MBNA/Optima Legal - Charging Order - Set Aside CCJ

[magirose]

I’ve since found out that ignoring your financial issues does not make them go away as they stink really bad (like rotten Egg)

Anyway, I need some pointers on how to proceed with this situation please!

 

Background

I passed my MBNA credit card account to a company called Cartel Client Review in summer 2008 to review and they deemed it unenforceable because of the faulty agreement so they passed it on to CCLS who instigated a dispute on my behalf. As far as I can know, a SAR was done but I now don’t have access to whatever info or docs that was received (or not) from MBNA as CCLS were closed down in March 2010 and Cartel! I have been in contact with Gordon’s Solicitors (who were appointed as administrators for CCLS) and they are unable to find my file.

 

Issues

In April 2010, I received a claims form from MBNA, at that time, I didn’t understand what all this was but I filed an AOS and didn’t do anything else i.e file a defence as I thought that MBNA or indeed the courts would need to send me more stuff before I take the next step! Naïve!! Apparently, a CCJ was awarded against me for the account by default in May 2010 but I never received any notification of this! Nothing from MBNA/Optima or the courts informing me that this had happened.

 

The first I knew of this was in July when I received a letter from Optima informing me that they had applied for an interim charging order and that there was going to be a hearing on the 8th of Sept! I then received a B132 notice from the Land Registry informing me of an application to enter into an agreed notice. This obviously got my attention and I knew there and then this was not going to go away unless I tackle it.

 

I went to for the hearing on 8th Sept thinking I was prepared to defend the claim and the CO application. I had written out a well prepared defence bundle labelling all the evidence and so on but the Judge was not prepared to listen to me at all, he wasn’t interested in my statement or the evidence bundle I had given him. He kept on repeating that we weren’t here to discuss the claim (CCJ), just the CO and I kept on saying I didn’t understand!

 

The Judge wasn’t interested in the fact that I had not received any notification from Northampton regarding the default judgement in May. So he granted the final Charge Order and awarded £266.00 cost to MBNA. He did advise me though to apply for the previous judgement (CCJ) to be set aside as I hadn’t previously defended it and my case (which he had before him but cannot look at) had not been presented before a judge to assess.

 

After the hearing, the MBNA Sol approached me and said he wasn’t able to advise me as he was representing the other side but that I should read between the lines of what he was saying. Basically, he applied that I should appeal the original CCJ and ask for it to be set aside explaining the reason for the late application. He said if it was set aside then of course the CO would become irrelevant. He said it was worth a try since I had already done the groundwork with the evidence pack I had produced for the CO hearing.

 

 

From the little I’ve read on this, I’m supposed to use the N244 form with a £75 fee to apply for judgement to be set aside. But what reasons do I give?

Has anyone had experience of this? What else can I do? Thank you.

[magirose]

Has anyone been through this? Can you help pls?

[magirose]

Honestly, I really do need help with.

 

Pls, is there anyone who can help? Time is running out for me on this!

[MandM]

Hi magirose,

 

Take a look at the National Debtline site for some info on Set Aside.

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

 

I think you'll find what you're looking for.

 

Good luck.

 

M

[magirose]

Thanks MandM, I had seen that previously but was still unsure if that’s all I needed to do considering on the circumstances described above and the fact that I had left this a bit late.

I guess I’ll just have to use these guidelines if I don’t get any further help or advise on here.

[MandM]

Getting the SA is the first part. That sets things back to "zero".

 

By the sounds of it you've already done a lot of work on the next bit - proving your defence! That's usually the 'hard work' bit so you're not doing too bad.

 

M

[coledog]

Hi

 

Here is the link I mentioned - it is mentioned on CAG somewhere so I assume recommended, I thought I had saved it somewhere.

 

http://www.insolvencyhelpline.co.uk/ccj-removal/valid-reasons.php

 

Have to do a set aside myself at some point - bloody NatWest got a CCJ that I had no knowledge of until I looked at my credit file!

[magirose]

Thanks Coledog!

[magirose]

And MandM !!