ltd, also, proportional payments were made when I had a Debt Man Prog IN place.

[Amethyst]

Do you have a CCJ registered against you ? Did you receive the court claim forms from the court ( or anything from Cabot prior or since ? )

[Cozmo]

Jointly owned with my wife, amount of £4320.93, I was ordered to pay the claimant that sum on 10 May, I simply don't have that kind of money lately.
The claimant is now Cabot Financial UK Ltd.
Yes, Land Registry have written to me notifying of a pending charging order.

[Amethyst]

Okay, so you received the Judgment ( you could apply to the court to pay by installments although now they are applying for a charging order it is likely to be installments secured with the charging order )

Was the Judgment a Judgment in Default ? payable forthwith ?
And did you receive the original claim ?

[Cozmo]

I was awarded a CCJ by Cabot and didn't offer any defence in response, I also received a copy of N379 CPR PART 73, naming me as the defendant, no correspondence since receipt of said letters from Restons Solicitors.

[Cozmo]

I will have to check the correspondence for terminology of Judgement in Default, or payable forthwith, as a result of procrastinating and feelings of helpless apathy, which I'm snapping out of I'm certain.

[Cozmo]

The original claim sounds like something that slipped under my radar, what does that look like, probably had it, will check.

[Cozmo]

No, thinking about that question, Was it a judgement in default, i believe it wasn't, as it was under a payment program for so very long a period.

[MIKE770]

Judgment in default - i.e. you failed to defend? so claimant awarded a win

[Cozmo]

What does this have to do with my wife?
Is it our obvious 28 year financial connection at our address?

[Cozmo]

We are joint owners, but until things went financially pear shaped my wife wouldn't of known what lines of credit I managed.

[Cozmo]

Was it CAP you had your Debt Management plan with before? or was that directly a reduced payment arrangement with Halifax ?

Previous debt Man Plan wasn't with CAP, didn't have anything in place with Halifax.