Interim charging order

[dizzydizzy]

Hi
.
I have a credit card debt with MBNA of £1800

In July I received forms from Northants County Court regarding a judgement.
I filled in the form detailing my circumstances and returned it to Optima Legal Services. I didn't hear any more until a notice that said the matter had been transferred to my local county court. I contacted CCS who I have a debt management plan which includes this debt. They told me that I should have received something from Northants CC but as the matter has now been transferred it looked like that MBNA were going for a charging order which has now happened. My husband has also received this as he is a joint owner of our home. I am absolutely distraught and don't know what the consequences of this will be. I have two other credit card debts being handled on the debt management plan and having heared anything from the companies since the debt management plan has been in place. Can anyone help please. My hearing is on 16 November.

[Amethyst]

Re: Interim charging order

Please try not to worry. A charging order is not unusual and MBNA seem to rather like going for them. The form should really have been returned to the court and copied to the solicitor - but I expect Optima told you to return it to them. I presume the form you completed was the admission and offer to pay, with your Income and Expenditure details.

From the court you should have a 'general form of order or judgment' which will tell you what the courts rubberstamping judgment says - if it says a forthwith payment or installments.

Do you have this ?


We can then look at asking to court to redetermine to installments and defend the application for a charging order.

Have you had anything from the land registry about the interim order ? Its not final yet so you can still oppose it and get the debt judgmented to pay by monthly installments.

Can you also give us a bit of the background to the debt - and CCCS - have you been paying MBNA under the CCCS DMP for long ?

Don;t worry, the problems arent insurmountable, and a charging order, if they obtain one, simply means if you stop paying them installments ordered by the court they can ASK the court for a sale order, if its your main residence its unlikely, very unlikely, they would get one. Otherwise it will just sit on your house until its either sold or the debt is paid off.

We'll do a witness statement to send to court 7 days before the hearing and defend the final CO, but we will need to go through your circumstances and the info surrounding this debt first.


Heres a factsheet on charging orders which should help you get to grips with the reality of them http://www.insolvencyhelpline.co.uk/...unty_court.pdf

(If it helps I have a CO on my property and when it happened I was absolutely devastated and terrified, but in reality its had no effect on me at all and I have just continued my CCCS DMP with the same figures (£6k debt - pay £62 a month) - and its been nearly 4 years.)

[dizzydizzy]

Re: Interim charging order

Thank you so much. You have put my mind at rest. I will go through my papers and get back to you tomorrow.

Kind regards

[dizzydizzy]

Re: Interim charging order

Hi Amethyst

I started by DMP with CCS in July. They informed me that MBNA had refused to accept the monthly amount CCS offered.

I then received a Judgement for Claimant from Northampton County Court dated 25th July which was received by me on I think about the 28th July. I returned the Admission form detailing my income/expenditure on 7th August and returned this to Optima Legal Services as directed. I thought I had done this within the specified time. The next item of correspondence I received was a Notice of Transfer of Proceedings dated 3rd August which I received on 8th August the day I sent my admission form to Optima. This told me that the claim had been transferred to Chester for enforcement. I then contacted CCS who told me that I should have received something from Northampton stating a monthly amount to be paid. I have not received a General Order from the Court.

On 10th September I received notice from Chester CC that an application for a charging order had been made and that I am to attend a hearing on 16th November. My partner received a copy of the same correspondence asking him as joint owner if he wanted to make objection to their application. Is the best thing to do? On 11th September we both received notices from the Land Registry of MBNA's intention.

I have accumulated 3 credit card debts and an overdraft totalling approx £8K. There are a number of factors not least of all that I am hopeless at managing money. I haven't had an increase in salary for nearly 3 years. My partner had a prolonged period off work with half pay and to top it all I had a £2,500 overdraft with Halifax. In December 09 they just removed the overdraft facility from my account and told me I had to pay £1600 immediately. They took all my salary that month. I contacted them and they reinstated £1600 and put the overdraft back to £2500 on my agreement to reduce this over 6 months to £1600. This left me with no money to meet my credit card debts. I thought that once I reduced the overdraft to £1600 Halifax would give me some breating space but they did not. Halifax then said that the rest of the overdraft had to be cleared immediately. I contacted them and they said if not immediately then at £150 per month. I was told that I wouldn't get another current account with any bank which of course is untrue. I have now opened a current account with another bank and my DMP payment is made from that account. I have only been with CCS for 3 months. The overdraft with Halifax of approx is £1300 is part of my DMP.

I hope this is information is enough for you to get a better picture of my situation and once again may I thank you for your assistance.

Kind regards

[Amethyst]

Re: Interim charging order

Hiya,

Okay you need to contact Chester County Court and ask for a copy of the original judgment as you havent had it. You'll need to give them your claim reference number which will be at the top of the notification from the court of the hearing.

You did indeed respond within the allotted time to the claim form, however it is doubtful that Optima actually passed it on to the court, thus judgment in default was given.

Give Chester a call tomorrow, if they can't help then contact Northampton Bulk Processing Centre - you can find all the contact details on the HMCS site.

Once we have that we can decide whether to apply for a set-aside, redetermination or simply defend the charging order application being finalised.

Do you have the original credit agreement from when you took out the card ? (if not we can ask for it) Also, do you have the default notice and preaction letters from MBNA ? (again if not we can get them) We can also ask for details of late payment charges etc and any Payment Protection Insurance you may have had on the card ?

If you have the original claim form still, if you could type up the part written in 'Particulars of Claim' (exclude your account number/name) that would be of help.

Ame
xx

[dizzydizzy]

Re: Interim charging order

Hiya,

Okay you need to contact Chester County Court and ask for a copy of the original judgment as you havent had it. You'll need to give them your claim reference number which will be at the top of the notification from the court of the hearing.

You did indeed respond within the allotted time to the claim form, however it is doubtful that Optima actually passed it on to the court, thus judgment in default was given.

Give Chester a call tomorrow, if they can't help then contact Northampton Bulk Processing Centre - you can find all the contact details on the HMCS site.

Once we have that we can decide whether to apply for a set-aside, redetermination or simply defend the charging order application being finalised.

Do you have the original credit agreement from when you took out the card ? (if not we can ask for it) Also, do you have the default notice and preaction letters from MBNA ? (again if not we can get them) We can also ask for details of late payment charges etc and any Payment Protection Insurance you may have had on the card ?

If you have the original claim form still, if you could type up the part written in 'Particulars of Claim' (exclude your account number/name) that would be of help.

Ame
xx

Sorry for delay in responding to you. I am still waiting for a copy of the original judgement. I'm afraid I have buried my head in the sand and don't have any of the documents from MBNA that you mention. How do I get copies?

The particulars of claim are

1.The claimant's claim is in respecf of a credit agreement regulated by the CCA 1974 made between the claimant and the defendant, whereby the claimant provided the defendant with a credit card and in return the defendant agreed to pay at least the min monthly payment requested in each statement.
2. The defendant failed to make the minimum payments as required and is therefore in breach of the said agreement.
3. A default notice was served on the defendant,m which expired on 1.6.10 and the defendant has\ failed to comply with the terms therein. A further demand for payment has been ma\de howevr the sum due remains outstanding. The claimant's claim is therefore teh princiipal sum inclusive of accrued interest which as at [blank space] stands at £1661.57 plus costs.
4. The claimant has complied with sections III and IV of the Practice Direction on Pre-action conduct.

I will be in touch when I get a copy of the judgement which I will be chasing up with Northampton tomorrow.

Many thanks

[Amethyst]

Re: Interim charging order

Since getting the judgment etc have the payments continued via CCCS ?

We'll sort out this Charging Order first and make sure you have an installment order thats affordable. The hearing will be for finalising the charging order as the papers you will have got from the land registry will be the interim order papers. I think thats the priority then we can look at what Halifax did with your overdraft and your other debts. Keep up with the CCCS payments as at least its under control in some respect then.

Shout when you have the judgment, main thing is whether its an installment or forthwith order then we know what needs doing.

[dizzydizzy]

Re: Interim charging order

Since getting the judgment etc have the payments continued via CCCS ?

We'll sort out this Charging Order first and make sure you have an installment order thats affordable. The hearing will be for finalising the charging order as the papers you will have got from the land registry will be the interim order papers. I think thats the priority then we can look at what Halifax did with your overdraft and your other debts. Keep up with the CCCS payments as at least its under control in some respect then.

Shout when you have the judgment, main thing is whether its an installment or forthwith order then we know what needs doing.

Hi

Yes I have been keeping up with my CCS payments so something is being paid monthly to MBNA. Wil let you know when I get a copy of the judgement. Thans again.

[Amethyst]

Re: Interim charging order

Excellent

[paulb2905]

Re: Interim charging order

This may be useful information regarding the charging order also - its worth a read!!!

[dizzydizzy]

Re: Interim charging order

Since getting the judgment etc have the payments continued via CCCS ?

We'll sort out this Charging Order first and make sure you have an installment order thats affordable. The hearing will be for finalising the charging order as the papers you will have got from the land registry will be the interim order papers. I think thats the priority then we can look at what Halifax did with your overdraft and your other debts. Keep up with the CCCS payments as at least its under control in some respect then.

Shout when you have the judgment, main thing is whether its an installment or forthwith order then we know what needs doing.

Hi

Despite having written and phoned both Chester and Northampton I still have not received a copy of the judgement. Is there anything else I can do to get a copy?

Regards

[dizzydizzy]

Re: Interim charging order

Hi

Despite having written and phoned both Chester and Northampton I still have not received a copy of the judgement. Is there anything else I can do to get a copy?

Regards

Amethyst

Hope all is well. Are you able to help me on this?

Many thanks

[florian1]

Re: Interim charging order

Hi there all. I'm new to this forum and I'm in pretty much the same boat with MBNA/restons. I've got a DMP being managed by Payplan and out of the blue the only creditor that did not accept my instalments was Restons. I now have a redetermination Hearing this Thursday in my local court to defend against a Northampton judgement to pay all the £16000 immediately or by instalemtns of £900+ per month! I just can't do it and need any7 advice on how to present myself in court on Thursday.
Any help out there.
Thanks, florian1

[Amethyst]

Re: Interim charging order

Hi florian,

You will need a full income and expenditure statement (you can get one from link in blue bar top of this forum, I recommend the CFS sheet as it is all encompassing) and a witness statement outlining your offer to pay by installments.

You will probably get a charging order over your home as security for the debt, but it won't go any further than that if you keep up installments at a rate you can afford (which will show on your IE sheet)

How did they get installments of £900 a month on this judgment ? Did you defend/make an offer at all to the court, or did it go to default judgment ?

Did payplan do the application for redetermination for you ? Do you have a copy ?

Ame
xx