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herbie171

Attachment of earnings

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Mortimer clark has applied for an Attachment of earnings

Is it possible to delay this move?, as I wish to apply for a set aside for this account.

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herbie

 

Is this another claim is it part of the problems on your other thread?


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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herbie

 

Is this another claim is it part of the problems on your other thread?

 

It's a different claim, I had one set aside with this lot again that was with HFC, in my stupidity I missed this as the first one had claim number and a ref number I got that mixed up with this one so did not act at the same time as the other one.

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Hi herbie

 

The detailed rules at on the Court serfvice site at CCR ORDER 27 - ATTACHMENT OF EARNINGS - Ministry of Justice

 

There should be a hearing of the application unless you accept he debt is owed. Otherwise you need to set down a set aside application and oppose the A of E application.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Mortimer clark has applied for an Attachment of earnings

Is it possible to delay this move?, as I wish to apply for a set aside for this account.

 

Hi herbie

 

Sorry if I seem to be hi-jacking your thread slightly but I seem to be in a similar position to you in that I've also just received notification from my local court that MC has applied for an AoE order.

 

Maybe we could make some comparisons because I'm just wondering now whether the details of the application are similar to mine, as I'm thinking that MC may be trying to hoodwink the court by possibly acting unlawfully.

 

In my case the application refers to a judgement obtained against me by HFC/Restons just over 2 years ago before I found CAG, (the claimant obviously being HFC).

 

Then almost 1 year ago Marlin/Phoenix claimed to have purchased/been assigned this debt.

 

Since then, during the last few months I have received several phone calls and a couple of letters from Mortimer Clarke (none of which I have responded to). The most recent letter warning me that MC were going to apply for an AoE order, received a couple of weeks or so ago, on Mortimer Clarke notepaper was headed;

Re; Phoenix Recoveries(UK) Ltd Sarl-Potomac Recoveries

-v-

Robcag

Claim No [judgement claim no]

We refer to the above matter and in particular the judgement obtained against you by our client on xx/xx/2007 .... etc etc

However, and this is where my suspicions are aroused :eek:, the Notice of Application for Attachment of Earnings Order names the Claimant as 'HFC Bank Ltd', absolutely no mention of Marlin/Phoenix, and the 'Address for Payment' is entered as Mortimer Clarke Solicitors, etc. BN11 1QP.

 

Short of banging in a set aside application (complicated at the moment I think :confused:) I am now wondering if I can make some sort of application of my own to oppose the application by MC, whilst at the same time proving the unlawfulness of their action for reasons such as not naming the true beneficiary of the AoE order, and even if they have legal right at all to the debt.

 

Again, sorry to hi-jack, but hopefully we have some similarities in our cases. ;)

 

Cheers

Rob

Edited by robcag
spelling

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Hi Rob

 

That is the same as mine HFC from Restons and now MC I have put an application to have the judgement set aside, this is the second one from MC last time I ask for the judgement to set aside they did not oppose it and had filed a discontinuance, this one slipped under my radar, but for sure this is the same as yours, as for what you said I think someone with a bit more know how would need to advise

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On what grounds could they ask for AoE, especially if the judgement payments were being kept up? I'm asking because I could potentially end up in the same situation with the same parties involved.

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if the payments are being kept up then no grounds as far as I know, but when it changed from reston to MC I stopped paying, and now I am asking for a set aside, but really I want a second bite of the cherry, because I dont think they have an enforceable agreement

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Hi Rob

 

That is the same as mine HFC from Restons and now MC I have put an application to have the judgement set aside, this is the second one from MC last time I ask for the judgement to set aside they did not oppose it and had filed a discontinuance, this one slipped under my radar, but for sure this is the same as yours, as for what you said I think someone with a bit more know how would need to advise

 

Hi herbie

 

I'd like to put in an application to have the original judgement set aside (I've been threatening that for a long time :rolleyes: and the judgement is now just over 2 years old :-|) but it seems a bit complicated because of the number of parties involved (HFC then Marlin/Phoenix). Also, I'm not sure how much detail to put on the application form - a brief outline, or the full works.

 

The main grounds I have are no enforceable agreement and invalid Default Notice, but I admitted the debt in the original claim, due to not knowing I could defend the claim prior to finding the CAG site. Since then, with the help of pt2537 and other caggers (couldn't have managed without :)) I successfully defended a second (separate) similar case from HFC/Restons; http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended.html

 

However, I've sort of chickened out a bit with this one so far :(.

 

Cheers

Rob

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Since then, with the help of pt2537 and other caggers (couldn't have managed without :)) I successfully defended a second (separate) similar case from HFC/Restons; http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended.html

 

However, I've sort of chickened out a bit with this one so far :(.

 

Cheers

Rob

 

well get a bloody grip and hammer their ar$es matey, we dont do chickens here:razz:

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Interesting points ...

 

On what grounds could they ask for AoE, especially if the judgement payments were being kept up? I'm asking because I could potentially end up in the same situation with the same parties involved.

 

In my case the order was a 'forthwith' order, which I believe means I was supposed to pay the full amount forthwith (I didn't get my 'day in court' which I was hoping for, not that it would have done me any good as I had no idea of the process involved).

 

if the payments are being kept up then no grounds as far as I know, but when it changed from reston to MC I stopped paying, and now I am asking for a set aside, but really I want a second bite of the cherry, because I dont think they have an enforceable agreement

 

However, prior to the court case I had made few monthly token payments direct to HFC and when the judgement had been made I contacted Restons by phone (worried and bewildered) and asked what I could do now. To my amazement the person I spoke to had a completely different attitude than she had prior to the CCJ being issued and agreed that I could continue paying the same small amount each month, but that I had to pay Restons direct (she advised me to pay by Standing Order and gave me Restons bank details to facilitate that).

 

Restons then went ahead and banged in an application for a Charging Order against my house which they obtained because yet again at the time I did not know I could oppose it.

 

I have continued to pay Restons without fail every month since then.

 

Cheers

Rob

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well get a bloody grip and hammer their ar$es matey, we dont do chickens here:razz:

 

I appreciate that Paul! :cool:

 

You're not wrong! (are you ever ;))?

 

Cheers

Rob

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Rob I had a charging order against our house for £11,500 Restons got it back in 2006, was paying evey month, then they sold to Mc or who ever and I stopped paying , a few letters later I applied to set aside, on the grounds that I did not attend court and knew nothing of this order, the rest is history they did not attend, and just had a cheque for £75 for the set aside fee and telling me they are informing the land registry to remove the charge

 

Go for it, it's only £75

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Rob I had a charging order against our house for £11,500 Restons got it back in 2006, was paying evey month, then they sold to Mc or who ever and I stopped paying , a few letters later I applied to set aside, on the grounds that I did not attend court and knew nothing of this order, the rest is history they did not attend, and just had a cheque for £75 for the set aside fee and telling me they are informing the land registry to remove the charge

 

Go for it, it's only £75

 

Thats awesome!

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Rob I had a charging order against our house for £11,500 Restons got it back in 2006, was paying evey month, then they sold to Mc or who ever and I stopped paying , a few letters later I applied to set aside, on the grounds that I did not attend court and knew nothing of this order, the rest is history they did not attend, and just had a cheque for £75 for the set aside fee and telling me they are informing the land registry to remove the charge

 

Go for it, it's only £75

 

Hi herbie

 

Thanks for the encouragement, and sorry for clogging up your thread.

 

My Charging Order was for just over £10,000 but I'm not clear whether it was ever made final or if it's still an Interim order. The difference is with my case, as I pointed out above, I did know about the case so I can't claim that it was all done without my knowledge. If only it were, he says wishfully ....

 

It's not the £75 that's stopped me going ahead!

 

Cheers

Rob

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I'm not clear whether it was ever made final or if it's still an Interim order.

 

What does the land registry say?

  • Haha 1

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What does the land registry say?

 

Hi sequenci

 

I've just dug out a document ('Official copy of register of title') from the land registry provided to me by my building society, dated 24/09/2008.

 

There is a section which says (under Title Absolute);

(xx.xx.2007) RESTRICTION: No disposition of ........ HFC Bank Limited at Restons Solicitors Limited of 800 Mandarin Court, ...... WA1 1GG being the person with the benefit of an
interim charging order
........

 

Well thanks for pointing me in the right direction and clearing that question up for me! :)

 

Sorry to be so dumb! :rolleyes:

 

Cheers

Rob

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Rob, do you have a hearing date for the charge to be made final?

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Rob, do you have a hearing date for the charge to be made final?

 

Hi sequenci

 

No. I'm not really sure what's going on.

 

This is one of several cases which I've seen on here in which HFC/Restons obtained a CCJ then allegedly sold/assigned the debt to Marlin/Phoenix.

 

Cheers

Rob

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Rob in light of what you were saying the claimant on my order was HFC not Merlin so you may have a point

Another thing you might try say you can not read :D I could try that, but would I put that in writing? :rolleyes:

 

http://i619.photobucket.com/albums/tt274/corinadeva/img042.jpg

 

Hi herbie

 

I'm not sure which point of mine you are referring to?

 

My original claimant (who obtained the CCJ/CO) was also HFC. :confused:

 

Cheers

Rob

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Hi herbie

 

I'm not sure which point of mine you are referring to?

 

My original claimant (who obtained the CCJ/CO) was also HFC. :confused:

 

Cheers

Rob

 

 

In my case the application refers to a judgement obtained against me by HFC/Restons just over 2 years ago before I found CAG, (the claimant obviously being HFC).

 

Then almost 1 year ago Marlin/Phoenix claimed to have purchased/been assigned this debt.

 

 

All I got was a notice of change of solicitor

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All I got was a notice of change of solicitor

 

I think I see what you mean.

 

I'm not sure if you're aware, but almost a year ago several people on here reported that their HFC account/debt (including some with CCJs already on them) had allegedly been transferred to Marlin/Phoenix, at least that was what Marlin/Phoenix were claiming.

 

Nothing was received from HFC (or Restons) by way of a Notice of Assignment (i.e. 'goodbye'), but Marlin/Phoenix had sent out a load of letters ('hello') which purported to be a NoA, but it was arguable whether or not at least some of which were invalid.

 

Mortimer Clarke (as you will be aware) are the tame in-house solictors of Marlin/Phoenix, even sharing the same trough, and they only put in an appearance when Marlin/Phoenix were getting nowhere with their phone calls and threats.

 

Cheers

Rob

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It means that Phoenix have officially taken over the claim against you.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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