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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69544
Experience:  Over 5 years in practice.
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Hi i have just been told that 6 interim charging orders have

Resolved Question:

Hi i have just been told that 6 interim charging orders have been made final without me being present even though I only knew about 4 of them, I had to call the court initially because I had only received 2 of the interim orders but they did tell me about 2 more over the phone but I decided not to attend the court as i had accepted the fact that the 4 would be granted but my point is that in the last 2 week period between me talking to the court and the final hearing I find out about two more interim orders after they have been made final so can I do anything about the two I did not know about or do i just accept the fact that they have been granted? i have phoned the court and asked for copies of what I have supposedly been sent but someone is calling me back monday.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?

what are you trying to achieve?
Customer: replied 2 years ago.

I was happy to let them have charging orders on the 4 properties but I live in the last one so would have gone bankrupt if it meant stopping someone getting a charge on the house as there is no equity in it anyway which is why I never went to the hearing as the court had only sent me copies of the two interims and then verbally told me about two other ones, so if I had not been told about the interim order am I able to get it set aside on the grounds of me not being told about it?

Expert:  Remus2004 replied 2 years ago.
Do you accept that you owe the money?

Do you have any other grounds for opposing it?

Are you able to pay the amount claimed?
Customer: replied 2 years ago.

They have a judgement because we could not afford further legal costs to continue with the defence so I don't accept it but I cant afford to take it any further, no grounds other than I have lots of other debts and wife has beneficial interest in it as she pays mortgage and recently paid for some renovations although house and debts are just in my name I cant afford to pay any of it and will probably go bankrupt eventually, mortgage is £277k and value is around the same or much lower if forced sale

Expert:  Remus2004 replied 2 years ago.
Thanks.

You could get this removed on the basis that you did not get the paperwork if there was a reasonable prospect of paying the amount owed.

Whilst not receiving the paperwork is a good enough reason to have it removed, all that would happen is that the paperwork but be served again on you and the matter would begin again.

So, without a reasonable prospect of paying the amount off, it is likely that the judge would see the exercise as being a waste of court time and the claimant's costs.

I'm sorry that this is bad news, but from what you have told me of your situation, the outcome would appear to be inevitable

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thank you very much for your reply, if I would of know about the interim order then I would of applied for bankruptcy while it was an interim order so they could not put the charge on the property and I could potentially stay there if there was no equity in the property so I guess if i were to get the charge removed I would go bankrupt before the charge was finalised.

Expert:  Remus2004 replied 2 years ago.
That is a possibility because with the charge in place of course they will benefit from any future increase in equity.

I think it highly likely that would be removed, but it is worth a try
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69544
Experience: Over 5 years in practice.
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