MKDP/Barclaycard

[azureblue]

My wife and I have recently been served a copy of an interim charging order from the county court at King’s Lynn. We have also received a ‘Notice to a registered proprietor of an application to register a restriction against the land’ from the Land Registry Office.

The charging order relates to a CCJ secured against my wife in July 2013 by MKDP for a very old Barclaycard account (I am guessing at 20yrs old, I know I know easy win, but only if you know how!). At the time the claim was issued both my wife and I were experiencing serve financial and personal problems, they were very very dark times for us both. We were both undergoing treatment for anxiety/depression, my wife was on sick leave from her job, I was unemployed. You get the idea.

At the time of this particular claim due to our situation, illness and a lack of knowledge we did not make any attempt to defend this claim and the CCJ was obtained by default. We are both on our way to recovering from our illness and to some extent our dire financial situation. We have since learned that there is a lot you can do to defend these claims and the bully boy tactic’s used by DCA’s.

Anyway our lack of knowledge leaves us playing catch up with a number of claims but at present this is the most serious.

I have a few questions:

Why were we not notified of the hearing at King’s Lynn?

Is there a standard response when served with an interim charging order?

I need to send an objection to the Land Registry, one from each of us, again is there a standard response?

What are my chances of fighting this off?

What would be the chance of getting the CCJ overturned?

Can anyone help us with this?

[FlamingParrot]

Re: MKDP/Barclaycard

My wife and I have recently been served a copy of an interim charging order from the county court at King’s Lynn. We have also received a ‘Notice to a registered proprietor of an application to register a restriction against the land’ from the Land Registry Office.

The charging order relates to a CCJ secured against my wife in July 2013 by MKDP for a very old Barclaycard account (I am guessing at 20yrs old, I know I know easy win, but only if you know how!). At the time the claim was issued both my wife and I were experiencing serve financial and personal problems, they were very very dark times for us both. We were both undergoing treatment for anxiety/depression, my wife was on sick leave from her job, I was unemployed. You get the idea.

At the time of this particular claim due to our situation, illness and a lack of knowledge we did not make any attempt to defend this claim and the CCJ was obtained by default. We are both on our way to recovering from our illness and to some extent our dire financial situation. We have since learned that there is a lot you can do to defend these claims and the bully boy tactic’s used by DCA’s.

Anyway our lack of knowledge leaves us playing catch up with a number of claims but at present this is the most serious.

I have a few questions:

Why were we not notified of the hearing at King’s Lynn?

Because there wasn't one, interim charging orders are recorded without a hearing, an interim CO is not a CO as such, it's just intended to stop you from disposing of the property before the charging order is made final. There should be a hearing to decide whether the CO should be made final, have you not been notified?

https://www.justice.gov.uk/courts/pr...art73#IDABEYIC

Interim charging order
73.4
(1) An application for a charging order will initially be dealt with by a judge without a hearing.
(2) The judge may make an order (an ‘interim charging order’) –
(a) imposing a charge over the judgment debtor's interest in the asset to which the application relates; and
(b) fixing a hearing to consider whether to make a final charging order as provided by rule 73.8(2)(a).

Is there a standard response when served with an interim charging order?

No, there will be a hearing where your arguments will be heard, these arguments relate to your personal circumstances and can be objections (i.e. reasons not to make the order final) or conditions (i.e. not to apply for an order for sale as long as you are making payments, the family is living in the property, etc.)

I need to send an objection to the Land Registry, one from each of us, again is there a standard response?

The Land Registry does not decide whether to record an interim order or make the order final, it's just that, a registry, i.e. a property and land database. Any objections have to be put forward to the court.

What are my chances of fighting this off?

What would be the chance of getting the CCJ overturned?

Can anyone help us with this?

You could try to apply for set aside, however, it may be difficult with a CCJ dating from 2013, you would have to explain to the court why you didn't apply earlier and also have good arguments not to have defended the claim when it was issued. Did you receive the claim back in 2013?

[azureblue]

Re: MKDP/Barclaycard

Thank you for your reply.

There should be a hearing to decide whether the CO should be made final, have you not been notified?

Yes, interim charging order we were served state the hearing is on 6th July at Kings Lynn, can we apply to have this moved to a local court?

No, there will be a hearing where your arguments will be heard, these arguments relate to your personal circumstances and can be objections (i.e. reasons not to make the order final) or conditions (i.e. not to apply for an order for sale as long as you are making payments, the family is living in the property, etc.)

Ok, so I need to prepare prior to the hearing but there is nothing to file. Is there any history of final order not being granted?

The Land Registry does not decide whether to record an interim order or make the order final, it's just that, a registry, i.e. a property and land database. Any objections have to be put forward to the court.

I undererstand the role of the Land Registry. However in the correspondance received from the Land Registry asks for a response from us by the 22nd June. See attachment.

You could try to apply for set aside, however, it may be difficult with a CCJ dating from 2013, you would have to explain to the court why you didn't apply earlier and also have good arguments not to have defended the claim when it was issued. Did you receive the claim back in 2013?

Original Claim was june 2013.

[FlamingParrot]

Re: MKDP/Barclaycard

Yes, interim charging order we were served state the hearing is on 6th July at Kings Lynn, can we apply to have this moved to a local court?

Yes you can.

Ok, so I need to prepare prior to the hearing but there is nothing to file. Is there any history of final order not being granted?

Someone I know appeared at a CO hearing a couple of weeks ago and there were enough issues raised to deserve further exploration, the hearing was adjourned without a final decision being made at the time.

I undererstand the role of the Land Registry. However in the correspondance received from the Land Registry asks for a response from us by the 22nd June. See attachment.

Object to it. :thumb:

Original Claim was june 2013.

It sounds like you could have defended this claim and that could be grounds to apply for set aside. If the CCJ was set aside then there would be no basis for the charging order as a judgment is required.

Did you receive the claim form at the time? Have you made any payments? Were you aware that you had a CCJ or did you just find out when the Land Registry contacted you? Were you out of the country, leaving away from home, in hospital, etc.? All these issues are taken into account.

If you apply to have the judgment set aside they cannot proceed with the CO until that side of things has been decided so it may be worth looking into it to start with.

[azureblue]

Re: MKDP/Barclaycard

Thank you so much for your reply. I really appriciate your input.

Yes you can.

Do you know how I go about this. I presume there is a form to file with the court.

Someone I know appeared at a CO hearing a couple of weeks ago and there were enough issues raised to deserve further exploration, the hearing was adjourned without a final decision being made at the time.

Do you know what the issues raised were? Is there a thread on here you can point me in the direction of?

Object to it. :thumb:

I will prepare something today, I will post it later to see if anyone could cast an eye over it.

Did you receive the claim form at the time? Have you made any payments? Were you aware that you had a CCJ or did you just find out when the Land Registry contacted you? Were you out of the country, leaving away from home, in hospital, etc.? All these issues are taken into account.

Yes the claim form was received.
No we have made no payments, the whold amount was to be paid forthwith. £10200
Yes we were aware of the CCJ, had no contact from claimant since the judgement until we received this.
No Hospital/No Holiday/No living away from home
Just a very difficult battle waking up every morning wishing we were not here and everything would go away.

If you apply to have the judgment set aside they cannot proceed with the CO until that side of things has been decided so it may be worth looking into it to start with.

Again I presume there is a form I should be filing with the court do you know which?

Thanks again.

[Amethyst]

Re: MKDP/Barclaycard

To apply to set aside the judgment it would be from N244 and a cost of £155 ( unless fee exempt - see from EX160 ) although you would have to have not received the claim form to have any hope of getting the judgment set aside, so it isn't going to be straightforward by any means...you would also have to show you have a defence to the original claim. You'd also have to show you hand't known about the judgment until receiving the land reg/court notification of the charging order, as set aside requests need to be made promptly.
So defence wise do you know how long ago you last made a payment to / acknowledged this barclaycard debt ?
Send a CCA request off the the creditor too.


Otherwise it is going to be difficult to argue against the Charging Order. Presumably you had a forthwith judgment order from the court originally as the claim was won in default ? Have you had any contact with the claimant since then ?

Reasons you might be able to avoid the charging order are if your payment offer on the judgment is enough to have it paid off within a year, which is going to be unlikely really.

Your house is jointly owned ? not in negative equity ?

How many other creditors have you, other judgments ?, amounts ? any higher priority creditors ( council tax / hmrc etc ) ?

Charging Orders tend to sit on your property and you agree to make monthly affordable payments off the debt until you have either repaid the whole judgment debt or you sell you house and the claimant gets their cut from the proceeds of the sale.

[azureblue]

Re: MKDP/Barclaycard

Firstly, Thank you for taking the time to look at this for me. I am very grateful :-)

To apply to set aside the judgment it would be from N244 and a cost of £155 ( unless fee exempt - see from EX160 ) although you would have to have not received the claim form to have any hope of getting the judgment set aside, so it isn't going to be straightforward by any means...you would also have to show you have a defence to the original claim.

I am not put off by the fee, as long as there is some hope/ possibility of it getting set aside /sympathetic judge ( I can Hope)
We did receive it. :-(
Might mental illness be an acceptable reason?
I understand that if we received this today, we would have a good case. (20+ year old barclaycard)

So defence wise do you know how long ago you last made a payment to / acknowledged this barclaycard debt ?

Last payment/Acknowledgement was middle of 2012 through Gregory Pennington DMP

Send a CCA request off the the creditor too.

Original Creditor or MKDP?

Otherwise it is going to be difficult to argue against the Charging Order. Presumably you had a forthwith judgment order from the court originally as the claim was won in default ? Have you had any contact with the claimant since then ?

Yes, Judgement was forthwith.
No further contact.

Your house is jointly owned ? not in negative equity ?

Jointly owned
No equity (2 other creditors Mortgage/Second Loan)

Reasons you might be able to avoid the charging order are if your payment offer on the judgment is enough to have it paid off within a year, which is going to be unlikely really.

10,300 I dont think so.

How many other creditors have you, other judgments ?, amounts ? any higher priority creditors ( council tax / hmrc etc ) ?

About 20 other creditors, 20-25k total
4 Claims on the go.
Wife has 4 x CCJ, I have 1 x CCJ
CT/HMRC upto date.

Charging Orders tend to sit on your property and you agree to make monthly affordable payments off the debt until you have either repaid the whole judgment debt or you sell you house and the claimant gets their cut from the proceeds of the sale.

Any offer of payment is not really going to make a dent in the 10.3K owed.

[FlamingParrot]

Re: MKDP/Barclaycard

Do you know how I go about this. I presume there is a form to file with the court.

Yes, an N244. You will find some useful guidance about the process here:

• http://www.legalbeagles.info/forums/...ants-in-Person
• http://legalbeagles.info/library/how...-judgment-ccj/
• http://www.legalbeagles.info/forums/...lication-notes

Do you know what the issues raised were? Is there a thread on here you can point me in the direction of?

There's no thread as it's not someone who could post up on here. The issues raised referred mostly to the nature of the debt which is different from your case. In reality it can be difficult to avoid the order being made final, unless of course you managed to get the judgment set aside. No judgment = no order. :thumb: Even in the case I mentioned, the results were inconclusive.

One thing you could do is get some conditions attached to the order so as to avoid an order for sale being applied for in the future. You may want to look at this thread: http://www.legalbeagles.info/forums/showthread.php?49758-charging-order-hearing-in-need-of-some-advice/page3&highlight=charging+order

They also address the issue of the hearing being far away from the defendant's home.

Yes the claim form was received.
No we have made no payments, the whold amount was to be paid forthwith. £10200
Yes we were aware of the CCJ, had no contact from claimant since the judgement until we received this.
No Hospital/No Holiday/No living away from home
Just a very difficult battle waking up every morning wishing we were not here and everything would go away.

It's not looking very likely the court would agree to set aside the judgment in view of the above.

Most default judgments are forthwith, however, they can be varied to an affordable monthly instalment.

[FlamingParrot]

Re: MKDP/Barclaycard

I am not put off by the fee, as long as there is some hope/ possibility of it getting set aside /sympathetic judge ( I can Hope)
We did receive it. :-(
Might mental illness be an acceptable reason?

Could be in some cases but it would have to be backed with medical evidence.

I understand that if we received this today, we would have a good case. (20+ year old barclaycard)

The thing is, you, can't really say that you could successfully defend merely on the grounds that the card was taken over 20 years ago, especially if you did not dispute the debt in the past, did not send a CCA request and argue about missing terms, etc.

Last payment/Acknowledgement was middle of 2012 through Gregory Pennington DMP
Original Creditor or MKDP?

The CCA request would be sent to MKDP who would have to obtain the documents from Barclays, however, they could easily argue that, since they have obtained judgment, they no longer have a duty to respond.

Jointly owned
No equity (2 other creditors Mortgage/Second Loan)

If this was a sole debt and the property is jointly owned, they can only record a restriction. There is a difference between a restriction and a full charging order. A rather lengthy discussion on the subject can be found here: http://forums.moneysavingexpert.com/....php?t=1839539

[azureblue]

Re: MKDP/Barclaycard

Plenty to read and digest there. Thank you.