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Posted: Tue Jul 17, 2007 6:58 am
by rob.f
Hi, I have a debt to an ex partner which the courts have allowed me to pay at £5 a month. I have met all payments and am actually in front with my repayments. My ex's solicitor has put a charging order on my property and took me back to court last week trying to force the sale of my property claiming that I hadn't made any payments at all, this was done by him not cashing the postal orders that I send him every month and holding them in his office. I took photocopies of the postal order payments I have made and showed the judge who stated that my ex's solicitor had misled the court when he put the charging order onto my property, the judge threw the force of sale out saying that as I had actually made all the payments and had proof that I had, I wouldn't have to sell. Can I get this charging order lifted as it should not have been put onto my property in the first place and was done so illegally. Many thanks for your advice and help

Posted: Tue Jul 17, 2007 7:08 am
by hara
I would take the person who kept these postal orders uncahed to court for lying and sue the person.

If it is the solicitor whodid it ,he or she will be in deep trouble with court and their professional organisation.

I would complain to the professional organisation about this person.

It is seriuos offence to say that you have not paid when you have evidence of it.

Take it further.

hara.

Posted: Tue Jul 17, 2007 7:10 am
by hara
Contact your local council run law centre or cab.And see what they say.

hara

Posted: Tue Jul 17, 2007 12:22 pm
by Adam Davies
Hi rob
Well done to you for keeping photo copies !!


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