Charging order for £3k, is this good or bad news?

[PlanB]

Re: Charging order for £3k, is this good or bad news?

The date of the order is 21st April.. . . . Would it be a good idea to seek a further assurance from Restons as this would save me incurring any court fees?

I believe Restons can consent to a set-aside application but whether they are willing or not is another matter.

If you don't have grounds to get the final CO set-aside or the Interim Charging Order "discharged" then I think you may be able to apply to vary the final CO under CPR 73.9 so that may be the way to get a condition inserted.

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

Plan B x

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Hot stuff Plan B. I've also noted paragraph 73.5. x

[Joanna Connolly]

Re: Charging order for £3k, is this good or bad news?

You should make an application to vary the Order as suggested by Plan B - it may be an idea to also asked for the original Order to be varied to allow for payments by instalments that you can afford.

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Well, the good news. The land registry who sent out the order said it's an interim order even though there's no mention of a final hearing date on it. The County Court said that I'll be sent their copy of the order which does have a final hearing date on it. When I receive that I'll send a letter to the judge asking him to put an appropriate clause into the final CO ie no order for sale as agreed by Restons. I'll attach a copy of their letters. Hopefully this will work in my favour. Thanks for your replies and I'll let you know how I get on.

[PlanB]

Re: Charging order for £3k, is this good or bad news?

The land registry who sent out the order said it's an interim order even though there's no mention of a final hearing date on it. The County Court said that I'll be sent their copy of the order which does have a final hearing date on it. When I receive that I'll send a letter to the judge . . .

I'm not following

So you've received a copy of the Interim Charge from Land Registry but you've not yet received Notice of any application to the court for the Final Charging Order with any date of that hearing.

Have I got that right?

You said you'd email me the documents but I've not received them.

Plan B x

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Yes, that's correct Plan B. The copy from the land registry doesn't have a final hearing date on it. The court copy does but it's not arrived yet. I'll wait for that and then let you see it. :-) x

[PlanB]

Re: Charging order for £3k, is this good or bad news?

The copy from the land registry doesn't have a final hearing date on it. The court copy does but it's not arrived yet. I'll wait for that and then let you see it.

Both hearings have past. I received the CO yesterday hence my posting. Had I been informed of the final hearing I would have . . . .

^^^^ Now you can see why I was confused. A few days ago you said both hearings had been and gone

Since that's not the case, you haven't missed the boat to oppose the Final CO which you must do at least seven days before the hearing date.

If you want to ask the court to add a condition of no Order for Sale they would probably need to see an instalment offer from you so the condition would say no Order for Sale on the condition you keep up with the agreed instalments. Something like that.

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Hi Plan B,

I thought the hearings had gone because the wording on this document said "Equitable charge created by an interim charging order etc" and an Agreed Notice has been entered on the register. It looked pretty final to me and the fact there was no mention of a further hearing date had me flummuxed. Still, I know where I'm at now :-) Thanks.

[PlanB]

Re: Charging order for £3k, is this good or bad news?

I've received your copy of the Interim Charging Order.

Your Final Charging Order hearing is listed for 1st June 2015.

You will need to tell the court if you wish to oppose this at least seven days before the hearing date.

You can go to the hearing and ask the court to consider various options.

You may think that Restons are making helpful noises but they are notoriously foul-players. Be warned.

Please will you nag us for help by the end of next week.

Plan B x

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Thanks Plan B. Is there a reason why Reston's have asked about my other creditors? More to the point do I have to share this information and is it disadvantageous to me?

I have another matter with Restons and for 6 months they/their client havn't been able to comply with my s78 request It halted their CT proceedings, stopped it dead. They're making all sorts of nice 'amicable settlement' noises he he. I've no intention of helping them though, nasty horrible people.

[julian]

Re: Charging order for £3k, is this good or bad news?

When they go for a Charging Order, the claimant is supposed to advise all other creditors. They rarely do. With the info they should contact them and ensure that the other creditors will not have prior claims which render the CO completely worthless ie if no equity in property. Also at the Final Hearing, you could claim that they had an unfair advantage over other creditors. So they are trying to avoid losing the CO and the court costs.

I cannot advise you whether to tell them now or keep them in suspense.

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Ah, thanks Julian. I'll sleep on your comments and have a think tomorrow.

[mike'y]

Re: Charging order for £3k, is this good or bad news?

I've had a reply from Restons. They say

"We can confirm we have no instructions from our Client to enforce an Order for sale. The reason behind our application for a Charging Order is to provide our Client with long term security so that the balance will be repaid from any proceeds should the property be sold or remortgaged in the future. We trust this clarifies our position".

Given the above would it be a good idea for me to ask the ct to vary the CO to include a 'No order for sale' clause? If I achieved this I'd be satisfied I could put this one to bed. Thanks.

[mike'y]

Re: Charging order for £3k, is this good or bad news?

I'm going to have to write a letter to ct today or tomorrow. I'd like to achieve what I've asked in my post above. Maybe also politely somehow mention that afaik interest doesn't apply to credit card debts? I'll also probably mention that I did make an offer of token monthly payments to the creditor, (offer declined). I'll send a copy of the creditors letter stating that they only want security for their clients and that I'm happy to accept that if I can have the 'no sale' clause. Otherwise I'd wish to oppose the order. Hopefully the Judge will just rubber stamp things.

Has anybody got any suggestions that may be helpful? Last thing I want to do is upset the Judge. Thanks.

[Never-In-Doubt]

Re: Charging order for £3k, is this good or bad news?

I'll ask Jo if she's free mate. Sit tight