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Interim Charging Order/CCJ

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  • #1

    Interim Charging Order/CCJ

    Hi, I hope you can advise me on this?

    I have received an Interim Charging Order letter (attached) from a CCJ received in 2015.

    It is from MFS Portfolio. Is it correct that the DM's licence only appears to cover them when chasing high worth/commercial debt and not individuals. Could I challenge the original CCJ on this basis?

    I missed the court's timeline on the original CCJ application. Is there anything I can do?

    Thanks in advance, Scott
    Last edited by pt2537; 11th August 2017, 21:35:PM. Reason: removed item with personal detail on it
    Tags: None
  • #2
    Re: Interim Charging Order/CCJ

    Originally posted by ScottyCooper View Post
    Hi, I hope you can advise me on this?

    I have received an Interim Charging Order letter (attached) from a CCJ received in 2015.

    It is from MFS Portfolio. Is it correct that the DM's licence only appears to cover them when chasing high worth/commercial debt and not individuals. Could I challenge the original CCJ on this basis?

    I missed the court's timeline on the original CCJ application. Is there anything I can do?

    Thanks in advance, Scott
    Can anyone advise please?

    Comment

    • #3
      Re: Interim Charging Order/CCJ

      Originally posted by ScottyCooper View Post
      Can anyone advise please?
      Anyone????

      Comment

      • #4
        Re: Interim Charging Order/CCJ

        I'm guessing this forum isn't operational then?

        Not a single response to my question!!!

        Comment

        • #5
          Re: Interim Charging Order/CCJ

          Ahhh I'll move you down to the court forum so your thread gets seen ....
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment

          • #6
            Re: Interim Charging Order/CCJ

            Done, having a read now
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment

            • #7
              Re: Interim Charging Order/CCJ

              Ok.

              When you say you missed the courts timeline do you mean MFS were awarded a judgment by default?

              What is the original debt ? ( loan / credit card etc?)

              Did you receive the judgment order and was that for forthwith or instalments?
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment

              • #8
                Re: Interim Charging Order/CCJ

                Originally posted by Amethyst View Post
                Ok.

                When you say you missed the courts timeline do you mean MFS were awarded a judgment by default?

                What is the original debt ? ( loan / credit card etc?)

                Did you receive the judgment order and was that for forthwith or instalments?
                Thank you for responding.

                Yes, a default judgement was awarded to MFS.

                The debt is for 2 credit cards.

                I have received the judgement and have been paying by installments
                • 1 thank

                Comment

                • #9
                  Re: Interim Charging Order/CCJ

                  Of a £50 a month instalments ordered by the court, or did you negotiate instalments directly with MFS portfolio?

                  Have you missed any instalments ?

                  On the FCA license issue, it looks like their license was cancelled. That wouldn't affect enforcement of a CCJ though.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment

                  • #10
                    Re: Interim Charging Order/CCJ

                    I am actually paying £75 per month and haven't missed a payment. I agreed this with MFS directly.

                    Comment

                    • #11
                      Re: Interim Charging Order/CCJ

                      Point 4 in that Interim Charging Order appears to suggest that unless you file and serve an objection to the continuation of the Order (dated 20th June) within 28 days of service of the Order then the DJ will consider, without a hearing, whether the charge created by that Order should be made final (i.e. a Final Charging Order).

                      Is your home/property in joint names?

                      It's up to you, but perhaps you need to take legal advice on whether you should file an objection giving your reasons which will probably lead to a hearing where you can contest a Final Charging Order or in the very least attempt to have conditions included in any Final Charging Order such as no Order for Sale without return to the court etc.

                      Or better still a Suspended Charging Order on condition you don't breach the terms agreed.


                      Originally posted by Amethyst View Post
                      On the FCA license issue, it looks like their license was cancelled. That wouldn't affect enforcement of a CCJ though.
                      Unless it was subsequently found that the Claimant had no legal right to obtain the CCJ at the time they did.

                      Di

                      Comment

                      • #12
                        Re: Interim Charging Order/CCJ

                        Originally posted by ScottyCooper View Post
                        I have received an Interim Charging Order letter (attached)
                        The claim number and your real name are on that Interim Charging Order.

                        I have reported it Admin in order to protect your identity, but if you can remove and redact the attachment that would be a good idea.

                        Di

                        Comment

                        • #13
                          Re: Interim Charging Order/CCJ

                          Originally posted by Diana M View Post
                          Point 4 in that Interim Charging Order appears to suggest that unless you file and serve an objection to the continuation of the Order (dated 20th June) within 28 days of service of the Order then the DJ will consider, without a hearing, whether the charge created by that Order should be made final (i.e. a Final Charging Order).

                          Is your home/property in joint names?

                          It's up to you, but perhaps you need to take legal advice on whether you should file an objection giving your reasons which will probably lead to a hearing where you can contest a Final Charging Order or in the very least attempt to have conditions included in any Final Charging Order such as no Order for Sale without return to the court etc.

                          Or better still a Suspended Charging Order on condition you don't breach the terms agreed.




                          Unless it was subsequently found that the Claimant had no legal right to obtain the CCJ at the time they did.

                          Di
                          I have attached the link to my original point about high net worth individuals which I am certainly not:

                          http://www.legislation.gov.uk/uksi/2...chedule/5/made

                          this is why I feel I can challenge the CCJ because of this fact.

                          please advise

                          Comment

                          • #14
                            Re: Interim Charging Order/CCJ

                            Originally posted by ScottyCooper View Post
                            I have attached the link to my original point about high net worth individuals which I am certainly not:

                            http://www.legislation.gov.uk/uksi/2...chedule/5/made

                            this is why I feel I can challenge the CCJ because of this fact.

                            please advise
                            I thought this was an advice & support forum?

                            Its probably too late for me to challenge this now but you never know.

                            Any suggestions?
                            • 1 thank

                            Comment

                            • #15
                              Re: Interim Charging Order/CCJ

                              Originally posted by ScottyCooper View Post
                              I thought this was an advice & support forum?

                              Its probably too late for me to challenge this now but you never know.

                              Any suggestions?
                              Im afraid that these forums are designed to be self help forums, yes people do give up their spare time to advise and help but im afraid that there are far more people needing help than can be managed with a limited number of helpers.

                              Di did advise you to seek legal advice, have you spoken to the CAB or a Law Centre? Or even Shelter have legal advisors who may well be able to help you with your enquiries
                              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Pt@roachpittis.co.uk .

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.
                              • 1 thank

                              Comment

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