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

[starz 61]

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

And they did it to me

[Rhia]

Gizmo. Are you saying just leave it. It's not the end of the world and TH can go after the charges etc from MBNA to reduce her debt and may be able to make some sort of offer to pay them off?

[thereshope!]

Hi Guys:)

 

Thanks for all the support and comments, I really appreciate you all taking the time to post.

 

DJWeeble, yep he actually said "I am not prepared to go against the tide on this".I must admit I was a bit suprised by his comment. I knew at this point I had lost:(

 

He made it clear that I had nil chance of winning if it went before a circuit judge,and said the costs that I would pay would run into thousands and he wasnt prepared to rule in my favour on that basis. He said he needed to consider 2 points when ruling at a set aside hearing,which were how long it had taken to apply for set aside and what were the chances of sucess !?!.He said the acceptable time limit would be weeks not months after judgment.

 

I did consider appealing, but this has taken a fair bit out of me TBH. I put a lot of time and effort into it,to the detriment of my family. I was spending hours and hours(you know how it is on here:eek: )just trawling through threads and the net in general,and I thought I had enough to secure a set aside.

 

I dont know what else I can throw into the mix TBH.

 

I used EVERY point I could from a legal standpoint,including the points that Richard Spud raised in the LPA 1925 regarding the obligations of an Assignor ,which MBNA clearly didnt adhere to.

 

I also took a copy of the letter that Peter Bardsley received concerning Ian McCartney's view of what is required to be produced by a creditor,along with copies of the CCA 1974 showing the credit agreement should be produced before enforcement of a debt etc etc etc

 

I showed copies of N1 that had been issued against 1st Credit and MBNA for non compliance,and their inability to respond by the specified date,complaint letter from FOS and so on.

 

I cant afford to go to trial and pay the fees associated with fastrack etc. If I lose,which the DJ says is a certainty, I will be in a worse position than What I am now.

 

Its a no-win situation I think:mad:

 

Sorry for sounding negative,but I really think I have no choice but to let it stand for now.

 

Hope xx

[Richard Spud]

Regards to All

[thereshope!]

Hello all:)

Its been quite some time since I last posted on this thread,but I have something of relevance that I want to share with all my fellow 1st Credit crusaders lol !

 

I filed for non compliance in march .LCS, solicitors acting for 1st Credit acknowledged sevice on 19th April.

 

And that is as far as they have got !

 

Just phoned the court and they have told me to contact the judge and request that he order 1st credit to supply the CCA, which they wont be able to do as they dont have it !

 

I am optimistic that I may be able to do something about that charging order that was granted

[sequenci]

Big news

[tifo]

i'm in the same position with 1st Credit, but have been told by many on here that once judgment is given and a charging order made final, it is VERY HARD getting either set aside, non-compliance or not (they haven't sent me anything yet and i know for sure that the agreement has been destroyed as MBNA don't have ANY agreements before the date they took over my credit card).

 

i was told the time to do a s.78 would have been at the time of court and that ignorance of the law (at the time) is no defence now.

[Rhia]

Yes TH do exactly that. There is something called a Part 18 request under the Court Rules (CPR) It applies in fast track not small claims (ie under £5k). If you issue your request, send a copy to the court and ask the Judge to rule they comply.

If they don't have an agreement it should be grounds to get it set aside. It ain't over until the fat DCA sqwauks.

[Richard Spud]

Regards to All

[thereshope!]

Thanks for all the replies guys,I really feel like grabbing this bull by the horns again !

 

I am currently up to my kneck in Natwest and Cobbetts,which will be over sooner rather than later,I think;)

but fully intend to have another crack at 1st Credit as soon as I get a chance.

 

I will have a good read of the links that Richard Spud kindly posted re CPR(thanks Richard)

 

Please keep posting your experiences/advice/comments on 1st Credit because it would be a real victory for all of us to get one up on them,they so deserve a nasty surprise lol

 

Hope xx

[Cornucopia]

Thanks for all the replies guys,I really feel like grabbing this bull by the horns again !

 

I am currently up to my kneck in NatWest and Cobbetts,which will be over sooner rather than later,I think;)

but fully intend to have another crack at 1st Credit as soon as I get a chance.

 

I will have a good read of the links that Richard Spud kindly posted re CPR(thanks Richard)

 

Please keep posting your experiences/advice/comments on 1st Credit because it would be a real victory for all of us to get one up on them,they so deserve a nasty surprise lol

 

Hope xx

 

Hope, did you get my email hun?

 

xx

[thereshope!]

i'm in the same position with 1st Credit, but have been told by many on here that once judgment is given and a charging order made final, it is VERY HARD getting either set aside, non-compliance or not (they haven't sent me anything yet and i know for sure that the agreement has been destroyed as MBNA don't have ANY agreements before the date they took over my credit card).

 

i was told the time to do a s.78 would have been at the time of court and that ignorance of the law (at the time) is no defence now.

According to the clerk that I spoke with today,despite her saying that she wasn't legally trained,she still felt that certain options remained open despite judgement being awarded against me in the charging order hearing.

She felt that the fact remained that if there was no credit agreement then the case would need to be re -examined.Maybe we still have a chance of fighting this Tifo

[thereshope!]

Hi Corn:)

 

Havent checked emails so give me a minute to have a read .

Back soon x

[thereshope!]

Corn ,you've got mail hun !

[Josie8]

Just read your thread............wishing you all the best

[thereshope!]

Thanks Josie8:)

[paulwlton]

I'm amazed the creditor has applied for a charging order in your case. Do they not realise once a judgement is made the debt will no longer attract interest? Also the chances of them being able to force you to sell are diminished if the property is jointly owned, especially if the sum owed is small.

 

The creditor will keep applying interest if the original credit agreement contains a clause allowing interest after judgment, this is legally binding and the creditor is not obliged to notify the debtor.

 

Paul

[paulwlton]

A charging order can be made against jointly owned property but is registered at the Land Registry as a caution, not a charge, the general effect however, namely to restrict you from your ability to sell, is the same.

 

I have a final charging order on my property. The original debt was a £6000 loan and when the final charging order was issued it had risen to £15,735.02. :o

 

I'm amazed the creditor has applied for a charging order in your case. Do they not realise once a judgement is made the debt will no longer attract interest? Also the chances of them being able to force you to sell are diminished if the property is jointly owned, especially if the sum owed is small.

 

With any luck the judge will see that the creditors action is foolish and will limit costs or even make them pay the costs..

 

Not true the creditor will keep appling interest if there is a clause in the original agreement.

[speedtrip]

I was about to pursue the CCA route but now having second thoughts.

 

In what way did TH admit the debt as i believe this to be central to my case.

 

Was it verbal/written and what evidence was presented.

 

Were you given the option to settle prior/during/after the court case as my DCA has refused my offer and given an ultimatium.

 

I am new to CAG and while I appreciate the advice I just want to make sure that I doing the right thing.

 

It they are recording our phonecalls is this admissable in court as they dont always warn us, so where is the proof, previous payments/letters to them?

 

Were 1st Credit the DCA or Creditor?

[Aristoc]

I too am interested in what constitutes admission of debt. I have made payments to my Barclaycard account in the past, including (iirc) token payments to Mercers DCA. The account is now supposedly with scotcall, despite mercers/Barclays criminally defaulting on my CCA. I have not paid a penny to the company in at least six months.

 

Do my prior payments consitute recognition of the debt?

 

My account with Barclaycard constitutes 70% charges/interest since 2005.

 

John

[paulwlton]

I believe an aknowledgement of a debt must be in writing to be binding.

 

Paul

[Nightmare4banks]

I would just like to add to the post made by Paulwlton:

 

The interest can be added on BUT only up to the term of the original loan.

 

Say for example if the judgement was obtained in year 8 of a 10 year loan the interest can only be charged a further 2 years.

[paulwlton]

I would just like to add to the post made by Paulwlton:

 

The interest can be added on BUT only up to the term of the original loan.

 

Say for example if the judgement was obtained in year 8 of a 10 year loan the interest can only be charged a further 2 years.

 

The interest will be charged on any outstanding balance and will continue to accrue irrespective of the contractual term.

 

Paul

[Nightmare4banks]

I would like to state:

 

1.Interest is always added if the balance owed is 5k pounds or more.

 

2.Interest is added if and only if it is stated in the agreement at the contractual rate if the loan is less than 5k pounds.

 

3.Remember the rule 78 which was used to calculate the redemption amount on a loan has fairly recently been abolished completely due to its unfairness.This would be a significant factor difference in working out the balance owed on redemption of a loan.

 

This rule applies to regulated secured loans i.e.loans governed by the consumer credit act.

 

4.I disagree with what you have just posted Paulwlton - no disrespect and nothing personal in any shape or form as I have been told this very recently by a county court officer that deals with these matters on a daily basis.Perhaps you would like to explain on what grounds you have mentioned this.At the end of the day,if I am incorrect I would also appreciate it if you could correct me and I would ask the mods of this site to remove my posting here regarding this matter as I never post incorrect information.

[iddles10]

Good luck to you chuck.