What can I do to defend an Interim Charging Order?

[Cozmo]

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 ? )

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.

[Amethyst]

It would be a restriction on the property ( so basically if you sold the property the holders of the restriction would need to be informed so they can come ask for the debt )

Claim form looks generally like this - mostly white, but sometimes blue or pink ...




You'll get there, it's much more satisfying to be doing something about it and taking back control.... ( where have I heard that before?)

No shock that it's Restons tbh. They do like a bit of security, they had a charging order on my house for a while till I paid it off.

First step really is to have a chat through everything with CAP - get your full income/expenditure and all the debts listed and see what the plan is - because there's no point making installment payment offers that are going to overstretch you if Restons/Cabot are happy with just holding the security on the house for if/when you sold it or remortgaged etc.
You'll both get a letter from the LR as registered owners of the property. Your wife can file an objection to it separately to you.
Who was your DMP with ?

[MIKE770]

if a joint owners of property then if a charging order is made against one of the partners then it is only a restriction on the property as the other party is not part of the charge, as stated look up charging orders and K restrictions and the meaning if you were to sale a property then a solicitor would have to notify the owners of the charging order, it should not effect an innocent party i.e. your wife's interest! need to search and digest charging orders information?
Charging orders - Citizens Advice

https://www.citizensadvice.org.uk/de...arging-orders/

Information about what you can do if a creditor applies for a charging order against ... If there are joint owners of the property but the debt is only in your name, ... or civil partner and the debt is in both your names, the court will be able to make a ...

[MIKE770]

Charging orders - Citizens Advice

https://www.citizensadvice.org.uk/de...arging-orders/



Information about what you can do if a creditor applies for a charging order against ... If there are joint owners of the property but the debt is only in your name, ... or civil partner and the debt is in both your names, the court will be able to make a ...

[Cozmo]

Ashley Longmann

[MIKE770]

Ashley Longman Associates, Usk, Po Box 29 - Cylex Usk These people?

https://usk.cylex-uk.co.uk › Finance › Credit & Debt Management

[Amethyst]

Was this a personal or business card originally ?

FCA Register

Monmouthshire Financial Management Limited ( Postcode: NP15 1BQ)	Lifeguard Finance,DCB Collections,Ashley Longmann Associates,www.aladebtsolutions.co.uk	Consumer Credit Interim	656048	Lapsed
BEAUFORCE CORPORATION LIMITED ( Postcode: NP15 1AA)	Ashley Longmann Associates,DCB Collections	Firm	775878	Authorised

https://web.archive.org/web/20130518...lutions.co.uk/ WAS their page.

Do you know what happened with the DMP ? Did it just stop sometime in 2014 ( when their company dissolved) or move to Beauforce ?

Doesn't help with the immediate problem I know, but it seems to have left you in the lurch a bit.

[Cozmo]

It would be a restriction on the property ( so basically if you sold the property the holders of the restriction would need to be informed so they can come ask for the debt )

Claim form looks generally like this - mostly white, but sometimes blue or pink ...




You'll get there, it's much more satisfying to be doing something about it and taking back control.... ( where have I heard that before?)

No shock that it's Restons tbh. They do like a bit of security, they had a charging order on my house for a while till I paid it off.

First step really is to have a chat through everything with CAP - get your full income/expenditure and all the debts listed and see what the plan is - because there's no point making installment payment offers that are going to overstretch you if Restons/Cabot are happy with just holding the security on the house for if/when you sold it or remortgaged etc.
You'll both get a letter from the LR as registered owners of the property. Your wife can file an objection to it separately to you.
Who was your DMP with ?

That would be Ashley Longmann, worked with the owner during insurance rep days it turned out, so that was end of that plan!

[Cozmo]

To the Court Manager,

I strongly wish to contend the process on the grounds of never having received any correspondence referring to a CCJ against my name, when I entered into an agreement
with Halifax Bank, my credit rating justified the means offered to me at that time, how can the Law
allow a Debt Collection Agency free licence to change the terms of a credit agreement entered into
over 10 yrs ago, allowing them to change the status of a legal agreement from un-secured to secured status, allowing these financial bullies to entrap my good lady wife of 28 yrs into an agreement she has no knowledge of, I would apply to the court for at least time enough to
make a payment plan offer, and to afford us the time to seek representation from parties who
may educate us in the defence of our home against such predatory onslaughts.

Thanks for all your helpful advice today, I'm going to send the above half arsed excuse to the email address and try my luck, is there anything I've written, I might definitely erase forthwith.

[Amethyst]

Hang on there's no immediate rush so may as well do it properly ....

[Amethyst]

Have the court notified you of the date of the final charging order hearing ?

That letter will have zero affect at all as it can be answered easily through the CPR and consumer legislation.

I'll get an example 'defence' against a charging order being applied post judgment.... give me a little bit ....

[Amethyst]

I have to go out but please hang fire on that email for tonight.... this is a bit old so some things have changed http://legalbeagles.info/forums/foru...552#post285552 - there's also this one http://legalbeagles.info/forums/foru...-order-hearing ( again a bit old but shows how the argument should be set out - ie you want to give good reasons why a charging order is not an appropriate enforcement of the judgemnt - not tick the court off ) It needs a proper Witness Statement detailing reasons and making your installment offer if that's the option appropriate ( which is why you need to speak to CAP first ) then include things like - the property is in negative equity, not a joint debt and house is owned jointly therefore it could only be a restriction which may prevent us remortgaging to sort out settlements on our other debts by consolidation ( if that's what it looks like you could do ), any children/dependants who live in the property, prioritising this debt over the others is unfair on the other creditors .... basically if you do not want to try and set aside and defend the original claim, then you want to argue the charging order will put Cabot in a priority position over your other creditors.

When did you open the Halifax card ? Have you reclaimed all your PPI / Charges etc ? .... when did you default and when did Ashley Longmann come into the picture, and when did they leave you in the lurch ( have you looked into what happened with the DMP as if you have a number of debts still hanging and nothing has been done you could be looking towards a few more of these ) ( I can't find their fees on their old sites but I'm guessing it wasn't out the goodness of their hearts )

Don't rush, I know it feel crap having a charging order letter from the LR - I have been there, but step back gather all the information and do your research and consider what to do.

Sorry I really have to go out but I will come back slightly more coherently later on - I just didn't want you to fire off random emails to the court xxxxxx

[Amethyst]

Have unapproved the Interim charge letter - I can see it still but you left your personal details on it.... back later xxx

[Cozmo]

Amazing help, will utilise all this good will and have a go back, will gather the whole DMP picture for next post, prior to CAP visit, just booked a weeks from BCA logistics where I inspect and collect cars, wife laid up,(double hernia op yesterday), must get clear of this once and for all.Thank you both.

[Cozmo]

Have the court notified you of the date of the final charging order hearing ?

That letter will have zero affect at all as it can be answered easily through the CPR and consumer legislation.

I'll get an example 'defence' against a charging order being applied post judgment.... give me a little bit ....

There doesn't appear to be a specific date, just 28 days from, 14 days after, 7 days before, not certain on dates, possibly dollar and day scenario.