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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can the final charging order be set aside after 12 years?

Customer Question

Can the final charging order be set aside after 12 years?
Submitted: 2 months ago.
Category: Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain a little more about the background please

Customer: replied 2 months ago.
I have a house on my name, but I never lived in it for a single day. The debt belongs to the person who lives in this house and did not dealt with the debt and did not informed me about it. I only find out that charging order exist when I tried to make a re-mortgage.
Expert:  Clare replied 2 months ago.

Whose name is ***** ***** Title deeds?

Customer: replied 2 months ago.
My name
Customer: replied 2 months ago.
He can witness in court that the debt is his, and he never passed correspondents about court order to me.
Expert:  Clare replied 2 months ago.

How was the Charging Order Registered if your name was not on the debt?

Customer: replied 2 months ago.
I don,t know what evidence they produce in court, but they knew my name as I was working for the guy as employee at the time.
The debt was on builders merchant account and I was one of the people who collect the goods on that account with my signature on collection slips.
Customer: replied 2 months ago.
Is there any way to request from court what documents they produce to back they claim?
Expert:  Clare replied 2 months ago.

What does the Entry on the Register actually say?

Customer: replied 2 months ago.
copy attached
Expert:  Clare replied 2 months ago.

OK

can you send a copy of the Office Copy Entries for the property - the proof of ownership

Customer: replied 2 months ago.
Attached
Expert:  Clare replied 1 month ago.

Sp you are AT?

Customer: replied 1 month ago.
Expert:  Clare replied 1 month ago.

Ok

have you obtained copies of the original Particulars of claim and worked out why you did not receive them?

Customer: replied 1 month ago.
No, I did not received them because they has been posted to***** E15, but I don't leave at this address, never has. The original documents that has been posted, now lost.
Customer: replied 1 month ago.
any news?
Expert:  Clare replied 1 month ago.

My apologies - this disappeared from my list.

Have you contacted the courts and got further copies?

Customer: replied 1 month ago.
No, I did not. I am actually don't really know how to do that. Please advise. Thanks.
Expert:  Clare replied 1 month ago.

The Charging Order relates to a County Court Judgment that was entered against you.

In Order to have the Charging Order lifted you need to apply to the Court to have the Judgement set aside

To do that the starting point is to get full copy of the claim from the court then apply to set the Judgement aside so that you can defend it on the basis that the debt is not yours.

Once the Judgement has been set aside then the Charging Order will be lifted

You need to Contact St Albans County Court, quote the case number ***** ask for a copy of the Particulars of Claim

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 month ago.
Received 3 letters, all for different names but same address and they want more money.
Expert:  Clare replied 1 month ago.

The position remains the same - you need to follow the process set out above

Customer: replied 1 month ago.
Look, I am just wondering is there a good chance to set it a side and would you be able to help with it. I am happy pay for the service.
Expert:  Clare replied 1 month ago.

Based on what you have said you have a reasonable chance of success.

Sadly we are a question and answer forum and cannot deal with the matter for you - just support you if you decide to deal with it yourself