Interim Charging Orderself as aware

[Gbendiran]

Hi All,

First of all, will like to say how awesome this site is as it brings hope, where previously there was hopelessness.

We have an issue we are dealing with at the moment that requires expert insights like we have in this site. We are currently based in Sydney, Australia and over the weekend, we received a notification of an interim Charging Order that we were not aware of exited before based on a court judgement we did not know even existed and that a final court hearing was scheduled for Monday in order to draw a final charge against our property. We immediately sort for what to do and found out that we can use form N244 to request that the case be moved to our local county court and also challenge the judgement it'self as we were not aware of the case nor were we even in the country. We prepared the form N244 over the weekend and sent through on Monday morning, called the court and paid the fees and it was honored. The case now has been moved to our local county court and we are yet to know exactly the dates of court hearing.

My questions now are

1) What should we be doing now, while waiting for the court hearing date.
2) In view of our current location should we be looking for a solicitor to represent us or Should we insist on telephonic court hearing instead, due to current location.
3) We still are not sure what credit card company is this as it mentions Cabot, but we can not recollect opening an account with Cabot nor what makes up what in the amount being charged for.
4) it mentions MFS Portfolio as the claimant and Reston as their lawyers. What is the best method to contact these companies given our current location while still wanting it documented. Will email work and will they respond to our emails. What should the content be. Kindly note that we have proofs to show our current location.

We will appreciate your feedbacks that could help as this is really beginning to take it's toll on the whole family.

Much appreciated.

[wales01man]

Re: Interim Charging Orderself as aware

do you own property in England or wales

[Gbendiran]

Re: Interim Charging Orderself as aware

Yes, we do which is where they are attempting to charge the order against.

[Gbendiran]

Re: Interim Charging Orderself as aware

Hi All,

Could someone please advice on these questions please, that in view of current location being overseas if we put through an email to Reston solicitors to request for both CCA and CPR 31.14 sent to our overseas address, will they honor it. Or should we request for them to send it to our local property address in the UK they hold on file for us. The problem here is that we are not in the UK at the moment which forms the basis on which we filed formN244 to the court. How will this affect our case if we request for them to send it to our property address in the UK and yet at the same time claiming we did not receive all the documentations they sent us previously. We appreciate your responses, as this is urgent. Can we also use email in the first instance to communicate with them particularly when we are not in the UK at the moment, but the property is in the UK.

[Kati]

Re: Interim Charging Orderself as aware

:bump: for [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Interim Charging Orderself as aware

Hi All,

Could someone please advice on these questions please, that in view of current location being overseas if we put through an email to Reston solicitors to request for both CCA and CPR 31.14 sent to our overseas address, will they honor it. Or should we request for them to send it to our local property address in the UK they hold on file for us. The problem here is that we are not in the UK at the moment which forms the basis on which we filed formN244 to the court. How will this affect our case if we request for them to send it to our property address in the UK and yet at the same time claiming we did not receive all the documentations they sent us previously. We appreciate your responses, as this is urgent. Can we also use email in the first instance to communicate with them particularly when we are not in the UK at the moment, but the property is in the UK.

Good afternoon,
A CCA requires a statutory fee of £1 BW Reston is more likely to decline the request is it's not paid.

Cabot & MFS are parts of the Cabot Financial Management Group debt purchasers which has purchased your debt in a portfolio of delinquent accounts.
The problem is that once a judgement is in place it supersedes the original agreement/contract and Cabot has no obligation to produce any documents.

Have you actually filed an application for set aside including the court fee?

nem

You mention a credit card earlier how much is owed?

[Gbendiran]

Re: Interim Charging Orderself as aware

Hi Nemesis45,

Thanks for your mail, yes we have filled in form N244 and paid the required court fees over the phone. We requested the court to move the case to the local county court where the property is situated And also to set aside both the original judgement and the interim charge order as we were not in the country nor did we get any mails about this case. The last time we checked they confirmed that the case did not go ahead, moved the case to the nominated county court requested and the interim charge order put on hold pending the court hearing in the new nominated county court, but we are yet to have the dates for the new hearing.

Any advice and insight moving forward will be greatly appreciated as the concern we have is that we are not on ground nor are we legally inclined, but feel we are on safe hands in this forum and site. We are also open to good recommended solicitor that can work with us on a fixed fee basis. The claim is on credit card amount that is about 12,000 pounds debt which we are not sure which financial institution this is as we do it have any credit card with Cabot or MFS. Pls help...

[nemesis45]

Re: Interim Charging Orderself as aware

Hi Nemesis45,

Thanks for your mail, yes we have filled in form N244 and paid the required court fees over the phone. We requested the court to move the case to the local county court where the property is situated And also to set aside both the original judgement and the interim charge order as we were not in the country nor did we get any mails about this case. The last time we checked they confirmed that the case did not go ahead, moved the case to the nominated county court requested and the interim charge order put on hold pending the court hearing in the new nominated county court, but we are yet to have the dates for the new hearing.

Any advice and insight moving forward will be greatly appreciated as the concern we have is that we are not on ground nor are we legally inclined, but feel we are on safe hands in this forum and site. We are also open to good recommended solicitor that can work with us on a fixed fee basis. The claim is on credit card amount that is about 12,000 pounds debt which we are not sure which financial institution this is as we do it have any credit card with Cabot or MFS. Pls help...

Cabot and MFS are companies in a group of debt purchasers and debt collectors they do not issue credit cards or give and other type of credit, they will have bought the debt from the original credit providers
for example Barclaycard, MBNA, Capital One.

e-mail Restons ask one question i.e the name of the original creditor,

nem

[Gbendiran]

Re: Interim Charging Orderself as aware

Thanks Nem, that's why we feel the need to send them CCA for them to provide a copy of the original consumer credit agreement so we can make sense of all this claim. We paid the 1.00 pound and yet to hear back from them. Although we needed to send it by email as not on ground. What do you think Nem? What else do you think we should do at this stage? Should we follow up with a CPR 31.14?

[nemesis45]

Re: Interim Charging Orderself as aware

Thanks Nem, that's why we feel the need to send them CCA for them to provide a copy of the original consumer credit agreement so we can make sense of all this claim. We paid the 1.00 pound and yet to hear back from them. Although we needed to send it by email as not on ground. What do you think Nem? What else do you think we should do at this stage? Should we follow up with a CPR 31.14?

A CCA request is no longer appropriate none of the companies involved are obliged to supply the CCA request as it has been superseded by the judgement, one would expect a reply along those lines

As said e-mail Restons and ask the name of the original creditor.

[Gbendiran]

Re: Interim Charging Orderself as aware

Will do so straightaway and while we are waiting for their reply anything else you think we should do next. We have been in touch with the new county court this morning and still don't have a date for the new hearing yet.

[nemesis45]

Re: Interim Charging Orderself as aware

Will do so straightaway and while we are waiting for their reply anything else you think we should do next. We have been in touch with the new county court this morning and still don't have a date for the new hearing yet.

Prepare all your evidence for your witness statement for the set aside.
nem

[Gbendiran]

Re: Interim Charging Orderself as aware

Request to Reston sent, just to be clear this new witness statement is different from the one in form N244. Will this be sent to the court along side my defense before the new court hearing date. Pls help clarify as we are trying to understand the process clearer.