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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3609
Experience:  Solicitors 2 years plus PQE
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On applying for a mortgage I have discovered that there is

Resolved Question:

On applying for a mortgage I have discovered that there is a County Court Judgment on my credit report and I have received a Final Charging Order on property I own but do not live in. The judgment is against a debt that I am said to owe to the National Bank of RAK, Dubai. UAE.
I have been working overseas for a number of years and as such I have not received any notices, demands etc. from the UK solicitors acting for the bank as I do not live at the address or been in the UK for the for any period of time over the last 12 months. I have therefore not had an opportunity to refute, defend or agree on any item before the judgment was made.
What are my legal rights in this case?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome. When was this Judgment made? When was the final charging order granted? Kind regards AJ

Customer:

Yes

Alex J. :

Thank you - was the Judgment a "default Judgment"? Could you tell me how long ago it was made? Kind regards AJ

Customer:

The charge created by the order was made on 26th August 2014 and the final charging order was made on 06th October 2014.

Alex J. :

Hi, Thank you. Does the Judgment say it is a "Default Judgment"?

Customer:

No, it states:

Customer:

1. The charge created by the order made on 26 August 2014

Alex J. :

Hi, Thank you. If you genuinely believe that the order should never have been made and you have defence against the debt, then you should apply under Civil Procedure Rule 73.9 and S.3(5) of the Charging Orders Act 1979 to have the charging order set aside. This can be done using either Form N244 or Form N379 - you will need to confirm which is the correct form with the county court where the order was made.

Alex J. :

I look forward to hearing from you. Kind regards AJ

Customer:

My understanding is that I should have presented with any required notices, orders, notice of proceedings etc. to have the opportunity of agreeing the original amount of the debt and any repayment methods. As I do not reside at the address and have been overseas I have never received any such documentation. Does this give my legal rights to question the judgment?

Alex J. :

Hi, Thank you. That depends on what service address you placed on the loan documents. It may give you the right have the charge and you will still have to apply to do so, if they did not correctly serve you.

Alex J. :

What address did you give them for service?

Customer:

Apparently it is for a credit card debt and I don't believe that I would have given them a UK address for the application as all the application forms etc. were dealt with in Dubai, UAE. I understand that the solicitors who filed the claim searched the UK with my details to find the property. Again, I very much doubt if a credit card application form in Dubai would advise you that any debt would be offset against property.

Alex J. :

Hi, Thank you. They have not offset the debt, they have sought security on the basis that the debt has not been disputed.

Alex J. :

If you gave then a service address not in the UK then they should have served you at the address you gave.

Alex J. :

So this may be grounds to set the charge aside. How much do you owe

Alex J. :

?

Customer:

From the credit report I owe 11,344 with interest being added. As previously stated, as far as I am aware, the local UK solicitor gave them my UK address from a search he must have carried out. The question is as was not given the opportunity to dispute the debt, can it be disputed now?

Alex J. :

Hi, Thank you. Yes you can dispute the debt. But there are two elements to this 1) The debt 2) enforcement proceedings i.e the charging order.

Alex J. :

Firstly you want to the opportunity to remove the charging order on the basis that it was not properly served on you.

Alex J. :

Secondly on what grounds do you dispute the debt?

Customer:

Correct, if possible I would wish to have the charging order removed as it was not served on me correctly and secondly, I would dispute the amount of the debt and the fact that I didn't have the opportunity to settle the debt before any judgment order, or have the opportunity to agree the value of the debt and the possible repayment options.

Alex J. :

Thank you. Firstly you need to apply to have the charging order set aside. This is on the basis that you were not served properly and were not in default. If the bank does not have a judgment and only a charging order, then you will have to negotiate directly with the bank to settle the account.

Customer:

Can I therefore assume the following, 1. I can apply to have the charging order set aside which should be approved as I was not served properly. This I can do by completing form N244 and having a solicitor represent me in court as I am not in the country. 2. The 1st claimant on the charging order is 'The National Bank of Ras Al Khaimah, Dubai. UAE but addressed to the UK solicitor who I presume are representing the bank so I do not know what the bank has or any understanding of the relationship between the bank and the UK solicitor. In summary, I believe that I have sufficient grounds to have the charging order set aside and negotiate with the UK solicitor representing the bank to settle the account. Is this a correct assumption?

Alex J. :

Hi, Thank you. I cannot guarantee that the charging order will be set aside, but you certainly have grounds to apply. Just check with the County Court whether it is form N244 or N379 (I think it will be N379).

Alex J. :

Before you serve the application call the lawyer and ask him to confirm he is instructed to accept service of documents.

Alex J. :

The solicitor may not have authority to negotiate but you will need to negotiate with the bank in order to stop them reapplying the charging order.

Alex J., Solicitor
Category: Law
Satisfied Customers: 3609
Experience: Solicitors 2 years plus PQE
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