cabot/MBNA card Debt - Begging letter received om Mortimer Clarke

[AndyOrch]

Sorry, I did mean CCA requests. My apologies.

 

The charging order is in favour of Optima Legal but it concerns an MBNA credit card. I thought that charging orders carried an interest rate of 8% per annum?

 

Charging Order or Restriction are merely to secure the judgment...there is no financial amount or interest attached to the Order...the judgment defines what you pay.

 

 

Regards

 

Andy

[AndyOrch]

By went to court do you mean they issued a court claim and got a CCJ against you ?    That was 2010 ?  

 

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 I had to go to Court a few years ago and Optima Legal said I had to pay £20 a month. 

 

Is this a second court appearance (2018 ) ????

 

Andy

[AndyOrch]

Just skimming through this thread......wasn't it MFS Portfolio that got Judgment and Optima legal representing them ?

 

MBNA never took you to court .....have you ever received a Notice of Assignment informing you that Cabot now legally own the debt ?

 

Andy

[AndyOrch]

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 MBNA XXXXXXXXXX at care of Optima Legal

 

So what does that letter from Optima Legal dated 5th Oct 2017 referring to its client MFS Portfolio fit in ? has this been assigned twice ? or did Cabot take over MFS Portfolio ?

 

Either way there has to be a Notice of Assignment...and a debt with a judgment attached can be assigned.

[AndyOrch]

I would have to disagree ...this is for a debt of  £11,313.14.....although an AOE may be pointless.....they could apply for a Warrant of Control to move goods. Now the judgment is over 6 years old...they already have security by way of the restriction...and you have previously been paying towards the debt.

 

Its quite simple for Carboot to substitute names as Judgment Claimant , to request permission to execute further may be a little difficult but not impossible. There is no requirement to change the name on the Land Registry as the charge is connected to the judgment number.

 

I agree there are a lot of ifs and could and maybes above...but it would be far more simple to resume payments of £20 pm than having the constant worry of whether the above may happen.

 

Just my opinion considering the amount involved.

 

Andy

 

 

[AndyOrch]

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 but probably not worth the massive expense of a court case (that they might well lose)

 

It does not require a hearing to change Judgment Claimant name....£100 N244...job done.

 

If needs be offer a payment of £10 per month....as least you have responded..their choice of they decline.

[AndyOrch]

Also to add.....reading back payments where being made up until 2017.....therefore they might not need to permission from the court to execute further given that there has not been a 6 year gap re acknowledgment/payment.

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

 

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[AndyOrch]

  It really craws me to have to give that advice having to pay a DCA and alternate to my colleagues advice ....but for the amount of debt in question.....for the sake of resuming payment...and as little as £10 per month.....Im sure you will sleep better at night.