Charging order

[NDR]

Re: Charging order

Yes lowells.

- - - Updated - - -

Yes lowells. Can they force an order of sale if the property is in joint names??

[PlanB]

Re: Charging order

They have finally set up the dd

You say they have now set up a DD so fingers crossed they'll take your money from now on.

Have you got B W Legal's bank details (sort code and account number)? If they fail to take the DD why not set up a payment to them which I doubt they'll reject and return.

[PlanB]

Re: Charging order

Can they force an order of sale if the property is in joint names??

NO

Have a nice Valentine's weekend and put this unnecessary worry to the back of your mind.

Plan B xx

[PlanB]

Re: Charging order

The co was on 29.1.15 whilst I was paying but I had no knowledge of the hearing.

There isn't a hearing for an Interim Charging Order. The judge makes the decision without the parties being present. If there's a CCJ over £1k then there's an Interim Charging Order and that's that (since 1st October 2012) if the creditor wants one. It's not done on the court's own initiative.

I'm afraid to say this is routine to prevent a debtor disposing of assets before the Full Charging Order hearing which you have been notified will take place on 9th March.

If you want to object to a Final Charging Order (and I think you should since you have a payment arrangement in place with the solicitors for the Claimant and possible other reasons) then you must object in writing to the court at least seven days before the hearing or the Final Charging Order will happen pretty much automatically.

Read this (CPRs on the subject) and then see if we can offer you any help which I'm sure we can. You need to keep an eye on the diary of events too

https://www.justice.gov.uk/courts/pr...art73#IDATWUBB

[PlanB]

Re: Charging order

I went to court and fought against mine and won! I know the rules have changed but I will try find my defence later.

Did you find your Defence Cym?

This may help to point NDR in the right direction for their hearing early next month. I think they have to file their Defence by 2nd March (i.e in less than two weeks time).

[cymruambyth]

Re: Charging order

After battling with my laptop which appears to be working in a different realm from me, I have accessed my documents and hopefully can attach my successful CO defence. I am not sure if the rules have changed, but it should give some pointers.

[PlanB]

Re: Charging order

attach my successful CO defence. I am not sure if the rules have changed, but it should give some pointers.

Wow, Cym that's brilliant. I'm not surprised you won. Well done you.

[cymruambyth]

Re: Charging order

Thank you planB, I sweated blood over that!