Hsbs-marlin-phoenix-mortimer Clark Charging Order

[MUCKUP]

Hi,having just successfully defended hsbc repossession order[with a lot of help from this forum] it seems hsbc has diverted their attentions to my three outstanding accounts via marlin etc[still confused it its marlin or phoenix].

I have just received letter from Mortimer Clark,acting on behalf of phoenix recoveries[uk] Sarl Marlin Recoveries,asking me to acknowledge receipt.I believe i have made a few mistakes in dealing with this matter ,more in panic than solid judgement,would appreciate any help in this matter,the history so far is [will try to keep it short at this point]:

hsbc to marlin 3 seperate accounts,credit card ,personal loan and bank overdraft.Agreed imformal payments,never missed payment,MARLIN demanded more, offered £25 per month on each of three,declined by marlin,northampton county court,£25 per month x 3 accepted by court,date 28th april 2008,first payments due 28th april,first mistake ,did not alter standing order date thus paid 8th june,but due to bank [and me ]did not give enough time to change amounts thus only £35 paid but £75 paid july and this month.

In meantime phoenix Recoveries issued me notice of transfer of proceedings from northampton to Guildford county court.

Mortimer sent me letter dated 13th june[did not wait very long,seem very keen] that payment due under ccj due by 29th may was not adhered to,thus were instructed to register charging order upon my property,they also state that any payments they recieve from me will be applied to the outstanding accounts,however this will not stop the further proceedings.Have just recieved six letters[two for each case[ one to me the other to my wife],from Mortimer clark copies of application and sealed intrim charging order and documents in support of which the request me to acknowledge,date of hearings 5th sept 2008 for one case,10th sept 2008 for remaining two.

I appreciate i have made some elementary errors in this case [excuse the pun] but would appreciate any advise of my next actions as i do not want to make this any worse than it already is,thanking you in advance for any advise thanks trevor

[Hopeful1]

Hi i am bumping this for you as i do not have any personal experience of this.

 

I found this link in another thread for starters:

 

Charging orders in the County Court

 

Hopefully others will offer some input too. If not and you're really stuck, click the red triangle and you can leave a message for the site team.

 

Best wishes

[Hopeful1]

Here's another good link:

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

[MUCKUP]

Hi Hopeful1,thanks for help,will look at these links cheers

[sequenci]

did not alter standing order date thus paid 8th june,but due to bank [and me ]did not give enough time to change amounts thus only £35 paid but £75 paid july and this month.

 

As the requires instalments on the CCJs have been breached it will allow the creditor the chance to apply for the Charging Orders. Please familiarise yourself with the NDL Charging Order factsheet as it outlines possible objections that you could try.

 

Any objections would need to be sent to both the creditor/court at least 7 days prior to the hearing.

 

One thing to consider is that the creditor might try for interest after judgment, do you know if this is something that was outlined on the original CCJs?

 

Have you equity?

 

Have you other creditors?

 

IS the property in joint names? Do you have children?

[MUCKUP]

Hi.the original ccj`s only interest mention was quote:[and interest to date of judgment] also on the application for order on land or property,received from MORTIMER CLARK SOLICITORS under judgment debtit states :quote [the amount now due is ----- [which includes interest payable at a daily rate of £2.24 from the judgment date to the date hereof].

equity in property about £100,000 [i am 62 yrs of age thus unable to consider remortage.

I have seven other unsecured creditors ie credit cards totaling justover 60k of which all of them are accepting an informal arrangement oof regular payment of around £10 per month.

property in joint names,as was hsbc credit card overdraft and personal loan[the three judgments].wife not employed oap.i have four sons only two live with me 25 + 35 [let me know if you want any lodgers!!!]

thanks

[sequenci]

Do you have a copy of the original credit agreements?

[MUCKUP]

Hi no i have no original copy of personal loan

[losingwilltolive]

Hi trevor,

i m in a similar boat---have been dealing with a reposession order since May---but after this the other creditors are now placing charging orders on property at speed...3 so far---

I am concerned that it is accruing interest on a daily rate!!!! this way the debts will be massive....

but having read the factsheet it states something about no interest for debts below £5000???? mine are but are accruing interest?? any ideas?

thanks

[MUCKUP]

Hi,its only hsbc at the moment [via marlin etc] who are trying to get charging order,my debts are over the 5000 mark,you would be better off stating a new thread as it could get complicated,it may be worth checking out if they can get a charge on unsecured loan etc ie credit cards. The interest bit is quite a worry though and i am hoping someone on this forum will be able to advise me,best of luck,trevor

[losingwilltolive]

ok--- you could try and appeal to the courts to at least 'freeze' the interest

[MUCKUP]

hi,can you advise me on acknowledging charging papers received from hsbc solicitors mortimer clark,shuold i sign and return forms as they request