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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I need help on challenging a Charging Order which is due to

Resolved Question:

I need help on challenging a Charging Order which is due to be heard in court on 31/03/2015 at 11am.
I am unable to pay the full amount of £9,264.39 (including any interest and costs), however I am able to raise approximately £4000.00 by the 31/03/2015.
What is the best way for me to deal with this case and convincing the judge regarding the charging order to be discharged.
This case has been brought against my grandmother, and the value of the assets they want to charge is 2 properties with a combined value of approx £1m. The property's have a third party charge against them in favor of a Bank due to borrowing against them by a company owned by my Grandmothers two sons
The total debt of £9264,39 can be cleared in 4-6 months.
Also three days prior my grandmother received a visit from the sheriffs office demanding the sum of £10,107 including his costs etc however sent away after i showed him an application which was sent to court for an N245 application sent on the 29/01/2015.
I thank you in advance for any help and direction.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Whose is the debt and who owns the properties?
What is the problem if the Order is made?
Clare
Customer: replied 2 years ago.

Hello

The debt belongs to my Grandmother and she owns the two properties they are making the charging order under. She is 81 years old so she can't defend herself.

The problem of their being a charging order is that the properties have already been pledged to a bank with a third party charge for a loan given to my grandmothers sons for a business and this will cause problems for that reason.

Regards

Iqbal

Expert:  Clare replied 2 years ago.
Hi
On what basis are you saying that the debt is not due?
Clare
Customer: replied 2 years ago.

Hello Clare,

We are not saying it's not due, we would just not like a charging order placed on the property. As if it is placed then the bank which has a third party on the charging order properties will probably pull funding provided on my grandmothers sons business.

Regards

Iqbal

Expert:  Clare replied 2 years ago.
Hi
The news is not good I am afraid
The only basis on which you could stop this happening is if the debt was paid off in full or if you could prove that the properties were already mortgaged so that there was no equity in the property.
I am sorry - i appreciate that this does not solve your problem but there is simply no legal way around this
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you

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