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Anyoldname

MFS/restons CCJ/CO - settled via IVA but restons now chasing again. CO still shows against my home too!

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Hi. The history behind this is:

 

I signed into an IVA sometime back in 2012. All my debtors signed up, and I paid it on time, at the amounts prescribed by my IVA Consultant. I was discharged from the IVA on 9th of May 2017.

 

I'm now get threatening letters from Restons, in the name of MFS Portfolio. They have a charge on my property, (and I've just checked that they have).

 

The account they quote is the one I paid through my IVA, and appears in the "Creditors Claims Summary Report" so that shows they signed up to the IVA, and its T&Cs. There's records of payments made in the report from my IVA guy, etc., etc.

 

Restons, are just not interested. They're passing me to "enforcement" and I can't find any phone numbers, etc., for MFS Portfolio.

 

Any help here?

 

D.

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MFS are cabot DCA in sheeps clothing.

they are not bailiffs.

how much is the CCJ for?

 

you say there is a charge so there must have been a CCJ taken out

is it on your credit file?

did you not defend it?

 

is the home jointly owed and the debt is solely yours so just a useless restriction k?

 

please expand you story with a timeline.

 

are you saying that reston have now passed this to a court bailiff to enforce the CCJ when there is already enforcement via the CO or a restriction k charge?

 

things are not adding up here....

 

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Thread moved to Financial Legal Issues forums...please continue to post here to your thread.

 

Andy


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K. To give a timeline, etc.

 

Around 2012, I was in financial problems.

I'd changed jobs and lost a lot of income.

 

I considered an IVA, and approached a company.

They told me I had to have a CCJ to do that (I'm not sure if this is legit or not) so I did.

I can't remember, but I'm assuming it was MFS (Well, MBNA) that took me to court.

As soon as I did that, my IVA guy signed me up...

 

I'm not sure if it's relevant, but MBNA / MFS signed on for the IVA.

I have the report here, account numbers tally, payments made to them, etc..

The initial amount was for around £7K.

They have received the proportion (Dividend?) payments I made.

I never missed a payment, and I was discharged on 9th May 2017.

 

About a year ago, Restons started writing.

I passed them onto my IVA guy, who said not to worry, they had no claim.

 

Now this.

 

BTW, there's no record on my credit file.

I'm spoken to my mortgage people, and they've confirmed there is a charge.

 

Forgot to say... Home is owned solely by me, the debt was solely by me.

 

D.

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MBNA sold the debt to cabot

cabot using one of their many trading names got the CCJ then the CO.

nothing to do with MBNA once they sold it

 

was the CCJ/CO def included in the IVA and mentioned, looks like it!!

if so the IVA should have applied to of gotten the CO removed upon completion of the IVA I think.?

restons are just chancing their arm.

 

pers i'd be biting the IVa guys bum, as there having to be a CCJ 1st is WRONG and as the debt appears to have been settled via the completed IVA he should have gotten the CO removed too.?

 

 


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An IVA cannot include a Charging Order or overturn it A Charging Order will turn an unsecured debt into a secured one.  If a Charging Order is granted before an IVA, an IVA will not be able to overturn the Charging Order.


Check what date the Charging Order was granted compared to the date of  the CCJ.


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oh dear conned by the IVA provider

that's unusual...not!

 

 


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You can include a CCJ but not if its secured by a Charging Order...because it then becomes a secured debt....but if the CCJ was put into the iVA before the Charging Order was applied for then thats okay.....the charging order should never have been applied.


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so what date was the CCJ attained

what date was the CO attained

what date was the IVA started

 

dx


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Yes. I've double checked the "debt" it is the same account number, card number, etc.

 

I looked out my claims Summary Report, and my final report (9/5/2017), and something called the "List of Dividends Or Composition" and all the details are the same - account number, card number, etc.

 

4 hours ago, Andyorch said:

An IVA cannot include a Charging Order or overturn it A Charging Order will turn an unsecured debt into a secured one.  If a Charging Order is granted before an IVA, an IVA will not be able to overturn the Charging Order.


Check what date the Charging Order was granted compared to the date of  the CCJ.

To be honest, I've no idea how check all that stuff.

 

Not showing up on my credit report, and the only reason I know it's there is because I phoned my Mortgage lender, and they checked with the Land Registry.

 

How do I find dates, etc? I've tried online, but it just says I have nothing against me.

 

D.

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Contact the Land Registry yourself and ask for the date of the charging order.

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use only the .gov.uk land registry site else you'll get charged excessive fees like +£35

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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the CCJ is obv very old

give northants bulk a ring

they might be able to give you the details

ask for a copy of the CCJ by email pdf, or you atleast need the date of judgement.


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I've just had a call from Restons, apologising, and saying the letter was sent out incorrectly. There IS a charge, but that should have been cancelled upon completion of my IVA. 

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that's a result!

are they getting the charge removed?

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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1 hour ago, Anyoldname said:

I've just had a call from Restons, apologising, and saying the letter was sent out incorrectly. There IS a charge, but that should have been cancelled upon completion of my IVA. 

 

 

Thats coincidental is it not ? :wink:

 

As previously stated it shouldn't have been included on the IVA in the first place  if the Judgment and Charging Order were the same date.....which is unlikely, I assume you got the CCJ on the IVA before they applied for the Charging order....which meant the IVA overturned the CCJ. 


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2 hours ago, dx100uk said:

that's a result!

are they getting the charge removed?

dx

 

According to Restons, yes, but I'll wait and see the results before I celebrate...

 

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