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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 6891
Experience:  Barrister at law
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Can you help with a interim court order, Bedford, Nothing as

This answer was rated:

Can you help with a interim court order
JA: Where are you? It matters because laws vary by location.
Customer: Bedford
JA: What steps have you taken so far?
Customer: Nothing as only just received the letter a few days ago
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello

How can I help you regarding the court order today?

Customer: replied 7 months ago.
Is there a way to stop a interim court order turning into a final order?
Customer: replied 7 months ago.
No just message is fine

Is this a family law matter?

Customer: replied 7 months ago.
Regarding unpaid child maintenance

Hello

Unfortunately this not my expertise therefore I will opt out.

Thanks

Customer: replied 7 months ago.
Any luck

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I will come back to you shortly with a response.

Customer: replied 7 months ago.
Ok thanks
Customer: replied 7 months ago.
No phone call please

No problem and thanks for your patience. The interim order would normally be made into a final order unless you can demonstrate that it is made in error, or if some of the liability under the interim order has already been cleared, for example.

What is the interim position and what do you hope to achieve?

Customer: replied 7 months ago.
Ok thanks none of the payment has been made, it's for £3,700
Basically I wondered if we can send any objections before the hearing? I'd rather arrange to set up a monthly payment instead of it turning into a final order, it's a joint home which we live there with our young child, I've obviously been affected because I'm on the morgage too. How likely will the court agree to a final? Is there anyway we can fight this? If we make a part payment before the hearing would this help? Thanks
Customer: replied 7 months ago.
Also how does this affect us if this does turn into a final? It's a shared ownership home we own 75% of this and was hoping to buy the other 25% this year. Would this still be possible?
Customer: replied 7 months ago.
There is also no equity in the house as we have only been there 3 years, would the court consider this? As it wouldn't be worth 'final order'
Just like to know what the court would consider to set this aside? What ate the chances of this happening? Thanks

Thanks for your patience. I've been inundated today with enquiries and as such will have to reply in full in the morning - I hope this is acceptable. Kind regards, Peter

Customer: replied 7 months ago.
That'll be fine. Thank you

Good morning and thank you for your patience.

My view is that the sum is not huge, that if a reasonable payment plan is offered it should be possible to avoid the interim order being made into a final order. If you are considering being in a position to take out additional borrowing to purchase the rest of the shared ownership property, it may be sensible to consider a short term personal loan to repay this amount and clear the liability before embarking on your property project - just my view of course, but obviously a lump sum payment in full will be a sure way to satisfy the demand.

You want to avoid the charging order being made final - as I said for the sum it's not insurmountable to raise the funds to clear it - as if it is registered against the property this will affect both your credit scoring and borrowing capacity in my view.

Can I clarify anything for you at this stage?

Customer: replied 7 months ago.
Thanks for your reply, to be honest paying the full amount will not be visiable loan or not. Was thinking if we made a part payment before the hearing, however we have to send objections and I'm not really sure what we can say to object? Any idea? Have you dealt with a case like this before?
The interim asked us to both sign the documents but again I'm not really sure what we're signing (would this mean if we sign we would be agreeing to the charging order? How do I send objection and what do I say? My partner has other debt which we are paying off...some feeds that I read suggested using other debt as an example not to apply the charging order because other creditors haven't chosen to chose this route by applying a charging order, So this would be unfair to them? Would we also have to attend the hearing if we object? Thank you

OK - in terms of how to object and the grounds that you can object under, the link here from the CAB sets it out as well as any other resource that I can direct you to, see here:

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/charging-orders/#h-stopping-a-final-charging-order-being-made

The strongest arguments being the lack of equity (therefore no benefit in the order), the impact on you and the other creditors point. My view is also it's a relatively low amount and a charging order is not proportional given than an instalment plan could be set up to pay this off in a relatively short period of time.

You make the representations in writing, but you should attend in person.

I hope that clarifies the points for you?

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

Customer: replied 7 months ago.
Ok thanks and also do I state my objections when I object or do I simply state 'I object' and give the reasons why in court? Do you think we need a solicitor for this or stand alone when taken to court? Who do I object to when writing, the court and creditor and Land registry? Or simply write to object to the court only? Thank you

My pleasure.,

Of course - write each objection and reasons for each one into a short statement, send to the court and also copy this to the creditor.

You can represent yourself in court - but if you are worried a solicitor may be a good idea - it's up to you though - as the law isn't complex.

Best wishes, and don't forget to rate for me!

Peter

Customer: replied 7 months ago.
Would this 100% go to court if we object in writing or is it possible the creditor would consider our offer and pay in installments? I'm guessing not but just a thought. You said the law isn't complex, so think we would be ok to stand alone?

The creditor may well agree to instalments - yes.

So not a guarantee that it would go to court if settled prior to this.

And yes I think you could represent yourself on this one.

Best wishes,

Peter

This is just a quick message to ask if you have time to provide a rating for me, as this is what will credit me for my time responding to your question.

Obviously a positive (4* or 5*) rating would reflect best on my efforts to resolve your question for you!

Thanks in advance.

Peter

plclegal, Barrister
Category: Law
Satisfied Customers: 6891
Experience: Barrister at law
plclegal and 2 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Thanks for all your help answering my queries