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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received an interim charging order and an application

Customer Question

I have received an interim charging order and an application for charging order on land or property. I have a debt with Nat West as a loan was in joint names and my husband went bankrupt in 2010. I have consistently paid the agreed reduced sum of £20.15 per month and owe no arrears, I am apart time worker and housewife, do I have to attend the court hearing or can I write to the court saying my circumstances have not changed?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : What date was the ccj please? Was it not included in bankruptcy?
JACUSTOMER-6tmhfg7j- :

Date 21st 0ctober for the CCJ, yes the loan was included in my husbands bankruptcy, but it was in joint names so I have been liable for half which is £7682, if I attend court can my husband speak for me as I would be terrified, and would miss my work as Mondays are the only days I can do my p time job. Thanks

Alex Watts : Did you not defend the debt at all please ?
JACUSTOMER-6tmhfg7j- :

No, I have paid the agreed payments monthly and not missed

Alex Watts : But they have applied for a charge in any event? Did the judgment allow for Installments pleaseZ.
JACUSTOMER-6tmhfg7j- :

Yes I have kept them up, shall I do?

JACUSTOMER-6tmhfg7j- :

This has been consistently paid since 2010 no missed payments, can I write to the court or can my husband attend for me as his name is listed as co owner of our property as listed in the charge

Alex Watts : Was the judgement order allowing for installments.
JACUSTOMER-6tmhfg7j- :

yes the original was I believe allowing me to pay that way and my instalments have been paid every month even though the debt has been handled by 3 different companies, or should I say passed on. It was previously Inspiron? now its drydenfairfax, I believe i was sold PPI but no company can fight it for me as My husband was bankrupt in 2010 and it was joint.

JACUSTOMER-6tmhfg7j- :

I just need to know if I have to attend or can he go and speak for me?

Alex Watts : To answer the question he can speak for you but only if you attend. This is because he is not a lawyer and as such a lay person can only speak for someone in Chambers if they have permission from the court and the person they are speaking for attends.
Alex Watts : If the person they are speaking for does not attend then he can not speak for you.
Alex Watts : Can I clarify anything about this for you today please? Alex
JACUSTOMER-6tmhfg7j- :

Yes please because the initial question has not been answered at all

JACUSTOMER-6tmhfg7j- :

do I have to attend the court or can I write saying nothing has changed?

Alex Watts : If you do not attend the Court will grant the order. You must attend in person otherwise the court will assume the charge is not opposed.
Alex Watts : Does this answer your query please?
JACUSTOMER-6tmhfg7j- :

Yes eventually

Alex Watts : I see you have rated poor service, this means that I do not get paid and the site keeps your deposit. How else can I assist you t achieve a better rating?
Alex Watts :

I am still waiting to help you further because it is important for my standing on the site to improve my rating.

JACUSTOMER-6tmhfg7j- :


JACUSTOMER-6tmhfg7j- :

Well the initial question has not been answered clearly, can I attend this hearing and with a letter granting permission speak on our behalf? As I am summoned too? This us too distressing for my wife

JACUSTOMER-6tmhfg7j- :

I will give you a good rating if I can just get the answer I need as these things are not cheap, you have my initial question about the charging order on our property, I would prefer my husband to attend the hearing as his name is on the charge too is that ok, and why are they doing this when I have always paid on time. Thank you