County Court Judge - advice given to claimant

[lisalegal]

Is it within a County Court Judge's remit to tell an applicant, and place it in an order, that they can, and will, obtain an interim charging order?

Is this an abuse of power as, surely, it is down to the circumstances whether or not an interim order should be granted, especially when the defendant has no arrears on the payments.

Any ideas please?

thanks, Lisa

[Sparkie1723]

Re: County Court Judge - advice given to claimant

Is it within a County Court Judge's remit to tell an applicant, and place it in an order, that they can, and will, obtain an interim charging order?

Is this an abuse of power as, surely, it is down to the circumstances whether or not an interim order should be granted, especially when the defendant has no arrears on the payments.

Any ideas please?

thanks, Lisa

Hi LIsa,

In my experience I have found that here is very little a County Court Judge cannot do...........They do make mistakes though.....it will only be ruled he has made a mistake and acted beyond his powers (The ultra viries rule) if that particular judges ruling is challenged in the appeal courts and the law lords deem he has acted beyond the powers given to him........all that happens then is that his decision is over ruled.......nothing happens much to a judge who makes mistakes its business as usual that is an aspect of the law that is wrong IMO.......if we make a mistake ...the law acts against us........a judge makes a mistake ............nothing happens to him.

JUst my opinion and comment not to be taken as absolute fact.

Sparkie

[teaboy2]

Re: County Court Judge - advice given to claimant

Interim Charging orders are automatically issued prior to final judgement or final charging order, it is a 2 stage process, you have the first hearing where if a second hearing is needed an interim charging order will be granted. All this does is simply prevent you selling the property without your creditor knowing about it, it does not allow for the creditor to force you to sell. The second hearing you will need to show to the judge that you were not in breach of the repayment agreements on the mortgage/loan, and/or if you were subject to a county court judgement for the same debt, that you had kept to the county court judgement and had not breached it. SHowing such evidence will likely result in a judge agreeing that you are not in arrears and therefore refusing the final charging order, which will also result in the interim charging order being revoked too.

You can find more info here - http://www.adviceguide.org.uk/englan...ing_orders.htm

[Guest]

Re: County Court Judge - advice given to claimant

HI Lisa

It depends on the kind of judgment, if a forthwith judgment is granted an interim charging order can be applied for and will be issued very quickly, there will be no other hearing. You will however get the chance to argue against the complete charging order at the court later.

Is this a credit debt?

Has the case been heard ?

Have you defended /

Have you considered a time order, which can remove the possibility of a charging order if appropriate.

D