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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Judgement - 29th March 2014. in favour of claimant charging

Resolved Question:

Judgement - 29th March 2014.
in favour of claimant charging order 3rd February 2009 that my property be shall be sold 30th September 2015 by the claimant.
The original debt was my deceased wife's who pawned an Edward Sego picture for £3000.
The claimant sold the picture on e-bay for £365 - and since then has pursued myself as her executer.
The debt with interest has today accrued to £30,000. I have on the 7th yr of the original contract in October 2014 paid the claimant £4,597 being a 7yr payment with interest that a £3000 loan would have cost from First Direct.
I also have paid since February 2013 paid monthly to the claimant £100.
Question - a/ Can I appeal the judges decision to grant the sale of my house now that I have managed to pay a reasonable amount towards the debt? b/ stop the interest accruing c/ appeal against the claimant 'under the consumer credit act 2006 unfair relationship test' ? d/ appeal against the judge who to my mind should never have granted a sale of my property for such a small sum?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

Was the oridinal judgment made at a hearing, or by default (i.e. through you failing to cooperate in the claim itself)?

Customer:

Through a hearing

tdlawyer :

OKay.

tdlawyer :

In answer to your questions then:

tdlawyer :

a. It can be difficult to appeal (which is challenging the legal basis on which the decision was made). However, if there are a change in circumstances, then you can apply againt to the Court (using Form n244) asking the Court to suspend the order for sale.

tdlawyer :

b. Interest accrues on debts over £5,000 by statute so it's not possible to stop it. However, if you agreed a payment plan with the creditor, you could agree as part of that to stop the interest accruing. This is what professional debt advice surgeries do for clients all the time.

tdlawyer :

c. If you have a judgment against you, then you can only appeal on the basis that the judge got the law wrong at the initial hearing. Obviously, I don't know what was considered at your hearing, but if this wasn't put to the Court, then it might be very hard to appeal it. Often, appeals are difficult where the Court makes a decision based on its own discretion.

tdlawyer :

Does this answer your question?

Customer:

Could I appeal to a higher court?

tdlawyer :

That depends on whether the Judge got the law wrong in your hearing. Because I don't know what arguments were put to him, I can't say for sure, but what you can always do is seek permission to appel anyway from a higher court and see whether it grants it. This will give you a good indication as to whether it stands any chance of succeeding. You always need a court's permission to appeal anyway, and this is always the first step that you would have to go through.

tdlawyer :

The court will usually only allow permission to appeal IF there are "reasonable prospects" of winning the appeal.

Customer:

Last question - How do I go about doing that ?

Customer:

Thank you

tdlawyer :

You can get a guide here: http://uk.practicallaw.com/4-521-8836

tdlawyer :

Thank you! Hope you have a good weekend. Good luck.

tdlawyer and 2 other Law Specialists are ready to help you