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Non payment of costs and Interim Charging order help please

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  • Non payment of costs and Interim Charging order help please

    In March we went to court and was ordered by the judge to pay costs which were summarily assessed.

    We expected some kind of demand note from the other sides solicitors with bank details etc but did not receive anything

    We have now just received an Interim Charging order on a property that we own.

    Please can someone explain :

    1. What the normal procedure is ? Should the solicitor have contacted me to ask for payment?

    2. What I need to do to stop this Interim Charging order.

    3. Do I need to contact the court or can I just deposit the payment into the claimants account and will that be the end of the matter?

    Thanks in advance.
    Tags: None

  • #2
    You could have made payment as ordered. It should not have been any problem for you to make a phone call requesting details of how and where to pay. As a result of non payment, you now may have additional costs to remove the charge, Contact the claimant and make payment and ask them to confirm payment so that an application can be made to remove the charge.

    Comment


    • #3
      Q2. Pay now.

      Q3. Both.
      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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        I didn't realize the onus was on me to ask for account details. There was ongoing litigation and I was in contact with the other party (my tenant) and their solicitor throughout. I thought that they would have at least had the decency to contact me before taking this sort of action but I guess I was wrong.

        Comment


        • #5
          You were wrong. Make contact and pay up to clear this

          Comment


          • #6
            You may have misunderstood the word "order". Your creditor may have thought you would have the decency to contact him to arrange payment.
            Last edited by atticus; 25th June 2022, 09:53:AM.
            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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post
              You may have misunderstood the word "order". Your creditor may have thought you would have the decency to contact him to arrange payment.
              Thankfully I have not had to go to court or experienced an 'order' before.

              Thinking logically thought f there was a letter before action maybe the courts wouldnt be so busy!!

              I am planning to pay the judgement amount into the tenants bank account and then send an email to the tenant and the court to inform them that this has been paid and asking for the interim order be removed, would that be the correct course of action?

              Comment


              • #8
                That should work.
                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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment

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