MBNA, then DLC, then CCJ, now Charging Order

[Lapchien66]

I've recently set about helping a relative in real distress. In November DLC obtained a judgement by default, using the most pathetic POC you will ever see, 'the claimant claims the sum of £xxx due under a regulated credit agreement'. That's it!

 

My relative has never asked for a CCA from them. The mbna account was opened in 2003.

 

The judge ordered that the debt be paid off at the rate of £10 per month (the debt is for about £10k). My relative owns their own home, now DLC have applied for a redetermination, they are going for a charging order.

 

Is there anything that can be done here? Setting aside the original CCJ is possibly an option, but for what reason? They can't really put 'we did not think that the debt could be defended due to lack of CCA etc...' - or can they?

 

Any advice would be gratefully received.

 

Thanks

Lapchien

[Lapchien66]

giving this one a gentle bump peeps...

[palomino]

What you want to do I guess is unwind everything -

- have the charging order revoked

- have the CCJ set aside

 

I would suggest you apply for a set aside on the grounds that you believe there is no agreement, or if there is one, that is non-compliant.

As a first step I would make a request for a copy of that agreement using the Civil Procedure Rules (CPR) to do so.

 

Bear in mind that if the original CCJ was made some time ago you will have to explain to the judge why you didn't apply as soon as possible.

[Lapchien66]

Thanks, which procedure should I use, and is there a suitable template I can use? The POC was almost 'blank' (along the lines of 'they owe us £x') - from which I've read I need to use part 18?

 

Given that the judgement now exists until I can set it aside, does the agent DLC have to provide the information?