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

[AndyOrch]

Mercantile does come into this and Im glad you are aware of it.

 

Some interesting reading for you in the meantime http://www.oft.gov.uk/news-and-updat...ss/2010/136-10

 

and a similar thread Judgment awarded against me - can't pay!

[diddydicky]

whilst the mould is assisting you, off topic, may i advise you to calm down and relax. the purpose of the hearing in four weeks is NOT to sell your home- it is to obtain the final on the interim order that has been granted (this is normally done without a hearing and deliberately so- to prevent the def from getting wind of the application and flogging or disposing of the asset in the meantime)

 

even if you did not get the order revoked - and given that you were maintaining payments and unaware of the forthwith order- the judge will UNDOUBTEDLY grant an order for you to make monthly payments - so you need to be prepared with an I & E for the court hearing- just in case you dont get your way - and DONT offer to pay what is demanded by the creditor - offer to pay what you can COMFOTABLY afford according to the disposal incomce resulting from your I & E (use the payplan or CCCS model I & E which the court will accept)

 

did you not get a letter from the land registry advising you that the interim order had been granted and giving you a deadline to object- if not phone the LR and ask them why-

 

orders for sale are as rare as hens teeth and certainly not if there are children in the home- so stop worrying

[The Mould]

Good evening bilious

 

Just had a brief re-read of your post.

 

Are you saying that the claimant has varied the original Judgment at that re-determination hearing and the 'forthwith' was for the full £11K?

 

some homework for you to do bilious on the morrow dear fellow.

 

Scan in and post up the original Judgment please - minus your personal info of course.

 

Scan in and post up the claimant's app and statement(s)/docs that he has filed/served for the final charging order please.

 

When you objected to the re-determination hearing 150 miles away and had it transfered to your local court, how did you notify the court of your objection, i.e; in a letter, an Application notice? Make copies of this, forms a part of your documents/exhibits and will also show of your intention to attend the said re-determination hearing that you were not notified of.

 

You should be able to refer to the Mercantile v Ellis case, depends on what was granted to the claimant in the original Judgment.

 

Make copies of your receipts/statements showing of your £20 payments being made pursuant and in compliance with the original order, these will form a part of your documents/exhibits that you intend on relying upon with your statement objecting to the final charging order.

 

When was the original Judgment awarded against you?

 

Did any of your other creditors bring an action against you to recover the monies due?

 

How much money do you pay each month to each of your other creditors?

 

Is your property jointly owned?

 

Do any of your children suffer from any medical problems or disabilities?

 

That will do for now bilious, forget about an Application notice (N244), you can file and serve your opposition to this final charging order and it will cost you in ink, in paper, registered post and of course time.

 

You need to have everything ready to file and serve 7 business days before the hearing date.

 

Post up and scan in as much info/detail as poss please, I/we need to be furnished with the same knowledge that you have on this matter in order to advise/guide you through this situation.

 

Catch up with you shortly.

 

Kind Regards

 

The Mould

[bilious]

Original judgement was in october first payment was for november and yes as far as i can see the claimant asked for a redetermination in a court near them..

 

Another creditor did get a ccj against me 9.5k and they accepted the 20 payment

 

Property is jointly owned wife and my self it is also shared owneship

 

Other creditors in talks with at the moment nominal amounts paid to them at the moment

 

Children are fine ( thank goodness.) will try and scan other stuff for you today,

 

Are these people now going to hassle my wife, after this land registry was sent to her, because her mental health will not be good if they start going for her when they are in my name only..

 

Oh! and i applied to have it changed both by phone and by e-mail, which i should still have somewhere. Do i have to acknowledge this within a certain time or is it the 7 days before and what about that N244 form is that not needed now?

 

And Andy thanks for the link except it seems joans similair case means i'm gonna be stuffed when i go to court by the looks of it.

Edited January 18, 2011 by bilious

[diddydicky]

they are not "going after your wife" and the charge would be against only YOUR interest in the property

 

so for example if the house is say worth £50,000 after all mortgages and sale fees have been accounted for- then YOUR share (unless you can show that she has a greater share than you) will be £25,000 and they cannot touch her £25,000

 

however when a charging order is applied for ALL other co owners have to be notified of the proceedings and given the opportunity to object to the charging order being made if they wish

[AndyOrch]

And Andy thanks for the link except it seems joans similair case means i'm gonna be stuffed when i go to court by the looks of it.

Not necessarily Joan never filled a defence only acknowledged the claim and a lot of errors were made along the way.

Regards

Andy

[bilious]

Thanks andy am looking through it now to see if there's a date to object by and here's some of the stuff they sent

 

http://s980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/Switch.jpg

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/Judgement.jpg

 

so the original judgment which i stuck to, then the little trick that optima seem to be doing to a few people on various other sites redetermination then go for CO then the new judgment that i had no idea about till they came through the door a day apart..

 

Hope it helps, cos am not in a good place at the moment, too much thinking of the worst i'm afraid..

Edited January 18, 2011 by bilious

[AndyOrch]

Stay positive, strange on that neither of you turned up to the Hearing the DJ felt the need to make that order considering you wasn't in default of the original judgment.

[sillygirl1]

Possibly the DJ never had the info in front of him regarding the payments - smells a bit fishy don't you think....

[DonkeyB]

Could it be that neither party was told of the hearing? I get the impression it may have been heard without a hearing; something very wrong. Is Bedford your local court? If so, it seems to have been transferred there at least which makes it all very strange.

[Docman]

What is even stranger is that the Notice of Transfer from the Northampton County Court states the case is to be transferred to the WANDSWORTH County Court, which is in south London. However, the Court Order is from the BEDFORD County Court, about 60 north of Wands worth.

Me thinks there has been a cock up by the Court Service, and so probably the reason why no one turned up. Perhaps a letter to the court manager at the Bedford County Court may be in order. If that doesn't bring forth some common sense, then a complaint to the Court Service Area office may be needed.

[AndyOrch]

I assume the original Judgment was made at a hearing Billious?

[bilious]

hi guys let me backtrack

 

the original ccj was from northmpton ccbc, which i started to pay.

mbna objected to the payment then asked for a redetermination at wandsworth, which i objected to,

got it transferred to bedford my local court, but heard nothing about a hearing till they gave mbna the forthwith..

 

Hope that clears it up? and now they've started the charging order any idea chaps?

 

My only fear now is i'll get steamrollered on this and they'll give it to them?

[AndyOrch]

hi guys let me backtrack the original ccj was from nthmpton ccbc, which i started to pay.

 

Bit more history here Bilious was you at the hearing, did you submit a defence. and how much was agreed to pay monthly?

 

Regards

 

Andy

[bilious]

No i admitted to the debt, (even tho cca never received faulty dn etc..) thought it would be easier, just to pay and keep em off my back ( lol.)

 

the court decided at northampton they set the payment at 20 pounds per month according to what i can afford by the I&E i sent with it..

[AndyOrch]

Right becomes clearer now.So judgment made without an hearing and redetermination possibly without an hearing (unless it can be proved there was one)

Have you ever hear of the phrase " Hybrid Order" ?

 

 

Regards

 

Andy

[bilious]

nope does that mean i'm stuffed then

[AndyOrch]

If a judgment is made without an hearing the Redetermation must be made at an hearing.Otherwise this is known as an Hybrid Order, basically this started in Northampton because of the Bulk Claims Centre.

It as since been found that these judgments are illegal and any DJ presiding over them are infact breaking the law.However it is still to be proved that in your case was there infact an actual hearing for your redetermination application by the Claimant.Neither yourself or the claimant was informed of the hearing and as Docman states above the transfer looks rather suspect.

Not wishing to tread on Moulds toes lets see what his opinion is and recommends.

 

Regards

 

Andy

[bilious]

ahhh! just looked at the original form that was an n30 this new one has n24 on it..

[AndyOrch]

N30 is Judgment for claimant (default HC) N24 Blank form of order or judgment Wouldnt be too concerned with that.

 

Andy

[bilious]

So shall i wait for the mould to jump in on this? many thanks for your help btw...

[AndyOrch]

Lets see what course he wishes you to follow and advises.But basically your not stuffed rather stitched and this fiasco need to be uncovered.

 

Regards

 

Andy

[The Mould]

Bilious!!!!!!!

 

OK, I did just bloody write quite a long post for you and when I was ready to submit, I was bombed off the blasted site and had to re-log in, my reply was F erased!!!!

 

Be back shortly.

 

Need tea and pipe smoke.

 

Kind Regards

 

The Mould

 

Good evening again bilious

 

Excuse me for a minuet please, SITE TEAM is there any possibility of you being able to retrieve my lost (and last) post to this thread/case please?

 

Bilious, that first link in your attachments did not work for me, the other two did.

 

I cannot remember what I had written for you before I was bombed off the site, so, instead of typing up another 10 para reply (I am a one finger typer), I shall keep this one short and to the point - here goes.......

 

We know what has happened now.

 

It is wrong.

 

Let's do something about it.

 

Let's put it right.

 

I hope that helps you somewhat bilious.

 

Kind Regards

 

The Mould

 

PS Bib bab bub bib bib bib bab bab beb beb bub bab bab baaaaaaahhh bib bib bib bo bo bob

 

Bilious

 

The above is only a little joke dear fellow, designed to make you laugh, I hope it did, midnight fever is what it is.

 

Seriously, we need the Judgment forthwith dissmissed, the interim charging order discharged/dissmissed and the original Judgment - instalment order £20 - reinstated.

 

So, as the claimant has already made some headway with his action, I would suggest preparing your statement objecting to his action and compiling all of your documents/evidence in support of your objections. I believe you have very strong grounds that will undermine this action.

 

You can complain to the court re: The re-determination hearing that neither party attended whereby the DJ sitting made the motion to overturn the original Judgment and award a forthwith Judgment, all having taken place without your knowledge and of course putting you in a position of default in respect of the said forthwith Judgment whereas prior to this you were not in default of the original Judgement- instalment order £20.

 

You are in very good company here, Andyorch, DiddyDicky, Doc man and the like, I just hope that my toe nails don't get broken:lol:!

 

Anyway bilious, I do wish that my post did not become lost in cyber space somewhere, never mind.

 

Oh yes, bilious you and your wife must try and relax, keep calm, difficult I know, but please try bilious as said by DD.

 

Catch up with you shortly.

 

Kind Regards

 

The Mould

[DonkeyB]

Mould, what's in that pipe you're smoking? Not sh*t, Sherlock, I hope...

[The Mould]

Bilious

 

When is the date of the hearing? Work 7 business/clear days backwards from that date and that will be the last day for filing/serving your statement/documents objecting to this action, by 4pm that day bilious.

 

Do you have any other paperwork from the claimant in respect of the re-determination hearing from last year (2010) and/or his app for the hearing comming up in 4 weeks time?

 

Did you already post up the original Judgment order?

 

Kind Regards

 

The Mould

 

Mould, what's in that pipe you're smoking? Not sh*t, Sherlock, I hope...

 

Old Holborn, Donkey. By the way, are you going to do any more movies with Shrek?

 

Kind Regards

 

The Mould