Attachment of Earnings

[Chequers64]

Greetings Legal Beagles

I wonder if any of your enlightened members can help me on how to proceed with the following;

I defaulted on a debt to HSBC back in 2001 after a messy and expensive divorce and was making token payments towards the debt to Marlins and then I think it was MCE but this was quite a few years ago now. I subsequently discovered that Mortimer Clarke have a charging order on a rental property that I own but don't currently live at.
Mortimer Clarke are now chasing me through Southampton Court with an order for attachement of earnings and I am trying my best to avoid this under following process;

I have asked them formally to produce a copy of the original Credit Agreement which they have responded to and said that they don't have it and will suspend all further action while they ask their clients (presumably MCE?) to produce the documents.

My question is in 2 parts;

I have enquired and cannot find that any CCJ was ever issued to me over this debt so want know whether MCE or Mortimer Clarke should have been able to get a charging order issued?

As i haven't made any admission of or payment towards this debt in at least 6 years now, can I get it issued as Statute Barred even though they have the charging order on the property.

Many thanks for your help in this matter guys.

[Amethyst]

Re: Attachment of Earnings

To have a charging order, unless you volunteered it, there must be a CCJ. There should also have been an interim charging order which would have produced a letter from the land registry to the property, then a final charging order hearing. Have you checked trust online at all? Have you asked Mortimer Clarke to send you more details on the CCJ and charging order? After a CCJ is awarded the CCA s.77/78 ceases to apply so that route may not be of much help with a CCJ and charging order already in place. The paperwork from Southampton court does need dealing with, don't rely on MC putting it on hold, if you don't want an AoE you must respond to the court or come to an arrangement with the judgment holder.

[Debt Camel]

Re: Attachment of Earnings

Doesn't an application for an attachment of earnings have a bit where the claimant has to put in details of the judgment?

[Chequers64]

Re: Attachment of Earnings

Good Afternoon Amethyst,

Thanks for the pointer and I have checked now on Trust Online and there are no Orders or Judgements against me at that or my previous address which would date back to 2006 so I am now writing to Mortimer Clarke to ask them to provide me with details of any judgements or Interim orders they may claim to have against me.
It also seems a little dubious that the Charging order was served at the property without me being present - should it not have been sent registered delivery? I have replied to the attachment order but did not complete it fully as I explained on the form that I did not want to have my Employers contacted because I am now a senior account manager and this would jeapardise my career prospects, so I now have a hearing date in Januray where I supsect I'm going to get a big rollicking! However I have kept the court up to date with the correspondence that I've had with Mortimer Clarke.
Once again thanks for the response and I will update when M C respond to me.

Regards

Chequers64

[Chequers64]

Re: Attachment of Earnings

Hi There Debt Camel,

There are several reference numbers quoted on the order but these all relate to the property charging order and not, as far as I can see, any Court Judgement.

Does that help?

Regards

Chequers64

[Debt Camel]

Re: Attachment of Earnings

that sounds odd...

[Amethyst]

Re: Attachment of Earnings

Would you be able to scan the document you have or photo it and either send it to me or post it up ( admin@legalbeagles.info ) - if posting it up you MUST remove your personal details first.

How much approx was the debt with HSBC? It wasn't secured on the property at all was it ?
How did you discover they have a charging order ? Have you checked with the landregistry for charges?

[Debt Camel]

Re: Attachment of Earnings

I now have a hearing date in Januray where I supsect I'm going to get a big rollicking!

January is a long way off.

If you turn up in court with a copy of your letter to MC asking for details of the CCJ and say you haven't yet had a reply after 6+ weeks, it is more likely to be them that get a rollicking!

[Chequers64]

Re: Attachment of Earnings

Hi There Debt Camel

Well I have had a response from MCE that just gives details of the interim and final charging order but they claim that the CCJ will have expired after 6 years, which I know is the case but I have asked them again to produce details of the original CCJ as they must of had it to be able to get the judge to grant the charging order unless they were being sneaky and fabricated something to get the charging order (oops did I say that out loud?!) also the Interim charging order claims that the CCJ was given on 07/05/2008 and they then applied for the interim charging order on 23/06/2008, which is only six weeks apart so I have asked them what steps they took to recover the debt in those 6 weeks as I'm unsure how they could have been issued a charging order so soon after a CCJ?

I have written to the local authority to get Electoral role details for myself in Hampshire for 2008 because as the property was a rental I wasn't actually resident at the property where they claim the CCJ was issued against me.

I have also written to the original court who allegedly issued the CCJ and charging order to ask if they can produce the supporting documentation that MCE would have submitted with the application for the interim order.

MCE still haven't produced the original Credit agreement from their 'Clients' and it has been over 7 weeks since I requested it. Is it absolutely definitive that they can't enforce any action without it? I have now asked them to produce any Deeds of assignment or instruments of Novation that prove that the debt was passed with due process between Pheoenix / Marlin and themselves.

Is there anything else I should be doing here?

Regards
Colin

[Kati]

Re: Attachment of Earnings

:bump: for [MENTION=48934]Debt Camel[/MENTION] xx

[nemesis45]

Re: Attachment of Earnings

Hi There Debt Camel

Well I have had a response from MCE that just gives details of the interim and final charging order but they claim that the CCJ will have expired after 6 years, which I know is the case but I have asked them again to produce details of the original CCJ as they must of had it to be able to get the judge to grant the charging order unless they were being sneaky and fabricated something to get the charging order (oops did I say that out loud?!) also the Interim charging order claims that the CCJ was given on 07/05/2008 and they then applied for the interim charging order on 23/06/2008, which is only six weeks apart so I have asked them what steps they took to recover the debt in those 6 weeks as I'm unsure how they could have been issued a charging order so soon after a CCJ?

I have written to the local authority to get Electoral role details for myself in Hampshire for 2008 because as the property was a rental I wasn't actually resident at the property where they claim the CCJ was issued against me.

I have also written to the original court who allegedly issued the CCJ and charging order to ask if they can produce the supporting documentation that MCE would have submitted with the application for the interim order.

MCE still haven't produced the original Credit agreement from their 'Clients' and it has been over 7 weeks since I requested it. Is it absolutely definitive that they can't enforce any action without it? I have now asked them to produce any Deeds of assignment or instruments of Novation that prove that the debt was passed with due process between Pheoenix / Marlin and themselves.

Is there anything else I should be doing here?

Regards
Colin

Hello Colin,
The debt cannot be enforced in court without the agreement, this is very much open ended if the compliant agreement
is found they can enforce.

The Deed of Assignment etc., are considered confidential commercially sensitive documents and I suspect your request will be denied.

As debts are sold in massive portfolios not as individual debts the Deed contains reference to other parties and even if it was produced it will
be redacted in the extreme.

nem

[Chequers64]

Re: Attachment of Earnings

Hi Nem,

Thanks for that, isn't there an onus on the DCA to prove that due process has been followed when the debt was sold on? how do I go about checking that?

Regards

Colin

[nemesis45]

Re: Attachment of Earnings

Hi Nem,

Thanks for that, isn't there an onus on the DCA to prove that due process has been followed when the debt was sold on? how do I go about checking that?

Regards

Colin

You would have been provided with Notices of Assignment by the creditor and or the debt purchaser/dca.

The sale and purchase of debts as said in in bulk portfolio lots not as individual debts.
The process is via the Law of Property Act 1925. I have not known any cases where the
assignment of a debts has been irregular/unlawful for many years.

A Charging Order can be applied for immediately after judgement.
A Subject Access Request to the original creditor may well provide a copy
of the NOA and or the date it was sent.

NOA's are not required to be archived has hard copy a note on the debtors file is all that is needed.

Copies of Claim Forms: A vast majority of money claims are processed electronically via the
Northampton County Court Business Centre often the only hard copy is the one posted to the defendant.

[wales01man]

Re: Attachment of Earnings

To get a charging order the Claimant must have produced proof of a CCJ to a Judge so its done trying to get any info about CCJ or Charging order would prove difficult you should have received paoerwork the Claimant will say it was sent.