1st Credit/mbna... Applying For Finalcharging Order. Advice Please

[thereshope!]

Hi all,

 

I have a debt with MBNA which has been sold to 1st credit.

 

Despite having a dmp through the CCCS ,1st credit have never been happy with the amount I pay, and have been awarded an interim charging order on my house.

 

I so wish that I had known about the CAG before this went to court as I didn't even attempt to defend myself.

 

But I know now and with the vast pool of knowledge amongst these threads, I really feel that I have a chance of fighting !

 

I receiveid a letter from Chivers Easton Brown Solicitors in December stating that they enclosed,by way of service ,a sealed copy of the Interim Charging Order and that they intended to make it a Final Order at a hearing in Feb.

 

I contacted the court as they wanted it heard at their local court which is the other end of the country and it has now been transferred to my local court,date as yet to be advised.

 

I want the hearing to be delayed as I am going to try and claim back charges .Can I ask the court to give me time to get my statements etc ?

 

I have also read in a thread that 1ST Credit should have asked for written permission to access my personal data.They have never asked and I have never given it.

 

Am I right in thinking that they have been a bit naughty delving about in my personal data ?

 

What is the first step to take ?

 

Do I need to ask MBNA for a SAR and 1ST Credit for copies of CCA ?

 

Contact my local court even though I dont have a hearing date yet ?

 

I am shocked that 1ST Credit managed to get an Interim Charging Order for a debt of £3400.

 

Natwest applied for the same but were declined in Feb and my debt with them is a lot bigger.

 

It really is soul destroying when you pay these companies through a dmp because you are making a real effort to clear your debt, and they go and apply for a CCJ or CO which adds lots of fees etc onto the debt.

 

What is the point ?

The judge will order me to pay what i'm paying now as it is all I can afford to pay.

 

I think this is a tried and tested route for 1ST Credit though, as when I phoned the CCCS and said a creditor was applying for a charging order they said " let me guess,1ST Credit ". Apparently its something they usually try to do.

 

Anyway,sorry for being a bit long winded. Just wanted to get the facts across and have a bit of a rant !

 

Any help or advice dealing with these bully boys would be much appreciated

 

Thanks in advance

 

Hope xx

[stan5131]

Yes. Send out the SAR and CCA. This will put the debt in dispute. Then write to the courts asking for more time and giving the reasons. Hopefully, the charges will considerably reduce the debt or maybe even wipe it out.

[thereshope!]

Thanks Stansfield

 

Going to do both letters now (o/h snores and keeps me awake so might as well do something useful lol )

 

Hope xx

[stan5131]

I live near you, so if it does go to court, would be happy to be your buddy.

[thereshope!]

I live near you, so if it does go to court, would be happy to be your buddy.

 

Thankyou so much !

 

TBH that would be fantastic !

 

It is a tad bit scary. Hopefully they will stop all action but you never know !

 

I have just been looking through some letters that MBNA sent me and one is dated from last Jan saying that my current agreement is due to end on 27th jan 2007 when my final payment will be made.

They went on to sell my debt to 1ST Credit about a month later .

 

What about our agreement ? Doesnt it work both ways. I entered into an agreement to pay through CCCS and they stitched me up by selling the debt to first credit who wouldnt accept any of my payments and proceded to court asap .

 

I have continued to pay them regardless so they cant say that i have witheld payment.

 

 

Any thoughts ?

 

 

 

Hope

[gravitas]

if they have an interim charging order, that means they have the benefit of a judgement and the onus is no longer on them to prove the debt is owed. Unless a miracle happens they will make the C/O final, so in order to sort this out you will need to apply to get the judgement set aside.

 

Why do you have a problem with them getting a charging order if you owe the money, C/O's can be attained on any sized balance as well.

 

On the balance youhave with them they will never get a order for sale so the charging order will have little effect unless you want to release equity or sell, in which case dont you think you would have a moral obligation to pay this debt anyway if you came into a lot of money?

[tifo]

1st credit did the same thing to me. They are very bad at not listening to debtors.

[stan5131]

The point is that TH has been continuing to pay this debt, so there is little point in the creditor seeking a charging order. Also, the reclaimable unlawful charges may just about if not entirely wipe out the debt.

[stan5131]

Gravitas, not really sure how your post is helping TH! The issue here is that the debt will most certainly be made up mostly of unlawful charges. Once ascertained, I doubt there will be much of a balance left worth the effort in seeking a charging order.

 

TH is not trying to evade her responsibility of any debt that she owes, though at this point, the amount she owes is questionable. This site is not about helping people shirk their responsibilities but making them aware of their rights which have been abused for far too long by the debt/credit industry.

[djweeble]

I agree wholeheartedly with Stansfields, but from experience (Link Financial) Gravitas is right to say

so in order to sort this out you will need to apply to get the judgement set aside.

 

Your application should be on the grounds that the original (still contested) debt was made up largely of what you now know to be unlawful charges.

 

Is the house solely in your name ?? if not, and the debt is not in joint names, then you should also argue that it is unfair to punish people who are not involved in the action against you.

 

Finally, was there a payment order made by the court, and have you stuck to it ? because if you have then this is a very strong argument in your favour for the charging order NOT to be made final.

 

BTW, for the figures your talking about it's very unlikely you'll be forced to sell up, they'll be happy to wait for you to sell the house and pay them back then, thinking about the interest they'll get....... BUT, there's one thing to keep an eye open for in court, a charging order cannot have interest added to it without the express permission of the judge, and most DCA's forget to apply for it they just assume they are awarded it automatically, they're NOT

[gravitas]

Im just trying to help, and im pointing out that charging orders regardless of whether a person has been paying or not can still be granted for a company to 'secure' their balance

[thereshope!]

if they have an interim charging order, that means they have the benefit of a judgement and the onus is no longer on them to prove the debt is owed. Unless a miracle happens they will make the C/O final, so in order to sort this out you will need to apply to get the judgement set aside.

 

Why do you have a problem with them getting a charging order if you owe the money, C/O's can be attained on any sized balance as well.

 

On the balance youhave with them they will never get a order for sale so the charging order will have little effect unless you want to release equity or sell, in which case dont you think you would have a moral obligation to pay this debt anyway if you came into a lot of money?

 

Hi gravitas

 

Thankyou for your comments

 

I am not trying to wriggle out of my responsibilities or my debt and have been paying through the CCCS every month without fail.

 

As Stansfield rightly said my problem with the charging order is that it has added court costs and fees. This time £209.00.

 

Where is the sense in that ?

 

At present my account is in dispute. TBH I don't have a clue as to the amount as MBNA/1ST Credit haven't sent me a statement for at least 2 years.

 

But there will be charges of that I am sure !

 

I agree that I have a moral obligation to pay my debts. I am not disputing this.

 

But dont you agree DCA also have a moral obligation too ?

How about obtaining permission to look at personal data ?

Or actually listening to their debtors and trying to resolve the debt witout enforcing court action.

 

Or how about common decency and respect for people that are obviously in dire straits ?

 

1st credit suggested to me that it would be a good idea to reduce my kids school dinner money from £2 per day to £1.

This was when they were in receipt of my budget summary and it was obvious that cuts couldn't be made anywhere.

 

Oh, and to consider getting rid of our dog as he was an added expense.

 

So I don't really need to be lectured on moral obligations gravitas,as I am the one that is actually sticking by them

 

 

HTH

 

Hope xx

[thereshope!]

Hey Stansfield

 

Thanks for the moral support ! Just tried to click your scales but told me to spread my reppies lol !

 

You seem to know exactly what I' m about and like the majority of the good folks on here I just want to be treated fairly and justly.

 

I want to pay my debts.

 

I dont want to pay masses of unfair penalties on top

 

 

Thanks bud

 

Hope xx

[thereshope!]

I agree wholeheartedly with Stansfields, but from experience (Link Financial) Gravitas is right to say

 

Your application should be on the grounds that the original (still contested) debt was made up largely of what you now know to be unlawful charges.

 

Is the house solely in your name ?? if not, and the debt is not in joint names, then you should also argue that it is unfair to punish people who are not involved in the action against you.

 

Finally, was there a payment order made by the court, and have you stuck to it ? because if you have then this is a very strong argument in your favour for the charging order NOT to be made final.

 

BTW, for the figures your talking about it's very unlikely you'll be forced to sell up, they'll be happy to wait for you to sell the house and pay them back then, thinking about the interest they'll get....... BUT, there's one thing to keep an eye open for in court, a charging order cannot have interest added to it without the express permission of the judge, and most DCA's forget to apply for it they just assume they are awarded it automatically, they're NOT

 

Hi djweeble,

 

The house is in joint names so I will try to argue this point,thanks.

 

Just having a look at the interim order now and it says that the judgement did not provide for payment by instalments.

 

I have continued to pay my regular monthly payment through CCCS

regardless though

 

Thanks

 

Hope xx

[thereshope!]

Hi guys,

 

Does anyone know of a template letter to send to court to delay a hearing while I get my SAR details ?

 

I have checked the template library but didnt see one .

 

Thanks Hope xx

[sequenci]

damn just seen it is a default judgment.

[stan5131]

Hope, dont think there is one. You just need to write to the courts saying

 

Dear sirs,

 

Case no:

Hope v xxxxx

 

Please note that in regard to the above case, this debt is now in dispute pending receipt of a Subject Access Request under the Data Protection Act 1988 from the original debtor. Part of my defence is that the majority of the debt is made up of unlawful penalty charges which are unenforceable under UK law. I am also awaiting a reply from the claimant as to my CCA Request under the Credit Consumer Act 1974 as they have not yet supplied me with a true copy of the original agreement together with the proper documentation ie deed of assignment/proof of their entitlement to claim this debt.

 

I am asking that the courts grant a postponement of 40 days in order that I may receive the above and allow me to make a proper defence.

 

I would be grateful if you would attach this letter to my case file for the attention of the Judge.

 

Yours

[thereshope!]

Thanks for that Stansfield !

 

Printed off and ready to go !

 

Hope xx

[stiffnuts]

Hi djweeble,

 

The house is in joint names so I will try to argue this point,thanks.

 

Just having a look at the interim order now and it says that the judgement did not provide for payment by instalments.

 

I have continued to pay my regular monthly payment through CCCS

regardless though

 

Thanks

 

Hope xx

 

If the house is in joint names and you are joint tennants if a final order was granted, the most they can do is get a "form k" restriction put on land registry against your benificial interest. Now I am not condoning anything inappropriate but at the end of the day but this does not guarantee the creditor his money. And a sale can go ahead not like a caution.

[thereshope!]

Received a general form of order/ judgement today stating that the hearing will be at Dewsbury County Court on 29/01/07

 

I think the letter that I sent yesterday and this advice of hearing date must have crossed in the post as I wrote requesting a stay for 40 days so I could get my CCA and SAR docs .

 

Guess if I dont get a new date through in the next week I will have to write again,

[stan5131]

Hope. It would be a good idea to pm joncris. He is a lawyer and will wider knowledge of the court system and your chances of getting a stay.

[thereshope!]

Thanks Stansfield

 

Have pmd JC so just waiting ...

 

 

 

Hope xx

[stan5131]

Hope. He always takes a long time to get back, sometimes a couple of days. He is very busy looking after and helping lots of other on this site. Just wait, he will answer.

[thereshope!]

Hi Stansfield

 

Thanks for that.

 

Just feeling a bit jittery and doubting in myself.

 

When I get my cca/ sar back, will they cover my loan and cc accounts ?

I asked them to provide info for all accounts held with them.

 

What happens re 1st Credit if they have breached the DPA and they have previously been awarded an interim order ?

 

Would that be revoked possibly and maybe halt further court action ?

 

Soz for being a pain !

 

Hope xx

[stan5131]

Yes. No paperwork - not debt. Dont worry.

 

Did you send £10 cheque for each account with SAR? Its just that they might come back with that one, but not necessarily.