MBNA CCJ/CO (Rest K) - sold to Marlin

[bilious]

Thought as much, no probs will give it a go then. Hopefully they won't send someone from the bank seeing as they tried to get it moved to a court near them, just hope the judge doesn't rule in favour of them as they do tend to do these days...

Edited December 1, 2010 by bilious

[bilious]

Well seems my local court has, sided with me!!! and have just sent me a letter stating i have to pay the judgment. Does this mean the original judgment? And if so what can mbna do now will they appeal again and again? Any advice please?

[bilious]

Well my brother didn't read the letter properly to me! just had an interim order against my house through the post in my wifes name.. Seems that cos neither of us turned up for the hearing in december i had no idea about it (any advice!) they've overturned the installments i was paying and ordered a forthwith! it only came through the post this week but was done 21 december please please help what can i do now? the hearing is in feb i need to really find out what i do next as i'm really really panicking now...

 

And my next question is what can i do about not being informed by the court about the meeting and not getting the letter through till today 3 weeks after the hearing!!!! can i get this set aside??? Please help chaps am so afraid of losing my home due to this cos mbna will go for a sale of the house next when they get this charging order..

Edited January 15, 2011 by bilious

[bilious]

Bit of background

 

have a couple of ccj's against me didn't contest as i thought i'd rather pay it off slowly and get it out of the way!

1 creditor was happy with the ccj and have set up a S.O every month

the other mbna not happy and asked for re-determination at a court near them (150 miles from me.)

 

in the meantime have been paying them the amount specified on the original judgment,

did manage to object to the hearing so far away and got it switched to local court,

heard nothing about a hearing whatsoever.

 

until Friday i had court papers through the door dated 21st December telling me as no-one attended the judge ordered a forthwith to them

(had i been informed i would have attended.)

 

Saturdays post came with a interim charging order on my home but addressed to my wife,

she is now beside herself with worry and her mental health has not been good for a couple of years..

 

As they've sent this what are my next steps as i feel i've been totally screwed both by the court as they already accepted a payment plan

which i could afford and have now handed my home to mbna who will go down the selling of my home route.

 

What can i do cos we are both at our wits end..

 

Please please help...

[sillygirl1]

Contact the court, explain what has happened and ask for a re-determination hearing, based on the fact that you have other CCJs, this is detrimental to other creditors and is a complete abuse of the process.

 

Get your local MP involved pronto as the government are very much against companies who go for charging orders for debts under £25,000.

 

Complain to Trading Standards and the Office of Fair Trading about MBNA, they are under warning for not treating customers fairly so remind the OFT of this and ask for the case to be looked at urgently.

 

You might need to put in for a stay of execution but I am not sure how you do this... have you got any children as that can be used to point out to MBNA that they shouldn't have their education interrupted at a crucial time.

[The Mould]

Good afternoon bilious

 

You need to make an Application - Application notice-N244 to the court requesting that the interim charging order be discharged under CPR 73.9 (Discharge or Variation of order).

 

State your reason(s) for making the app - i.e; you have not defaulted on the Judgment awarded against you.

 

In para/box No 10 on page two of the Application notice (N244) State your further reasons why the said order should be discharged - i.e; Late post due to time of year, therefore you did not receive any notice of the hearing and as a consequence you were deprived of any opportunity to file and serve any statement(s) in opposition of the claimant's app in respect of re-determination hearing or his reasons for seeking enforcement of the said Judgment that was not in default and being fully complied with by you.

 

Attach any documents/exhibits that you intend to rely upon in making your application to have the interim charging order discharged - enclose three copies of any docs you intend to rely upon.

 

You need to act fast before the claimant files his application for Order of Sale.

 

The fee for your app is £75.00 (because a hearing will be required to decide upon this matter).

 

HM Courts Service web site is where you can fill out the two page Application notice (N244) and print it off, when you have done this, make three copies, one to file to court, one you serve upon the claimant, keep the third one for your own records.

 

How much is this debt?

 

How much were you ordered to pay to the claimant each month?

 

I hope this will help you somewhat bilious.

 

Kind Regards

 

The Mould

[bilious]

Debt is 11k and was ordered to pay 20 per month by the original ccj which i have done without fail

what worries me is i have had no notice of a hearing

but looks like mbna had the heads up hearing is 5 weeks away that any help..

 

What troubles me as well is the fact the DJ didn't obviously look at the case and just ordered a forthwith...

[The Mould]

Bilious, what is this Hearing in 5 weeks time?

 

What paperwork have you from the court/claimant relating to this Hearing?

 

Well, as you did not attend court (not your fault - I know) the claimant had free reign at that Hearing, so goodness knows what he put to the court.

 

Kind Regards

 

The Mould

[coledog]

Useful link below to fact sheet on COs - basically one should not have been granted if you were making payments against the CCJ. You need to contact the court and make a fuss about not receiving the claim forms etc, request copies to be sent to you

 

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

[bilious]

Hiya!

Neither of us were at the hearing

i really don't know whats gone on except the dj obviously favours the bank?

 

the hearing is for this interim order to be heard!

what are my steps if you don't mind me asking money is quite tight and need to know exactly what i can do without throwing money away at the court to just turn it down.

 

all i received was a new judgment with the forthwith order then mbna's rather large bombshell with the interim order etc... any advice please

[DonkeyB]

The DJ didn’t favour the bank – it’s just that it was uncontested. So follow the advice and get it set aside!

[bilious]

Thanks for that donkey, how exactly?

the phoning up or the n244 form?

 

cos 75 pounds is rather a lot at the moment and someone asked about children?

we have two one is 5 the other is 16 months but mbna really don't care about that do they?

 

Not sure about the uncontested as a ccj was awarded they wanted redetermination, and whallop i'm stuffed lol..

[sillygirl1]

Are you receiving any benefits, if so then you can get relief from court fees.... this includes council tax benefit.

[bilious]

no both work, but wife part time after baby i've lost all but tiny overtime etc etc

[DonkeyB]

you had the right to attend to argue the case and should have been informed of the date of the hearing.

It will take an N244 but as SG says, you may get relief.

 

They could only have gotten a redetermination at a hearing with your presence if the judge was convinced you were able to pay more.

 

Your standpoint is that

(a) you have adhered to the court order;

(b) you cannot afford to pay more; and

© you did not receive notice of the hearing,

 

so a fresh hearing should really be a formality.

[bilious]

i'd like to think so, but really don't know now after this...

Sorry to be a pain but am at wits end right now and can't focus properly,

 

so do the n244 form fill it in make three copies and take it in to the court and pay there?

Also can someone step by step for me as i really can't think right now, what else do i have to send them copy of the original ccj? and receipts for the payments i made on them etc etc?

 

do i also need to send in an i&e for them as i really can't afford more all the money that comes in goes out! my other creditors accepted the 20 pounds per month and am in talks with the other two atm, but mbna are the worst and have been throughout..

[The Mould]

Hello again Bilious

 

Very briefly, I will go through the N244 with you later on tonight - step by step.

 

Can you scan in and post up the paperwork that you have received from the court at all, please?

 

Have MBNA made an application for a interim charging order or has interim charging order already been granted by the court?

 

I understand fully that £75 is an awful amount of money when finances are already stretched to the limit, try and remain calm about this matter if you can bilious, we shall get you and your wife through this dreadful ordeal.

 

I am going off-line in 5 mins, so, can you come back quickly with the answers to the above please, if not, don't worry, I shall catch up with you tonight.

 

Don't bother telephoning the court as it will not achieve the required result.

 

Kind Regards

 

The Mould

[bilious]

Lol

just phoned the court

no apology nothing

interim has already been granted by the court,

hearing is set for 4 weeks time...

 

They've said the same n244 form have checked my address,

i asked why i didn't get any notification of this hearing (silence......)

how if a judgment has already been made which i adhered to,

how it was granted to the bank?( more silence....)

[AndyOrch]

What if you have been served with an Interim Charging Order

 

The first thing to do is to check to see whether the correct process has been followed. Always check to ensure that the creditor is actually chasing the right person! At this point we will assume that any potential challenge to the legality of the Judgment has been carried out (CCA request, Challenging default notices etc). It is worth checking to ensure that the judgment has been entered correctly, did the N30 form outline the determination process correctly? If it didn’t you could consider a set aside. It is worth checking the day the Interim order was applied for to see if the CCJ was actually in default on that day. If an application to vary the terms of the CCJ has been sent to the court prior to the Interim Order request ensure that the court considers the variation before considering the Interim Order. The creditor must send a copy of the Interim Charging Order and Affidavit to all those with a legal and/or beneficial interest in the property, for example the mortgage lender. If this doesn’t occur the hearing will be adjourned.

 

 

Regards

Andy

[bilious]

the original ccj has no missed payments

whats happened is they've ask for redetermination!

 

I wasn't informed of the hearing date 21st december,

neither of us were there,

he's ordered a forthwith, 21st december, which i only received thru the post on jan 15th

 

yes was in default for the forthwith (which i had no idea about. mbna obvioulsy knew because they went and have been granted an interim against me..) but not the original ccj.

 

am i making sense?

[AndyOrch]

Ok I see the Mould is going to go through this with you this evening as per his post above.

[bilious]

hope so, but am at work tonight so hopefully we'll catch up tomorrow,

i'm sorry but everything they've not supposed to do,

they have done and done so with impunity,

and it seems now that they'll easily turn an unsecured card into secured and then forcibly sell my home,

because this looks like what they've intended from the start...

[The Mould]

Bilious

 

Is the Hearing that's comming up shortly for a final charging order?

 

I understand what you are saying in relation to the re-determination hearing, so you are probably in default of that Judgment/award, as you say.

 

OK, you need to file and serve your written statement opposing/resisting the claimant's app, stating the grounds for your objections. You already have the knowledge of those grounds/reasons, so start preparing your statement, you must file and serve your statement not less than 7 days before the hearing date.

 

Catch up with you later on tonight.

 

Kind Regards

 

The Mould

[The Mould]

Bilious

 

Just seen your last post, OK then, see if we can catch up on the morrow.

 

Kind Regards

 

The Mould

[bilious]

Think with the state of my mind at the moment am gonna need help with that buddy,

cannot think straight at all,

 

tried to do the right thing by paying off what i can afford and have been thrown to the wolves so-to speak!!

 

keep reading about this Mercantile Credit Co Ltd v Ellis in 1987 will that have a mention or am i barking up the wrong tree?