Thank you for your response, it does sound though that it is going to be extremely costly to get a barrister to go through the considerable correspondence? Also, the more urgent matter at this stage is to remove the CCJ. They asked us to not to contest a charging order to my property, as they came up with the figure of £37k, and we had no means of paying this imminently in cash. We figured that if we went along with their request, it would buy us some time to investigate their potentially harmful actions over the previous months/ years, of which we were not aware until pointed out by the other side solicitor after their charging order hearing. They were prepared to speak to us directly by this point, because our solicitor had submitted the relevant forms to say that they were no longer representing us. Obviously the other side solicitor is the party with the most detailed and informed information about what has happened. They have commented that our counterclaim was only an equitable assignment and not a legal assignment, as the case was being bought against us personally as they believed we had fallen foul of Section 216. As I said previously, it is a very complicated case, but incidentally, we have NOT been prosecuted or in any way accused of any wrong doing under section 216. We have been exonerated by both the Official Receiver and the department for Business, Innovation & Skills. This was a point that the other side solicitor pursued like a dog with a bone, but our solicitor failed to convince them otherwise, despite the letters we had.
So, the other side solicitor has recommended that we attempt to resolve the point about the assignment with our solicitor, and if this does not work, then refer it to the Ombudsman.
In the meantime, I am more concerned about the CCJ being on our public record. We understood that they would apply the charging order to my property, without it affecting my public credit record, which is why we agreed to not contest it. The fact that they obtained a CCJ, and now simultaneously have an interim charging order does not seem right, especially as they have never justified this sum. We have called them and emailed, but they have not replied. The CCJ is affecting our business because we need to renew leases on our vehicles, but are unable to do so under the circumstances. Please can you advise? Thank you
Thank you for your response, but I would like clarification of whether or not they should be permitted to leave the CCJ on our record now that they have obtained the interim charging order? Do we need to instigate an application to have this Judgement set aside, or should it be a quicker process if they were to instigate it from their side? At the moment, they are doing nothing, presumably because we have not pushed them to, as we do not understand the legal position sufficiently. Please could you clarify this point?
I am happy to treat this as a separate question, as I have an unlimited subscription and it doesn't really make any difference to me, but it seems to me to be all part of the same problem. I will rate, and then send another request for this question to be answered.