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Application is dismissed - Now Interim Charging Order

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  • Application is dismissed - Now Interim Charging Order

    Received general form of judgment or order, case went before District Judge
    It is ordered that
    Application is Dismissed

    The creditor has now instructed another solicitor quoting the same claim number that has already been dismissed, stating ‘Our client has obtained an Interim Charging Order over my property’.

    Question: can they do this even if their CCJ case was dismissed by the judge. Is their a standard response I can reply to their solicitor?
    Tags: None

  • #2
    What was the application? Who made it?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Claimant: Credit Security Ltd made a claim against me in relation to an unsecured loan.

      Before District judge
      Upon the Defendant informing the court that he is not receiving a salary, private pension, statutory sick pay or is self employed (being the definition of earnings pursuant to section 24 (1) Attachment of Earnings Act 1971)

      IT IS ODERED THAT
      1 Application is dismissed.
      2 Within 14 days of service of the order on them, pursuant to CCR Order 27 Rule 7 (6) either party may apply for the order to be re-considered, giving full reasons for their request. The written notice must be sent to the court AND to the other party at the same time. Upon receipt of the request, the court officer shall (return the matter to the home court where the a court officer shall) fix a day for hearing of the application and give to the parties not less than 2 day’s notice of the day so fixed.

      I thought that be the end of the matter but now getting letters about client obtained an interim charging order over my property.

      Comment


      • #4
        What you say indicates that the application was for an attachment of earnings order. The fact that that application has been dismissed does not mean that the judgement which the claimant sought to enforce by that means has fallen away. The claimant still has that judgement against you, which can be enforced by other means such as a charging order.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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