Hi everyone,

[roadrunner361]

I am desperate for some advice and I hope someone can help.

I have spent a month running around trying to find legal help but have been unsuccessful so far.

I received and Interim Charging Order just over a month ago relating to a default judgement obtained in August without my knowledge for £32,000

The claimant posted me the Interim Charging Order a week before the hearing detailed in the ICO. When I called the court they confirmed that the claimant provided false addressI was persuaded into buying a bungalow jointly with someone 5 years ago. The joint owner who stated he was a builder proposed that we buy a bungalow ( that he had sourced previously) jointly with my deposit of £32,000.

Throughout 2008 I was harassed by the conveyancing solicitors and the mortgage adviser into buying the property, both sourced by the joint owner. It was agreed that he was to live there for a period of 3-6 months whilst paying the mortgage and other expenses using his skills as a builder to do it up, sell and split the profits. However, his real intentions became apparent after purchase. After exchange of contracts I was refused a key and entry. He then proceeded to attempt to defraud me of my deposit using any means necessary. A campaign of false harassment charges commenced shortly after purchase. Despite a lack of evidence he instructed a solicitor on the matter claiming damages of £32,000. The matter was to be heard at Central London County Court together with my order for sale with a scheduled trial date in late 2013.

However, instead of complying with court procedure he frustrated the process at every juncture, including dis-instructing his solicitor, not agreeing a handwriting expert in relation to his allegations and not paying the trial fee. Both my Order for sale and his harassment claim were struck out.

Since 2011 the house has been in arrears which reached £8,000 this year. Santander obtained a suspended possession order in May. The joint owner in occupation managed to come to an arrangement to clear the arrears but is not honouring it.

In the meantime, unbeknown to me, his wife has fraudulently obtained an interim charging order of £32,000 by default at Northampton County Court by supplying the court with false address details for me. The matter came to my attention three weeks ago when they sent me the Interim Charging Order detailing a hearing date of 3rd October 2014.

At the hearing his wife produced a Certificate of Service that she claimed was served on me. It was not. I have not received any documents pertaining to her claim because she told the court I lived at her address, the property I own jointly with her husband. They are fully aware of my address.

I informed the Judge that she has committed fraud in an attempt to obtain property by deception which has been reported to the National fraud Bureau. The Judge has given me until the 9th December 2014 to produce a defence after which the Interim Charging Order will become final.

[FlamingParrot]

Re: Hi everyone,

Hi and welcome to LB

With regards to the Charging Order hearing, you can put forward arguments why they charge shouldn't be made final but, sadly, those hardly ever succeed and the court ends up granting the final CO in most cases.

Much more significant are the issues leading up to the £32k CCJ and resulting charge. Under the circumstances, I'd say you could have a good case to apply to have the judgment set aside. If you succeeded, the charge would also be removed, no judgment = no charge. :thumb:

You need to submit an N244 application form and pay a fee of £155.You may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits. Form ex160a provides full details. Most applications will be dealt with at a hearing. If the case began in a different court, it will be transferred to your local county court for a private hearing with a district judge.

You may want to look at this thread: http://www.legalbeagles.info/forums/...ants-in-Person

Have you got any paperwork explaining where the £32k claimed came from? :noidea:

[roadrunner361]

Re: Hi everyone,

Hi

Thank you for your reply. Yes I do have the paperwork that proves where the money comes from. It was an inheritance. Do I need to include that in my evidence?

It is also important to note that the claimant deliberately provided the court with a false address for me, she gave her address in order to control the case. That is surely misleading the court to gain unfair advantage!

As a result she did not serve me with any claim or accompanying documentation only a copy of the Interim charging order detailing the hearing date one week before the hearing.

Another question I have is how much of the past is relevant evidence to submit as part of the witness statement? I could go into a lot of detail as to how these people have misled the court in the past. Should that be part of the draft defence?

I still cannot provide a proper defence because I have not received the claim and documentation filed at court.

[nemesis45]

Re: Hi everyone,

I agree with FP.

You should outline the previous " conduct " of the people concerned, false addresses given to gain an advantage.
Keep it simple as in.

On xxxxx they gave a false address when applying for xxxxxxxxx.
Make it easy for a judge to follow chronologically.

[roadrunner361]

Re: Hi everyone,

Hi Nemesis 45,

Thank you for your reply.

May I ask, in the absence of the claimant's claim and accompanying evidence should I attempt to do a draft defence and if so what should I include?