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Interim Charging Order
Topic Started: Feb 21 2007, 06:39 PM (97 Views)
Chris
Unregistered

I bought my second car from them back in2005, Ford Mondeo 51 plate. Last year
phone to ask about claiming on my warranty for some thing in the engine that iwas
told was covered. I had no joy and constant phoning so after a month i gave them the
car because they could not deal with my query. This was after they had shut down.
Well now I'm being taken to court because they passed it to a company called Golds of
Manchester. They are trying to obtain a Interim Charging Order against my house. What
can i do. I'm in court tomorrow
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jenni
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www.saynotoyes.co.uk
Saynotoyes moderating team
an interim charging order is a hearing where the judge considers all the evidence as to whether you own or part own a properrty. If this order is granted you will receive confirmation of it and also a "caution" notice will be placed on the land registry so you cannot sell your house. You will be notified of this too. The judge will also set a date for the full hearing to be heard (where they will apply for a full order on your house).

I would suggest that as soon as you know the outcome of today you seek legal advice either from the CAB or Stephensons solicitors. Your other option is to phone the UK Insolvency Helpline on 0800 074 6918. They should be able to offer you advice as to ways you may be able to get the order set aside.

You can write and contest the order - this must be done at least 7 days before the full hearing. The letter must be sent by RECORDED DELIVERY both to the Creditor and the Court.

Hope this helps a bit and please let us know how you get on
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viplosh

Silver Member
Chris I am confused this is all 11th hour.

Were you not sent any paperwork by YCC or letters by Golds previous to this proving their claim?

If not they have a problem.

It does not seem that legal procedure has been followed here yet again.

Surely a firm like Golds know the procedure and are governed by Law Society rules.

If I was you I would call Golds and ask them what proof of claim they have and why you have no notification of anything until now.

You will need to ask the court to postpone the order as you have not had proper notice or have you?

Why have you left everything to the last minute???

Is there someting we do not know?

Apologies for any doubt in this posting but your claims do not add up?

Let us know what the full position is.
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tortle

Silver Member
Hi Chris

Intrum Charging Orders are quite easy for a creditor to obtain, i am assuming that they have either a forthwith or default judgment and you never applied for either a re determination or variation and therfore there is no payment instalment?

If that is the case then after the intrum order is made you will get a notice of the court and they will give you a hearing date for the charge to be made final, your posting dosent give any information about whetevr you have an argument to defend the case but i would go and see your local advice agencey, they should be able to help you get the charging order under control and if it is made get it suspenede on terms of payment ( which then means as long as you pay the creditor cant go for an order for sale)

If i am wrong on the type of judgment and you already have an instalment order then the judge should not make a Charging Order final as there has to be a default, again your local advice agenecy could help here.

Good luck nod
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