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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I wonder if you can give some advice on charging order.

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Hi, I wonder if you can give some advice on charging order. thanks
Assistant: Where are you located? It matters because laws vary by location.
Customer: UK
Assistant: Has anything been filed or reported?
Customer: This morning a charging order was made final on my house
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I would like to made an application to set aside this order
Customer: replied 5 months ago.
Hi,
The amount of the charging order is wrong. I provided the court with my objections and evidence but the court did not look at them at all. The judge said that this purpose of this morning hearing was to make the interim charging order final or discharge it. The judge made the order final as he said I did not submit an application to set aside the interim charging order.
I submitted my objections and evidence as stated in the letter from the Court within 28 days. I thought that was enough.
The judge suggested that I am still in time to submit an application for set aside the final charging order. If I do it I do not want to risk to be told the same thing at the next hearing. I was ready this morning to represent my case with all the indisputable evidence but I was not given this opportunity as the judge only made a decision on the previous judgement about the interim charging order. I wonder if you can advice on that.thank you very much Manrico
Customer: replied 5 months ago.
The Claimant is forcing me to pay a incorrect amount and applied for a charging order. I have evidence of this miscalculation.
Customer: replied 5 months ago.
The order was made final today 19/02/2108

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

Was the amount on the judgment correct?

Customer: replied 5 months ago.
163;52,000

But is the judgment correct?

Customer: replied 5 months ago.
I do not understand .
The interim charging order was made on 11/10/17
I sent my ojbections withing 2 weeks
This morning 19/02/18 at the hearing the judge made it final withing listeing to my arguments as he said he would only decide on the previous interim order.I liable to pay but not 52k. This is a wrong amount.
Customer: replied 5 months ago.
The judge said I should have submitted an application to set aside the interim charging order. He suggested that I could quickly submit an application to set aside the final charging order. I am confused. If I make this application then I could challenge the judge decision to make the the order final and not the first decision. It looks like a loop circle to me.
Customer: replied 5 months ago.
By the way. Thank you for assisting me. :-)
Customer: replied 5 months ago.
I could send you some papers but I do know if I manage to do that before tomorrow.

Ok - but what was the order amount on the CCJ?

Customer: replied 5 months ago.
Hi,
please find attached copy of the Order for Recovery of Award and Interim charging order. It is stated to be £50.651.46 but this morning the Judge made the order final for 52k as the other party added some enforcement costs and fees.
The Judge said I should have challenge the interim charging order with an application to be set aside. I followed the instruction of the letter and filed my objections within 2 weeks. What is the purpose to make an objection if the judge would disregard them?.
The Judge also said that I am still in time (very quickly) to submit and application to set aside the final charging order but I do not want to go back to the next hearing and to be told the same from the next judge that is I should have done everything in the first instance. As I said I liable to pay but I do not accept the total amount as there was a massive mistake in the calculation and I have the evidence of that. How can I have a chance to present my argument to a judge? Is there any ground to challenge the final charging order?
Thank you very much

So it is £50,651 - do you dispute that amount?

Customer: replied 5 months ago.
that is what I have tried to do since from day one. By letters and email to the Claimant and in Court this morning. I can pay but I want to pay the right amount which much less. The Claimant refused to accept the miscalculation.

Ok - they are enforcing an order. Who made the order? it appears it is a legal aid order?

Customer: replied 5 months ago.
correct. The Claimant is legal aid agency. They approved an inaccurate claim for Advocate and Litigator fees submitted by my solicitor.

Ok - did you ever appeal that decision to the agency?

Customer: replied 5 months ago.
2 dispute letters and they never admitted the mistake. They said the calculation is correct.
Customer: replied 5 months ago.
On 19/09/18 they sent me a Capital Contribution Order letter and gave me 28 days to challenge the amount OR pay in full. The day after, before the end of the 28 day period, they submitted an application for the Order of Recovery of Award.
Customer: replied 5 months ago.
One week later they submitted the application for the interim charging order. I sent my first dispute letter on 12/10/18 when I became aware of the mistake.

Ok - The Court can not get involved in this. There is a decision made and it can be enforced.

You should have appeal to the Legal Aid Agency or sought a Judicial Review.

There is an award by a body and the Court can not go behind this. I understand what the Judge is saying now.

As such you need to go through the Appeals process with the Legal Aid Board or get a Judicial Review.

This is where a High Court Judge considers the complaint and decides whether it is legal and reasonable.

A Judge can agree with the decision or remit it back for re-consideration.

You should have made a formal application to stay the interim order pending outcome of the appeal. But it appears you did not do that and that is what should have been done

For more information on the Judicial Review process please see:

http://www.publiclawproject.org.uk/data/resources/6/PLP_Short_Guide_3_1305.pdf

I am sorry if this is not necessarily the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
I did not wanted to add to many things at the same time but i did lodged my judicial review to the Birmingham Court , I served the certificate of service and last week the court ordered that I must add my solicitor as interest party, which I did. I not yet sure if my judicial review as been admitted.
Customer: replied 5 months ago.
This morning the just suggested that I should submit an application to set aside the final charging order. He also said that my judicial review could be not admitted as the Birmingham Administrative Court does not cover the charging order issue.
With my judicial review I challenged the decision made by Legal Aid to approve an inaccurate claim. The charging order is a consequence of that.
Is the Judge 's suggestion correct?
How do I know if my judicial review would progress?
thank you

Ok - you need to make an application to set aside the charge and stay enforcement.

The Judge was correct.

You will be notified by the Court about your JR.

They will list it for permission and then the review itself.

Does that clarify?

Customer: replied 5 months ago.
If I understood correctly tomorrow I can submit form N244 to set aside the final CO and stay enforcement. Then I will go to an hearing again where at that point I will be able to present my arguments and bundle of evidence which I was not able to do this morning.Also, what exactly means: "they will list it for permission and then the review itself". Do they send me a letter to confim that the JR has been admitted for an hearing?thank you

Correct.

The Court will write, yes

Does that clarify?

Customer: replied 5 months ago.
That helped me to understand part of this matter but I still do not understand why the judge this morning could look into my arguments and evidence whereas if I submit an application to set aside the CO then the next judge will look in deep. The argument is still charging order.
Thank you

The Judge can't without an application. There is a decision as to the amount. The Judge can't go behind that.

You need to make a formal application to set aside the final order.

That is the way to do it. Set aside and lodge an appeal on the original Legal Aid decision.

Does that clarify?

Customer: replied 5 months ago.
sorry could you please clarify:"Set aside and lodge an appeal on the original Legal Aid decision"As far as I understood I will submit form N244 to try to set aside the final CO. Do I have to make also an appeal to the court?thank you

No. You said you had already submitted an appeal to Legal Aid Board

Does that assist?

Customer: replied 5 months ago.
Legal aid board: do you mean Legal Aid Agency UK.
So far I have:
submitted 2 dispute letter to Legal Aid Agency. They ignored them.
Submitted my objections to the interim CO. Unsuccessful.
lodged a judicial review. Admission pending.Next:
I will submit an application to set aside the final CO.Is Legal aid board another body whom I am not aware of?
thank you

No. You have done everything.

You just need to apply to set aside Court decision

Does that clarify?

Customer: replied 5 months ago.
Ok. That is clear now.
If in the future I progress with the JR , is it still possible me for me to contact you for legal support? since you know my case already.
Thank you

Yes, just ask for ALEX!

All the best. If this answers your question could I invite you to rate my answer, 5 stars the happy face on the page before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

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