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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to set aside a final charging order. I was a partner in a law firm. I did not inves

Customer Question

I need to set aside a final charging order. I was a partner in a law firm. I did not invest any money in the firm. The firm was up and running before I joined. I did not share in the profits of the firm nor did I get paid. I got a commission for introducing clients. I left the firm after a year. The firm was closed. The landlord sued for rent and obtained judgement in default of defence.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
When did you find out about the proceedings please?
Customer: replied 2 years ago.
I got notice that the final charging order had been granted by a letter dated 03/06/15. I did not receive the notice/summons that there was a hearing.
Expert:  Ash replied 2 years ago.
So to be clear you did not get:
1) Notice before action
2) Claim form
3) Notice of Judgment in default
4) Notice of interim charging order
5) Notice of charge from Land Registry
Is that right?
Customer: replied 2 years ago.
I got all notices except for the final charging order. I could not deal with the previous notices due to ill health and other personal factors. My niece had been diagnosed with a brain tumour, I didn't have a job, Etc. I just did not have the presence of mind to do anything. Besides I was depressed and away from my home for long periods. Somehow I just thought that the interim order would sit there and that I would get the time to deal with it before it got serious.
Expert:  Ash replied 2 years ago.
Did you apply to adjourn? With the interim order you had a notice of a return date, is that right? So when did you first become aware of the proceedings. When did you get proceedings?
Customer: replied 2 years ago.
Did not apply to adjourn. I was not in the frame of mind to do anything then. This matter has been going on for years. CCJ was granted in asept 2010. Can't remember date of interim charging order but final order was granted 27/05/15. I believe that I was not a proper party to the litigation. I was a non equity partner.Note that I successfully defended this position of being a non equity partner at a disciplinary hearing before the SRA.
Expert:  Ash replied 2 years ago.
You need to apply to set aside using form N244. There will be a hearing fee of £155 to pay and the Court will list the matter. The form is here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
You need to show:
1) You have a realistic defence
2) You acted promptly
I think 2) you will have most problem with. You said you got all notices apart from the final charge so you knew about the claim form, then CCJ then interim charge. I think based on this you may fail especially if it goes back to 2010.
But the defence I think you are ok on. Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
I was a non equity partner so not the proper person to be sued. The other partner can not be found so I have been saddled with the entire debt. I was not a party to the lease.
You say me defence is ok so why do you think I will not be successful? If I am unsuccessful, what next? Will I be made to pay a debt not properly mine? I have been slothful but should I be penalised for this?
Expert:  Ash replied 2 years ago.
I think the delay is an issue. The Court has to consider this. You have waited 4 and a half years when you had the Court claim form. The Court has to consider whether you have acted promptly.
That is why I think it may be a problem.
Does that clarify?
Alex
Customer: replied 2 years ago.
So in essence I can be forced to pay a debt not properly mine because of lapse of time?
Expert:  Ash replied 2 years ago.
The Court MUST consider whether you have acted promptly. These are the rules when considering an application. Please see it here:
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13
Rule 13.3(2)
(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
Does that clarify?
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex