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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I want to explore the possibility of removing an interim

Customer Question

I want to explore the possibility of removing an interim charging order on my property made on 11th August 2010. The order came about when I was suing Scott Stubbs (sole trader and owner of a car repair facility called The Henbury Bodyshop) Stubbs’ had taken my accident damaged Jaguar XKR sports car in for a major repair - a complete body shell replacement. However he failed to even begin the work and after four months I decided to take the car elsewhere. Stubbs then fabricated bogus ‘storage charges’ totalling many thousands of pounds and refused to release my car.
I successfully sued Stubbs using HM courts online claims service. However Stubbs’ said he’d not received the papers and my judgement was set aside. The case was then moved to his local County Court in Poole, Dorset. During the transfer of the claim to Poole CC, HM Courts lost all the documentation relating to the case, so everything had to start again from scratch. A number of preliminary hearings took place at which point Stubbs’ introduced his counterclaim based on the fabricated storage charges.
During this period I suffered a mental breakdown and was diagnosed with severe major clinical depression which I have suffered from to a greater or lesser degree since that time. I have been on various medication for several years and received psychiatric counselling to help me recover. Due to my ill health I missed a hearing, my claim was dismissed and I believe the defendant’s counterclaim was listed for a hearing. The defendant was then unable to make the counterclaim hearing and the date was changed. Then due to my on-going mental health problems I missed the hearing where Stubbs’s ‘won’ his counterclaim by default due to my non-attendance. Sometime later he got the charging order.
To add insult to injury Stubbs’ effectively stole my Jaguar and Body Shell (which had cost me a total of twenty five thousand pounds) and he, now has a twelve thousand pound charging order on my home. This really is a travesty of justice which I have not been able to deal with until now due to my ill health.
I realise that my claim against Stubbs for the loss of my top of the range Jaguar has effectively no hope of revival, but I want to know if I can get this charging order removed as it is manifestly unjust. Is there anything I can do.
Phil Tunnicliffe
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

I assume the charging order was as result of a Court order?