I do not know what to do with this,

I received an Interim Charging Order today, with a hearing on 2nd December.

I have not defaulted on the arranged payments which are £30 per month starting 21st October, this was arranged by a Variation Order.

However Capquest have put on the form that this CCJ was not payable by instalments, which must be how they got the Order.

I have phoned them and they say as the £30 a month is just a token gesture they are still going for the charging order, as they say I have defaulted on the total amount.

The total debt with charges after the CCJ was £1404 but now they say it has gone up to £1600.

I never had a credit card with MBNA in the first place they bought Benefical Bank with whom I had the card and just kept adding on charges.

The hearing is at Bradford court which is miles away, so I will not be able to attend.

I always thought they could only get a Charging Order if you defaulted on the ordered payments.

Can I do anything about this.

Hi whitsend

You should claim back all the Penalty Charges on the Credit Card. You can work out the Contractual Interest with the spreadsheet on this site. If you haven't got statements, send them a SAR Request with £10, they have 40 days to provide you with all the data on the account. They will provide data for 6 years plus.

Claiming back Penalty Charges plus Interest could wipe away quite a bit of that debt, depending on the number of charges. Make sure you use the Advanced

Spreadsheet.

Then we can inform the court that the the debt consists of Charges plus interest that your owed.

Will they have statements data etc, if the account was not with them.

I do not think they even have a credit agreement.

They just took over a load of Beneficial Accounts apparently.

I will claim back the charges but what about the charging order can they do this when I haven't defaulted on any payments.

Hello there and welcome to the forums.

I've written a guide to Charging Orders, which you can find here: http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale&highlight=charging

You need to defend the charging order application by sending objections to the court. You are up-to-date with the order which means you have not defaulted upon it. This means the CO should not be made final. There is a great section highlighting this in my guide, you MUST raise the Mercantile Credit v Ellis case in your objection.

If you need any further help let us know!

best wishes,

Seq.

How do I go about getting the hearing moved to a local court, and how do I defend this order, is there a form, or do I send in a letter.

The original CCJ was for £1404, but they have since added on charges and it is now over £1600.

I am going to try and pay off £1000 of this debt this month, would this make any difference to the charging order.

The instalment agreement I have with Capquest was made by variation order before the Interim Charging order was made, and shouldn't they havve told me they were going to go for an Interim Charging Agreement before getting it granted.

Hi there,

you need to write to the court outlining your objections at least seven days prior to the hearing.

paying of £1000 would make a massive difference.

What was the outcome of the variation application?

The variation order was that I paid £30 per month.

I only put in the variation order because I did not get the original court documents until it was too late, due to a despute at our local sorting office, so when I phoned the courts they told me the only thing I could do was put in a variation order which I did straight away.

Capquest said on the phone that as far as they were concerned it was only a token gesture and would be going for a charging order.

The variation is your safety net here.

As you have kept up with the order of instalments you have not defaulted on the order of the court.

You need to quote the following in your objection letter:

Section 86(1) The County Courts Act 1984:

Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order.

You also need to mention the case of Mercantile Credit V Ellis in The Court of Appeal 1987. It was found that the wording of the Charging Orders Act states quite clearly that no further action could be taken without a default in payment.

So long as your variation was agreed PRIOR to their application for the interim charge the judge should NOT grant the final charging order and should dismiss the application.

I hope this makes sense, if it doesn't the National Debtline fact-sheet is very good:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

Would I still have to pay the charges for the charging order as they have added an extra £200 for the charging order to my outstanding debt.

No, you should challenge it.

They are making an application that they shouldn't make. You're up-to-date with a court order so they are, in effect, wasting the court's time.

I have just noticed that on the copy of the Application for the Charging Order sent to me, Capquest has stated that the judgement did not provide for payment by instalments.

Do I need to point this out, as they should have really ticked the other box with asked how many payments have been fallen behind on.

The application is dated 8th September and the interim charging order was granted 5th October,whereas the Variation Order was granted 22nd September.

The original Judgement was 18th August.

When Capquest made the application the Variation order had not yet been granted.

They are correct

If they have applied for the charging order BEFORE your variation application then you have to ignore much of what I've said. They are well within their rights to try for a final charging order, the creditor is likely to raise the case of Ropaigealach v Allied Irish Bank.

You still argue that the charging order shouldn't be made final, it's down to the judge on the day.

*IF* they do get their charge you should ask for conditions to be attached - such as no further enforcement providing you keep up with the instalments.

I did apply for the Variation Order before they applied for the order, but it was granted after their apllication went in. My application was made in August.

You need to convince the judge that your application was made BEFORE theirs. if you can then they should not allow the final order.

I am going to try to pay nearly all of it off before the hearing date, but I don't want a charging order as I have been told it costs quite a bit of money to get them taken off the land registry records.

I can definately raise £1000, and I may be able at a push raise another £500, but that is the very limit and leaves me nothing at all to live on in December, which will on leave just over £100, but then if they get the charging order Capquest have told me they will add another £200.

my hearing should have been on Thursday 2nd December, I sent in my Letter of Objection with all my proofs of payment and copies of the Variation Order etc 2 weeks previous.

I got a letter this morning which is the 4th of December saying my hearing had been transfered to my local court.

This letter was dated 26th November, a date of hearing not set yet.

Do I have to do another Letter of Objection, why has the hearing been transferred at this late stage.

i think if i had £1000 i would be inclined to make a WP F & F offer on the debt direct to the OC

This happened to me,

I had a CCJ,

paying Capquest £30 per month,

did not miss a payment and they got a charging order against me.

I owed £1260.

I wrote to the court and provided evidence of the payments made,

it made no difference they got the charging order.

I have heard nothing since and I am still paying £30 per month,

but it added £260 to my total for the court costs.

Received a letter from Drysdenfairfax Solicitors about a Charging Order obtained by Capquest in 2011 saying there is no payment schedule in place.

It is for £1038. I completely forgot about this so only a couple of payment were made in 2011 and then nothing for 7 years.

They have sent me an expenditure form to fill in within 7 days.

This was originally for a RSPCA credit card, that was sold on to MBNA and then they sent it to Capquest.

Should I be worried about repossession.

I have spent the last couple of years getting my finances sorted, and all mortgage arrears and other debts are paid off.

I don't want to start again with fighting repossession orders.

is the debt solely in your name but the property the charge is against jointly owned?

its a CO, you don't have to pay anything off it unless you were ordered to do so by the judge.

they get their money when/if you sell and only of its not a restriction k.

ive merged an old thread that has a bit more back ground for you.

dx

No it is solely owned by myself. There is also a lot equity in it as the mortgage is nearly paid off.

Unfortunately I am a carer for my mum so only get carers allowance and I have a part time job of 10 hours per week for a bit extra money.

So I can't just pay this.

I don't undetstand why it has taken them 7 years to chase this up.

its just drydens or more correctly the automated PC that spews out these letters.

its just like the 1000's that have gotten letters from them regarding old SLC loans that have been dormat for years.

it to gander a response.

pers id ignore it.

unless the judge at the hearing stated you should pay £XYZ PCM,, can you remember back that far?

ive slightly retitled and moved the thread to legals so others can check my advice

No I had a ccj first and they didn't give me any time to pay they took it straight for a charging order, but nothing was stipulated payment wise on the charging order.

I was a bit slow then, as they didn;t have a CCA and most of the debt was fees.

Now I wouldn't have let it get that far.

Is it correct that a charging order disappears of the land registry after 12 years, but is still enforceable.