Ask a Law Question, Get an Answer ASAP!
I 've APPLied TO COURT TO SET ASIDE A CHARGING ORDER : I'VE READ THAT MY CHANCES ARE SLIM- MY PLAN IS TO GET AN IVA /I'M IN PROCESS OF GETTING AN IVA. TRYING TO PERSUADE OTHER CREDITORS TO AGREE TO THIS. DID WRITE TO JUDGE 7 DAYS TO HEARING TELLING HIM THAT I HAVE APPLIED FOR AN IVA.AS HAVE OTHER CREDITORS CHASING ME. AT HEARING I DIDn't SAY MUCH BUT I WAS GIVEN a n244 form .judge was sympathetic towards me, is applying for an iva gonna cut it?stand in court -obviously natwest is going to be difficult to convince to an iva.i need this charging order discharged.
don't tell me what i already know.have read a lot about this .
the ccj is a loan and a credit card.NATWEST.The the hearing was on25th feb i did attend .obviously didn't understand a word of what the judge and natwest representative were talking about.
what about the CCJ, was this defended?
i must say thecc j was applied before oct 2012.when i took the loan i already had ahouse but natwest didn't go for a secured loan.which i have hilighted in y n244 form reply to the court.
i will say no ,what do you mean defended?
Ok - when the initial claim was issued, did you defend it?
Did they get Judgment in default?
i will say no- what do you mean?
Ok - when you had the claim form, did you file a defence?
by jugdement default
What date was that?
i did not defend the ccj i tried to set up a payment plan that wenton for about a year but got into financial difficulty
What date was the CCJ?
so stopped paying then they went for the interim order then final order
ccj it dates back to 2011
Then you have a problem
You cant set aside the charging order because it was granted at a hearing
You can ONLY appeal it.
But you can only appeal if:
1) there was an error in law
2) there was an error in procedure
3) or the decision was one which no reasonable Judge could have made.
Sadly because there is a CCJ and you have been paying it, if you fell behind then they are entitled to apply for a charge.
Actually the law statues even if you are not in arrears you can apply for a charge.
As there is a CCJ the Judge is entitled to grant the charge.
The Judge would have no reason to refuse the application.
Therefore all you can do is appeal. but in reality you have no grounds to appeal.
You can't apply to set aside.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Why did they give me aN244 then?
Court staff are not legally trained.
But if there is a hearing you can't apply to set aside, it is an appeal
You can only apply to set aside if there has been a decision without a hearing
what for do i use for that?
what form do i use for that?
But you need grounds to appeal.
I dont think you do - the Judge was quite proper to make the decision
Sadly you can't appeal on merits - just because you dont like a decision
There MUST be something wrong with it.
is being on the process of applying for an iva reason enough? more over i have other debtors chasing me
You are not IN an IVA you are only applying it
who are willing to talk about an iva
If you were in the IVA then it may have been a different matter
This does not stop you going for an IVA
It just means the charge debt is now secure on property
can it be included in the iva?
No, because it is already secure.
They would have no reason to give it up, they have property as security
so really there is nothing i can do?
There was a CCJ, you fell behind, they applied for a charge, it was granted quite properly.
I am sorry that its not the answer you want and I wish the answer was different.
why did they take my N244 and my £80 if i cannot apply to set aside ? will they return it?
Because Court staff are not legally trained.
If you go back before a Judge, they will say the same thing
You have to appeal and your application will be dismissed
If you ask for a refund now then yes, you can get it back
Can I clarify anything else?
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
just one more question - if i propose to pay through court -will they allow that ?
Yes I would think so.
You could apply to stay enforcement of the charge based on payments of £x a month (whatever you propose).
Does that help?
what form will i need for that?
You can use form N244 for this and ask a Judge to do it.
So you could use the fee you have paid to ask the Court for a hearing for payment by installments
will it mean the charging order is still in place?
Yes, but they can't do anything about it whilst you may the agreed payments
do i have to go for hearing , i don't see a point of hearing as they talk over you and shut you down-most times don't understand what they are on about. better reading it .
they don't seem to have tie to explain for slow minds
Yes you would need to go to a hearing. But take your income and expenses details and a Judge can Order.
time not tie
You could apply for this without a hearing if you provide income and expenses
would rather do that - will get a new N244 form then problem is det is now
debt is now£16000 what can i pay £100
Yes you need a new form N244. You are asking to vary the order to allow for payment by installments
what about interest?
They are entitled to that if it was claimed on the original CCJ
will try that
not now, just looking at alternatives really . there doesn't seem to be much
Sadly not. I am sorry
Please remember to leave feedback before you go today