Wow!

Nice to see you, anyways.

Cat

Hi Cat.
I have been dealing with my other interest, old war boats. They take a lot of time.
Regards
Problems

Thanks prblems I will do that today. I will get back intouch with the outcome.

Thanks for you prompt reply

Oooh, Stefan - nice to see you!!

Thanks for answering - it was beyond me!

Cat

Hi There,
The B136(CO) is the form that tells you an interim charging order has been made. Before that can happen there has to be service of a County Court Summons and judgment has to have been obtained. If you have never been served with the summons then you need to get in touch with the lender and get details of when and where the summons was issued. Do this by phone but make sure you confirm the details to the lender in writing. If you are disputing the debt as opposed to the judgment then there will have to be a court hearing at which you will have to explain why you do not owe the money. In either case, once you have the court details you must apply to the court to set the judgment aside on the grounds that you have never been served. You will have to show that there is a triable issue, that is a genuine dispute , between you and the lender.

The summons must be issued as soon as possiable. I suggest that you also ask the court to adjourn the hearing of the chargingorde absolute untill the trial relating to the disputed amount has taken place. The interim charging order will stay in place untill the dispute is resolved one way or the other.

I hope it follows from the above that you should object to the registration of the restriction setting out your grounds including that you have never been served with the proceedings and that you dispute the debt.

Hope that helps.
Problems.

I'm sorry but this in unfamiliar territory to me and I haven't seen Stefan around for a while....

You might be better off starting a new thread, a completely new post on the forum....

Sorry I can't help.

Cat

Help needed please

I have today received a B136(CO). Back in 2004 I had my car removed. I was informed that I would have to pay an amount in £000.00 the amount now has driven well over the £0,000.00 mark. I havnt received anything from the company until now There is no court date for me to attend but one has taken place on 7th march 07. If I object then I have to do it by 11 April 07.

Do I consent or Reject and what procedure will happen if I reject.

It will only affect the saleability of your house while the restriction exists and the restriction will only exist while the debt is the subject of the chargeing order.

Hope that clarifies.
Problems.

Thanks. So this might effect my future sellability of the house?

Again, thanks for the answer

Hi,
If you will have the money to pay of f the debt befor the hearing then you should write a letter to the lenders saying when and how you propose to make the payments. Send a copy of that letter to the court. Don't forget to put the case number on the court copy. That will a) get the ball rollingand b) make sure that if the lenders try to play "hardball" the court will be aware of things from the very begining.

If there is even the slighest doubt that you will be able to make the payment explain that in thew letter. The court are used to people making assurances that they cannot keep and are not impressed by them. Tell the lender everything about the timeing and if appropriate where the money is coming from. If you have some of it now send it or deliver it straight away. Don't wait till you have it all. Part payment shows honest intent.

You cannot realisticaly object to the notice of restriction as at the 6th March you will not have any grounds to. Don't agree but don't object either. In other words don't reply. I don't usually recomend that but in these circumstances I am of the view that the masterly nothing will serve you best. Additionally once you have paid the restriction will be taken off anyway. People will only find out about the restriction if they make a search and they will only do that if they are planning to lend you money secured on the house or they are planning to buy the house.

Hope that is the information you wanted but if not come back. Hope all goes well.

Problems

Hi, am in a similar situation, a bit better might be. I read through all the posts.

This is the case .... my wife managed to run into bad debts and got a notice from the creditors solicitors as well as a B136(CO) from the Land registry. The hearing is on 26th April 07 and I have to accept/object to the application from Land Registry by 6th March.

The better side of the story is that I have managed the funds to clean off outstanding amount, but only by 20th March. In these case my questions are

i. Do I object/ agree the Notice for restriction to Land Registry?
ii. What should be the correct next steps that it does not get into a CO.

Thanks

Glad all went well! Thanks for the cyber pint I will enjoy it!

Cat & Problems big thanks for your help & advice as per above.

Was in court earlier things went really well, got there early and had a chat with their legal team. The bottom line was they were willing to accept my monthly offer but because it is someway short of the original ammount set when I took out the loan they basically wanted re-assurance, hence the restriction placed on my home.

I told the guy that I did not have a problem with the order being placed, my only concern was "Force of sale" or my monthly payment figure being set too high. neither of this happened. Infact I am now paying them more per month then want they wanted.

I also said that once my situation changes my monthly repayments will increase.

Cyber pints for the pair of your, unless you are female then it's a big cyber kiss.

In general terms you have the right to appeal BUT only on a point of law and the courts decision on the monthly payments will not costitute "a point of law". Therefore for all practical purposes assume no chance of appeal.

It is unlikely that the court will come to the conclusion that you can afford more than you actually can. Make sure you include all your essencial payments in the list. Dont forget, for example, TV licence (payable by law) and cost of dental care, eye care and prescriptions averaged out monthly. Decide what you can afford to offer and stick to it. If you have worked it out properly thats all the court will order.

Lastly try and keep your sence of humor, if it all gets to much just try to imagine them all without clothes on!!!!!

Ah, now you may have got me on that one as I don't actually know. Usually, leave to appeal is given because some evidential or procedural matter was open to dispute, or an issue needs to be settled by a higher court.

Truthfully, though, I do not know what right of appeal may exist in a case such as yours.

Sorry; but maybe Problems can help?

Cat