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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I obtained 2 final charging orders against a debtor

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hello, I obtained 2 final charging orders against a debtor a few weeks ago but now she has put in an application for the charging orders to be set aside. I have 2 main questions:
1) I cannot attend on the date the hearing has been set, when I asked for the date to be moved the court said I should instruct a solicitor to represent me instead. As this case started through money claims on line, am I correct in thinking I will not be able to claim the costs of instructing a solicitor? Can the court do this, it seems very unfair that I am already £8000 out of pocket and they want me to spend more (unrecoverable) money on this?
2) the defendant was present at the hearing where the final charging orders were made, can she claim for them to be set aside (I thought that only applied if the defendant claims they were not aware of the hearing)? The defendant is claiming she did not have enough time to prepare because she was travelling but has produced no evidence to support that claim, she also told the judge this at the hearing but he still awarded in my favour. Is there anything I can do block this on those grounds?
Many thanks for your help with this
Teri
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How was the ccj obtained please?
Customer: replied 1 year ago.
she was a tenant I evicted for not paying her rent, I obtained the CCJ through money claims online, it was awarded in default, she unsuccessfully attempted to have the CCJ set aside and also attempted a counter claim (which she later withdrew).
Customer: replied 1 year ago.
it was put on the small claims track when for her counter claim (I'm not sure if that makes any difference?)
Expert:  Ash replied 1 year ago.
On what basis is this attempting to be set aside?
Customer: replied 1 year ago.
she is claiming that she was travelling at the time the papers were sent and so did not have enough time to prepare for the hearing, she said all this during the hearing and the judge did not seem to think it made any difference. Personally I do not believe she was travelling for as long as she claims (3 months) and she has not provided any evidence to support her claims.
Expert:  Ash replied 1 year ago.
OK. Does she have any valid defence though?
Customer: replied 1 year ago.
what would constitute a valid defence? as far as I can see she is not presenting anything she did not already present at the charging order hearing
Expert:  Ash replied 1 year ago.
Ok, she would need to show that she has a reasonable prospect of successfully defending the claim. She would need to show she has some defence, the fact she didnt get the claim form is not enough. The Court says that claim forms only need to be sent to the last known residential address.
Therefore unless she can show there is a valid defence, any application to set aside would be dismissed.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
does this still need to go to a hearing or should the court cancel the hearing based on the fact that she attended the charging order hearing and has not presented any new information?
Expert:  Ash replied 1 year ago.
No, the Court will ALWAYS list the matter for hearing, rather than deal with it on the papers.
Does that clarify?
Alex
Customer: replied 1 year ago.
OK, so that takes us back to my first question, aren't the court obliged to hold the hearing on a date when both parties are able to attend?
Expert:  Ash replied 1 year ago.
Well the Court will list the matter and once you get a date, if you can't make it, you need to make an application to adjourn.
The Court wont list it on a date which is convenient to you straight away, you need to apply to adjourn.
Does that clarify?
Alex
Customer: replied 1 year ago.
how do you apply to adjourn? is there a specific form? I emailed them to say which dates I was available and they rejected it saying I should hire a solicitor instead. Did they reject my request because I did not follow the correct process?
Expert:  Ash replied 1 year ago.
Form N244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
You dont need to hire a Solicitor at this stage. But when you make the application make sure you put dates to avoid.
Does that help?
Alex
Customer: replied 1 year ago.
so I need to pay £155 to have another hearing to decide whether the hearing in February can be set to another date? Am I understanding that correctly?
Expert:  Ash replied 1 year ago.
No, £50 - without a hearing.
Alex
Customer: replied 1 year ago.
ok - thank you
Teri
Expert:  Ash replied 1 year ago.
Good luck!
Alex
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Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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