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Max Lowry
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1399
Experience:  LLB, 10 years post qualification experience
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I have had a ccj turned into charging order on my home in the

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I have had a ccj turned into charging order on my home in the last 6 years. I was unaware and more precisely unable to answer or defend it and doubt it's 100% accurate. My power of attorney asked them to wait until now when l could deal with presumably repayment. How do l go about unwinding it and getting a new hearing if all facts are not right.
Submitted: 1 year ago.
Category: UK Law
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 12 months ago.

What further information can l supply ?

Expert:  Fran-mod replied 12 months ago.
Hello Roger,

We need no further information from you at this time. Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Customer: replied 12 months ago.

Thank you , I will await an answer and or advice.

Expert:  Fran-mod replied 12 months ago.
You're very welcome.
Expert:  Max Lowry replied 12 months ago.
Hi, welcome to Just Answer. I will help you with your question.

To get a charging order set aside, you would need to challenge the underlying judgment upon which it is based. To do that, you need to have reasonable prospects of setting aside the claim itself, and a a very good explanation as to why it's taken this long to challenge it.

If you did want to challenge it, then you would need to apply to the Court using Form N244, explaining in the Section C part, why you believe you could defend the claim, and why it's taken so long to challenge it. Unnecessary delay is one reason that could defeat this type of application to set-aside.

I hope this answers your question. If you need further information, either now or later, just let me know and I'll gladly help out.

Please do remember to rate my answer as highly as you can for me. Thank you.

Max
Customer: replied 12 months ago.

Only the one obvious question, which court or how do l find out. Having in mind that l have no paperwork at all and only a letter from a collection firm.Sorry, person originally dealing has or had paperwork but is no longer contactable.

Expert:  Max Lowry replied 12 months ago.
Okay - if you do a land registry search of your property, it will show the charging order (www.landregistry.gov.uk). It will show, in the description, which Court the charging order was made by and this is the Court you would need to apply to.

Hope this helps!

Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.

Max
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1399
Experience: LLB, 10 years post qualification experience
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