Biggs V Lloyds TSB credit card

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Just keep hold of the letter and wait to hear from the court.

What they may be doing, if its not a cross in the post situation, is applying for an interim charging order whilst the set aside hearing is pending.

This is basically a temporary charge over the property incase anything happens between now and the resolution of the case in court. When the set aside is granted this will be ordered removed, and if they do go on to get a ccj they would have to reapply for an interim charge order then go to hearing to obtain a final charging order.

I'm sorry to hear your news ((((((((((((((((((hug)))))))))))))))))))))) try not to worry about this it will all come out in the wash and you have done everything right thus far.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

Thanks for that the main concern is that they a hearing date for the charge on the house before the set aside hearing. It was all done by the same county court. The charge on the house hearing is set for the 22nd of October and the set aside hearing is set for 18th November. Should i go and talk to the court and mension this as it would seem that they applied without takeing note of the set aside hearing.

Thanks for the kind words.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

In that case yes, send in a witness statement to the court regarding the charge order hearing and ask for it to be adjourned until after the set aside hearing, or heard with it.

If you want to draft something we can work on it over this week and get it in in plenty of time.

The hearing you have been notified of, does it say for interim or final charging order ? and have you received any documents from the land registry ?

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

It says interim charge order and yes there is a document from the land registry. They did also ask if I wanted to make a settlement offer.

What sort of text do I need put into the statement.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Okay its for a final charging order then so it definately needs adjourning until after the set aside hearing.

I think the best thing is to write to the Judge pointing out the final charge hearings before the set aside and to shift it to after, and also send in a witness statement saying the same so if he wants things formal its not too late to submit that for the final charge hearing.

The letter just needs to explain the position. The Witness statement needs to be a bit more formal, will do a quick draft for you a bit later on and we can work on it together.

The site might be down again a bit today as we are changing our hosting over to sort out the database issues we've had over last few days.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

Please find attached a letter for the court to adjourn the hearing.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

so why does it say interim when it is a final charging order. Also does it mean they might be a bit concerned with that fact that they are trying to lure me into makeing an offer of settlement.

[Mochamoo]

Re: Biggs V Lloyds TSB credit card

Swepstone, you've left all your personal details on that letter, you might want to blank them off.

BTW you live 10 mins from me

[swepstone]

Re: Biggs V Lloyds TSB credit card

Wow how cool is that.

I have changed it now it was late when I put it up and forgot. So are you a legal person.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

The interim charge order is already in place if you have the documents from the land regsitry already. They can do this then have to go to court to get it formally put on which is known as a Final charging order.

Will have a look at the letter now.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

just amended a couple words otherwise lovely


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Dear (name of judge who is doing the hearing should be on the court Paperwork)


I would like to draw your attention to Claim 6XR86392 Lloyds TSB v Biggs as reference above. The default judgment in this claim is subject to a set aside application and a hearing date has been set for the 18th of November 2009 at 2pm in Reading County Court.

The claimant has made a request for an interim charging order on my property and a hearing date has been set for this on the 22nd of October 2009 at 2pm.

I ask that this hearing of the 22nd of October be adjourned until after the set aside hearing on the 18th of November.

I will also provide a witness statement to the court in due course.


Your sincerely






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[Mochamoo]

Re: Biggs V Lloyds TSB credit card

Wow how cool is that.

I have changed it now it was late when I put it up and forgot. So are you a legal person.

Lol very very far from it x But if you do want someone to come to court with you as moral support I will x

[swepstone]

Re: Biggs V Lloyds TSB credit card

Mochamoo

That would be good to have someone there as a bit of support.

Thanks
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Amethist

When do I need to submit the witness statement to the court.

Thanks for your help on the letter.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

around 8th October (14 days before hearing) so should give court a chance to have a look at your letter first

[Mochamoo]

Re: Biggs V Lloyds TSB credit card

Mochamoo

That would be good to have someone there as a bit of support.

Thanks
.

When you know which date it will be let me know, we can meet for a coffee before hand (or a glass of wine if your nervous lol )