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  • #1

    Interim Charging Order/CCJ

    Hi,

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

    It is from MFS Portfolio. Does the DM's licence only only cover them when chasing high net 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
    Tags: None
    • 2 likes
  • #2
    Interim order attached
    • 1 like

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    • #3
      Can you say a little more about how the CCJ happened and why you missed the court deadline to see if a set-aside of the CCJ (Default Judgment) is an option.

      Di

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      • #4
        Thanks for responding Di.

        the original debt was for 2 x Credit cards from Bank of Scotland & Lloyds. I missed the deadline for my defence by a couple of days and the CCJ was awarded. Cabot, MFS Portfolio & Restons were all involved.
        • 1 like

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        • #5
          Originally posted by ScottyCoops View Post
          Interim order attached

          The judgment seems to have been issued 18 months ago. An application to set aside needs to be made promptly and the longer its left the harder it becomes without good reason such as you being out of the country or not receiving it because you had moved etc.

          If however they had served the claim form knowingly on the wrong address then it would have to be set aside.

          Is the house just in your name or is it in joint names?
          Legal Disclaimer
          I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.
          • 1 like

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          • #6
            Just to mention - the OC is clearly identified by name in more than one place on the attachment in post #2.

            Comment

            • #7
              Thanks have deleted the upload.
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              • #8
                I don't have a good reason for my late defence. Is there anything that can be done if you discover after the event that the claimant didn't have the right permissions to pursue the claim?

                I mentioned this on my original post.

                Many thanks, Scott

                Comment

                • #9
                  Originally posted by ScottyCoops View Post
                  Thanks for responding Di.

                  the original debt was for 2 x Credit cards from Bank of Scotland & Lloyds. I missed the deadline for my defence by a couple of days and the CCJ was awarded. Cabot, MFS Portfolio & Restons were all involved.
                  You may not have a good reason to get the CCJ set aside after all this time but could you just clarify who was the Claimant in the case. Was it Cabot Financial (UK) Ltd or Marlin Financial Services Portfolio (it looks like it was them according to you post)?

                  Your Interim Order attachment has been removed to protect your identity (your name was on it) so I can't see the details, but have you ever had any notice of a hearing relating to an application to make it a Final Charging Order?

                  As Jo has asked, is the property in your sole name or joint names?

                  Di
                  Last edited by Joanna Connolly Solicitors; 14 July 2017, 11:32. Reason: typo

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                  • #10
                    The original Claimant is MFS Portfolio supported by Restons Solicitors.

                    It is only myself named at the address.

                    I have received an Agreed Notice B132 from the HM Land Registry but no Charging Order

                    Thanks,

                    Scott

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                    • #11
                      Can anyone help???

                      Comment

                      • #12
                        You should get the date for the final CO hearing and can submit a defence, though I am not sure how successful you will be. Have you been making payments? If so were these agreed with the court?
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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                        • #13
                          I've been making agreed payments at £75 per month without fail.

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                          • #14
                            I've been making agreed payments at £75 per month without fail.

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                            • #15
                              I've been making agreed payments at £75 per month without fail.

                              Comment

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