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HELP - Interim charging order HFC Bank


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I have a court hearing on 11th May for final charging order.

 

My debt is with Marbles credit card - HFC Bank for approx £7500. My husband & 1 have a DMP with CCCS since July 2006 that is up to date. This debt is in my name. We have a young family and this is our principle home which is in both names.

 

In Sept'06 HFC Bank tried to get us to agree a voluntary charge stating that they would only accept instalments on that basis - we refused but continued to pay monthly.

 

In Oct'06 my husband received a letter from HFC stating that I had agreed to the voluntary charge and he should sign the enclosed paperwork. He did not do this as I had made no such agreement.

 

In Jan'07 I rec'd 2 letters from the court - without hearing.

1. Judgement for claimant (N30)

2. Judgement entered be payable forthwith.N24 General form of judgement or order. Order rule 22 1(1)

 

I applied for a hearing for redetermination at my local court. It was heard at the beginning of March and it was ordered that installments were agreed. The instalments are the same amount being paid by CCCS every month. I received a letter of confirmation from the court (N24). HFC Bank did not attend the hearing.

 

To our surprise we received an interim charging order. I am aware that I need to defend this action but would like some advice.

 

The order states that we are not behind with instalments and that HFC do not know of any other creditors apart from our mortgage company. This is untrue because they have had a list of our creditors and budget on more than one occaison.

 

It is possible that I may be able to pay £2500 off this debt before the hearing as this would reduce it to under £5000.

 

Can anyone advise me on the following:

 

1. Are there any sample letters for my defence that anyone can assist me with as I am very worried that I may get things wrong.

 

2. Is it worth paying the £2500 before the hearing if I am able?

 

3. I have been advised by National Debtline that there is a hybrid order.

 

This has confused me to no end as I can't find any info on such an order.

 

I really need to get my defence sent ASAP but I am so worried I don't know where to start.:???::Cry:

 

Assistance would be greatly appreciated.

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A creditor should only be able to apply for a charging order if you have defaulted on a CCJ ie not paid what you have been told by the court. I'm not sure where the standard defence stuff is but you should be able to defend on the basis that you haven't missed payments. I'm sure someone else will be along with more knowledge than me though!

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When the instalment order was granted, did the judge state that all other enforcement action would be stayed or did they allow leave for a charging order to be made as per the original hybrid order?

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I was in Court for less than 10 mins. Judge didn't mention anything apart from querying why such a strange amount for an instalment ie £67.29. I explained CCCS DMP and she agreed. When I originally approached the Court for the correct form for a redetermination hearing they sent me a form to complete. Nobody has mentioned hybrid orders until I spoke to DAL this week.

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Hybrid orders are tricky little blighters and I can guarantee they will become more and more commonplace over the next few months.

 

In essence, They will stay all action OTHER than the option to apply for a Charging Order (even if instalments are being met - unless otherwise directed by the judge in the re-determination). The arguments to try and stop a Charging Order being made on a standard instalment order may not work in this circumstance. The argument would be that the re-determination refers back to the original date of judgment and therefore wouldn't give jurisdiction for the granting of the interim order. Did the judge allow this or is the interim order still in place?

 

Certainly take a look at this factsheet as there is some useful info to consider, ESPECIALLY the fact that the creditor hasn't informed any of your other creditors of their intention.

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

I should really argue that whilst you are not in default the order should NOT be made final.

 

With regard to the £5,000 thing, COs can still be granted for amounts less than this.

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Many thanks for the advice. Please excuse my ignorance but I'm not sure I understand what you mean by -

"The argument would be that the re-determination refers back to the original date of judgment and therefore wouldn't give jurisdiction for the granting of the interim order. Did the judge allow this or is the interim order still in place?"

My understanding of your advice is that as the matter (in January) was re-determined and instalments were agreed by a judge in March. Therefore an interim order should not have been made as I have not defaulted on the instalments.

The interim order must still be in place as a judge considered the matter on 28.3.07 without hearing and court date for final order is 11th May. This info is on the Interim charging Order. I have no idea what documents were produced by HFC to enable them to get an interim order. I have even wondered if they have acknowledged the fact that the instalment order was made on 8th March as they applied for the IO on 23rd March. I was ordered to make the 1st payment within 28 days which was done by CCCS. Surely the judge must have been aware that there was an instalment order granted.

I’m even more worried now as I don't know how to approach my defence :Cry:

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  • 2 weeks later...

Court hearing today. HFC sent a solicitor who spoke to us before the hearing and tried to advise us that the final charging order would happen. We advised her of the re-deterimination hearing and instalment order. She was not aware of this order so made a quick call to HFC. I assume they told her to proceed. Strange we thought as we did file a defence with the copy of instament order attached.

 

We didn't have to argue our case. It was the same Judge that we had for the re-determnation hearing and she remembered that HFC didn't turn up just sent a letter. Judge made it clear - instament order being maintained - NO CHARGING ORDER. Solicitor tried to argue so Judge reminded her of Mercentile Credit Case. Case was dismissed.

 

We left the court but a short while later, as we walked up the High St. the Solicitor appeared behind us. She asked if we minded if she took a copy of the instalment order! My response - get one from the court. She stated that she couldn't get one. So I stated - request a copy from me in writing and left her to it.:D;)

 

Many thanks to all that provided us with invaluable advice and support. V. much appreciated.

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Court hearing today. HFC sent a solicitor who spoke to us before the hearing and tried to advise us that the final charging order would happen. We advised her of the re-deterimination hearing and instalment order. She was not aware of this order so made a quick call to HFC. I assume they told her to proceed. Strange we thought as we did file a defence with the copy of instament order attached.

 

 

We didn't have to argue our case. It was the same Judge that we had for the re-determnation hearing and she remembered that HFC didn't turn up just sent a letter. Judge made it clear - instament order being maintained - NO CHARGING ORDER. Solicitor tried to argue so Judge reminded her of Mercentile Credit Case. Case was dismissed.

 

 

We left the court but a short while later, as we walked up the High St. the Solicitor appeared behind us. She asked if we minded if she took a copy of the instalment order! My response - get one from the court. She stated that she couldn't get one. So I stated - request a copy from me in writing and left her to it.:D;)

 

Many thanks to all that provided us with invaluable advice and support. V. much appreciated.

 

Hi,

 

 

Fantastic news!!!

 

Did you need to mention the Mercantile defence yourself, or did the judge automatically refer to this case?

 

I like your response to the solicitor!!!:)

 

 

Regards, Jeff.

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I didn't need to mention a thing. Judge appeared to be irritated by the whole saga. Same Solicitor for the case after mine.They were out in less than a minute with smiles on their faces too. I guess the solicitor didn't earn much dosh today!!! :rolleyes::D

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