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Final Charging Order on Property

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  • Final Charging Order on Property

    Hi All,

    hopefully someone will be able to assist with the below.

    I have received a final charging order against my property through the post. I was aware that this was being made through an interim charging order. I sent off my objection to the interim order made final both to the court and the claimant, asking for a hearing and asking for conditions to be attached should the order be made final. I received an acknowledgment form the claimant stating that they were not going to pursue an order for sale but were continuing with the final charging order.
    I received no further correspondence from with the claimant or the courts. I have now received a copy of the final charging order saying that this had been granted some 3 weeks ago. I was not informed of the hearing, I was not given the chance to make representation, nor do I believe that any of my circumstances or request for conditions to be attached were looked at. The case was also not transferred to my local court so I could attend.
    Is there anything that I can con do about this to either have it set aside or have conditions attached to prevent an order for sale. I do feel aggrieved that I was not given the opportunity to make representation.

    Thanks Joanne.
    Tags: None

  • #2
    Re: Final Charging Order on Property

    Hi Stevebelieve,
    This link may assist:- https://www.citizensadvice.org.uk/de...der-being-made
    Did you indicate your reasons for not having the interim order made final, both to the other side and the Court? Were you made aware of the hearing or any other information sent to you regarding the application?
    You will note that timescales for applying to have the final order set aside are pretty tight.
    It may be worth obtaining a free half hour or reduced fee appointment to see what if any option you have, once you have read the link.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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