Charging Order made final without my knowledge

[everhopeful]

Hello lovely people,

I am completely new so please be kind. I'm going through it all at the moment. I'm stuck in a four year divorce as the ex-husband never paid out on the financial consent order. As a result I finally saved up enough money to take it back to court December last year. It's proceeding (slowly) but aim to be have it done by the end of this year. During the divorce we were changed to Tenants in Common 50/50 on the property we owned. Because of the divorce I still live there and have no way to escape because of the joint mortgage. In the past years since April 2021 when the divorce was made final, my ex ran up huge sums of debts showing off to the new girlfriend. One of which was with Bibby Commercial Finance, I've since learnt they took out a CCJ on him and then a charging order on his share of the property for £30k + interest.

However, as an interested party and joint owner they should have notified me, but instead they sent me all the paperwork through months later. Way past the point upon which I could object. When I complained, their solicitors wrote back and said 'we know we messed up, whoops, but tough there was nothing you could have done anyway.' Not exactly word for word, but you get the gist.

My question is this, can I do anything? I don't have the funds to go through solicitors so would have to represent myself. If anyone could provide with a suitable response, case law, and if by some miracle some wording. That would be amazing!!!

Many thanks!!!
J

[atticus]

Hmmm, I am not that sure. The applicant should have served you with the interim charging order and filed a certificate with the court confirming this. See CPR 73.7 - https://www.legislation.gov.uk/ukpga...56/section/38A


If they filed a false certificate, they could be in difficulty.

[everhopeful]

Hi Atticus,

I have found the copy of the letter they sent me, I am assuming it it not appropriate to name and shame the solicitors in this forum?

The letter states
"It appears from my review that the interim charging order was not served on you.

I note you plan to obtain legal advice which of course you are entitled to do. However, I do not consider that you were prejudiced in any way by not receiving the interim charging order, nor do I consider that the court would have made any different order, had you received the interim charging order and objected to it being made final. you will note the the order charges the Judgment debt against Mr Sanders' beneficial interest in the property, not yours. By granting a charging order, the debt is being secured, not enforced so it is unlikely that the court would have taken into account (at any hearing to make the charging order final) any concerns you may understandably have with regards to any subsequent enforcement action for an order of sale.

I am also pleased to confirm that Mr sander's is making payments towards repayment of the debt and therefore I am not currently instructed to apply for an order for sale."


Your thoughts would be greatly appreciated.

[everhopeful]

I've just read this is the same CPR section:
Reconsideration of a decision made by a legal adviser

73.10ZA.—

(1) Any interested person may request any decision of a legal adviser to be reconsidered by a District Judge.

(2) A request must be filed within 14 days after the interested person is served with a notice of the decision, or becomes aware of the decision.

(3) The request may include a summary of the issue and an explanation of why the reconsideration is sought.

(4) Reconsideration may take place without a hearing.

(5) When reconsidering the decision of the legal adviser, the District Judge may exercise any of the powers listed in rule 73.10(7).





As those 14 days have expired does that mean I can now do nothing about it?

[atticus]

The final order will have been made by a judge and not a 'legal adviser'. That rule does not apply.