Final charging order - no hearing

[Spikeyuk]

Hi,

I need some advice. I have a CCJ against me from a bank and am on a monthly payment plan. They applied for an interim charging order and was granted it. I then wrote to the court with an objection to the interim order and also to the order being made final which the court confirms they received. There was no hearing scheduled, I wasn't informed of anything nor was I invited to a hearing but I then receive a letter saying the order was made final.

Should there have been a hearing which I could have attended? I don't believe they have considered my objections and can obviously appeal and pay the court costs but am I right in thinking I should have had a hearing relating to my objection?

Any help greatly appreciated.

Thanks

[Kati]

Re: Final charging order - no hearing

[MENTION=87380]Diana M[/MENTION] ... any ideas??

[Guest]

Re: Final charging order - no hearing

Hi,

I need some advice. I have a CCJ against me from a bank and am on a monthly payment plan. They applied for an interim charging order and was granted it. I then wrote to the court with an objection to the interim order and also to the order being made final which the court confirms they received. There was no hearing scheduled, I wasn't informed of anything nor was I invited to a hearing but I then receive a letter saying the order was made final.

Should there have been a hearing which I could have attended? I don't believe they have considered my objections and can obviously appeal and pay the court costs but am I right in thinking I should have had a hearing relating to my objection?

Any help greatly appreciated.

Thanks

I have limited experience with interim charging orders, most go from interim to final with no formal hearing. It seems to be essentially a rubber stamping exercise.

[Diana M]

Re: Final charging order - no hearing

I have a CCJ against me from a bank and am on a monthly payment plan. They applied for an interim charging order and was granted it. I then wrote to the court with an objection to the interim order and also to the order being made final which the court confirms they received. There was no hearing scheduled, I wasn't informed of anything nor was I invited to a hearing but I then receive a letter saying the order was made final.

Should there have been a hearing which I could have attended? I don't believe they have considered my objections and can obviously appeal and pay the court costs but am I right in thinking I should have had a hearing relating to my objection?

Did you simply write to the court or did you file a Witness Statement etc in response the Judgment Creditor's application for a Final Charging Order?

You say you weren't informed of anything so did you write to the court after the CO was made final and not in response to an Application made by the Judgment Creditor?

Was the original CCJ a 'forthwith' Order or an instalment Order?

If it was an instalment Order and you had not breached that Order you may have been able to have a condition written into the Final Charging Order so it could not be enforced (no Order for Sale) unless you breached it. Or even have the Order suspended unless you breach the terms.

You say you're on a payment plan with the Bank but is that an informal arrangement?

What were the objections you raised in your letter to the court to see if you have any grounds for the CO to be set aside? Did you copy your letter(s) to the bank at the time?

The first issue would be how the CCJ was obtained in case legal procedure wasn't followed.

Who is the bank?

Who are the solicitors?

What is the amount of the CCJ/CO?

Was it (CCJ) obatined after 1st October 2012?

Finally, is the property in your sole name or in joint names? If it is in joint names then the CO will be a Restriction registered at Land Registry which is against your equity in the property and not the joint owner's.

Sorry for all the questions but they're necessary if you're looking to see if there's any hope of you unwinding the situation.

Di

[Diana M]

Re: Final charging order - no hearing

I have limited experience with interim charging orders, most go from interim to final with no formal hearing. It seems to be essentially a rubber stamping exercise.

What is your experience with charging orders? Has the same thing happened to you?

I can't agree that it's a "rubber stamping exercise" unless the debtor fails to respond within the court timescale so a Hearing is not listed.

This link explains the process for the benefit of anyone facing a similar situation as the OP> https://www.nationaldebtline.org/EW/...SAAEgK_0fD_BwE

Di

[Spikeyuk]

Re: Final charging order - no hearing

Did you simply write to the court or did you file a Witness Statement etc in response the Judgment Creditor's application for a Final Charging Order?

You say you weren't informed of anything so did you write to the court after the CO was made final and not in response to an Application made by the Judgment Creditor?

Was the original CCJ a 'forthwith' Order or an instalment Order?

If it was an instalment Order and you had not breached that Order you may have been able to have a condition written into the Final Charging Order so it could not be enforced (no Order for Sale) unless you breached it. Or even have the Order suspended unless you breach the terms.

You say you're on a payment plan with the Bank but is that an informal arrangement?

What were the objections you raised in your letter to the court to see if you have any grounds for the CO to be set aside? Did you copy your letter(s) to the bank at the time?

The first issue would be how the CCJ was obtained in case legal procedure wasn't followed.

Who is the bank?

Who are the solicitors?

What is the amount of the CCJ/CO?

Was it (CCJ) obatined after 1st October 2012?

Finally, is the property in your sole name or in joint names? If it is in joint names then the CO will be a Restriction registered at Land Registry which is against your equity in the property and not the joint owner's.

Sorry for all the questions but they're necessary if you're looking to see if there's any hope of you unwinding the situation.

Di

Hi Diana,

Thanks for the reply.

I replied to the original Interim Charging Order from the court. All that said was that if I wanted to object I had to write to the court before the final hearing date which I did. It was very limited in what it said I had to do. I wrote a letter to the court setting out my objections to the charging order and asking for it to be set aside. Their paperwork didn't say anything about a 'witness statement' nor that I had to write to the creditor (I don't have a solicitor).

The payment plan was agreed as per the original CCJ so it's via an instalment order not directly with the bank.

The bank is Natwest but I am dealing with Drydens FairFax Solicitors who have been terrible and so far tried to convince me the agreement to a payment plan was by error and I had to pay the full amount to avoid the charge order. They also made mistakes on the application saying I'd missed payments which I hadn't etc.

The amount is around £10,600

It was obtained in August this year.

Property is in my name but I do not live there anymore as I am in the final stages of a divorce. My ex-wife and young daughter live there. She paid the deposit and also pays the mortgage which I also told Natwest and subsequently the court as their claim form stated there was nobody else with beneficial interest in the property which is false.

Thanks,
Simon

[Spikeyuk]

Re: Final charging order - no hearing

I received this from the court when I emailed them about it:

"Thank you for you email received at the County Court Money Claims Centre. I have reviewed the Case Management System and note that a letter was received on the 11 October 2017. This was added to the Case file for consideration when the file was referred to the Deputy District Judge. When a file is looked at by the Deputy District Judge it is at their discretion on how to proceed with the case based on the contents on the file.

You can make an application to the Court regarding the Charging Order to set aside the judgement. Please be aware that this application is subject to a requisite fee and payable by cheque to HMCTS. Alternatively, CCMCC offers a telephone payment service whereby your application fee can be paid by card payment."

[Diana M]

Re: Final charging order - no hearing

So the court is saying that the Judge used his 'discretion' not to list a Hearing but you have the right to make an Application for a set-aside of the Final Charging Order since there wasn't a Hearing.

You say you're at the final stage of your divorce proceedings so do you have a solicitor instructed to deal with that (divorce) because they may be able to help you with any set aside Application and/or even advise you on whether that would be prudent in the overall scheme of things (your divorce financial negotiations etc).

Di

[Spikeyuk]

Re: Final charging order - no hearing

So the court is saying that the Judge used his 'discretion' not to list a Hearing but you have the right to make an Application for a set-aside of the Final Charging Order since there wasn't a Hearing.

You say you're at the final stage of your divorce proceedings so do you have a solicitor instructed to deal with that (divorce) because they may be able to help you with any set aside Application and/or even advise you on whether that would be prudent in the overall scheme of things (your divorce financial negotiations etc).

Di

My soon-to-be-ex-wife had a solicitor look over our situation as it's very amicable and we agreed the financial split etc, they have files the divorce papers etc. but beyond that I don't have a solicitor. I've also made a settlement offer with a time frame caveat to the claimant of £7k (they initially rejected £6k) which I don't expect them to accept.

Would this be something you would be able to advise me on in a formal capacity external to this forum?

[Diana M]

Re: Final charging order - no hearing

My soon-to-be-ex-wife had a solicitor look over our situation as it's very amicable and we agreed the financial split etc, they have files the divorce papers etc. but beyond that I don't have a solicitor. . . .

Would this be something you would be able to advise me on in a formal capacity external to this forum?

Possibly (my email is in my forum signature) but you may need advice from a firm specialising in Family Law since the Charging Order issue appears to be wrapped up in your overall Divorce proceedings.

I'm glad the negotiations through your wife's solicitor are amicable at the moment, but independent legal advice is what you may need in my view.

Di