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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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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: 8 days ago.
Category: Law
Expert:  Clare replied 8 days 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 8 days 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 8 days ago.

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

Customer: replied 8 days ago.
My name
Customer: replied 8 days ago.
He can witness in court that the debt is his, and he never passed correspondents about court order to me.
Expert:  Clare replied 8 days ago.

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

Customer: replied 8 days 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 8 days ago.
Is there any way to request from court what documents they produce to back they claim?
Expert:  Clare replied 5 days ago.

What does the Entry on the Register actually say?

Customer: replied 4 days ago.
copy attached
Expert:  Clare replied 3 days ago.

OK

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

Customer: replied 2 days ago.
Attached
Expert:  Clare replied 1 day ago.

Sp you are AT?

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

Ok

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

Customer: replied 1 day 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.

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