Charging Order Where Can I Find Case Law Info

sickofdebt_2

I'm trying to find information on the case Mercantile Credit co Ltd V's Ellis. I'm about to do battle with the RBS over a charging order they want to put on my house & I keep seeing references to this case as to why, if you ar not behind with repayments, (which I'm not) they shouldnt be allowed to proceed.

Basically the first standing order didnt go out as planned so I paid in cash over the counter at an RBS branch. They have not accounted for this payment & have applied for a charging order.
Last week I spoke to their solicitors & I sent copies of the receipts I had from the branch & asked them to stop the request. He has come back to me & said that even though I'm up to date etc they have paid for their day in court & still want to go ahead. I can honetly say I was a bit gobsmacked by the attitude.
I have drafted a letter of opposition to send to the court & to the RBS but so far I can only put a reference to the case name. Ideally I could do with a copy of the judgement to enclose as well.

Also I have had enough of these clowns at the RBS & have been in touch with the financial services ombudsman. As I see it they are breaking the banking code by causing undue stress with the level of harrasment I'm getting off them.

I worked it out the other day (to be icluded in my letter to the court) that I pay the RBS approximately 75% of my take home pay with payments for the mortgage & the loan repayment. I am the sole earner in my house & I honestly do not know how much more they can bleed me dry.

Any words of advice are most welcome.

aussielle

Maybe this fact sheet will help

scottishsuz

I found this info about the case on an educational database. I might not be available electronically.

Not sure if this will help you or not, good luck,

Suz


FOR EDUCATIONAL USE ONLY
1987 WL 492249 (CA (Civ Div)), 3-17-1987 Independent 492,249


(c) Sweet & Maxwell Limited
Mercantile Credit Co Ltd v Ellis
Mercantile Credit Co Ltd v Carrington
Mercantile Credit Co Ltd v Huxtable
Mercantile Credit Co Ltd v James
Mercantile Credit Co Ltd v Stanger
(CA (Civ Div)) Court of Appeal (Civil Division)
11 March 1987

Where Reported
Summary
Legislation Cited
History of the Case
Citations to the Case
Case Comments


Where Reported


Independent, March 17, 1987



Summary


Subject: Civil procedure



Keywords: Charging orders; Debtors



Catchphrases: Charging order; judgment debt; discretion of court



Summary: A Court cannot be faulted for exercising its discretion in favour of not making a charging order against a debtors property where it is clear that he has properly complied with the terms of an order for the payment of a judgment debt by instalments.



Legislation Cited

Charging Orders Act 1979 s. 1(1)
County Courts Act 1984 s. 86(1)


History of the Case


Negative Indirect History

Distinguished by

Ropaigealach v Allied Irish Bank Plc, [2001] EWCA Civ 1790; [2002] 1 E.G.L.R. 83; [2002] 03 E.G. 130; [2001] 47 E.G.C.S. 146; 2001 WL 1476154 (CA (Civ Div))



Citations to the Case

Considered by

First National Securities Ltd v Wileman, [1987] C.L.Y. 2919 (CC (Burton on Trent))



Case Comments

Charging orders; Debts; Judgments and orders. Insolv. L. & P. 1987, 3(3), 94
END OF DOCUMENT

andyauk

Hi, this is my first post, 2 months ago I was subject to a charging order by Direct Legal Collections on behalf of Citi. I attended the county court on the day of the hearing and even though I also was making monthly payments the judge granted the charging order but he made it a final order which meant that provided I kept to the monthly payment DLC could take no further action.

their solicitor who was in court was sympathetic to me but still pursued it. Hopefully I will manage to keep the payments upto date.

sparklymessygirl

Hi there,

I'm not sure you will need the case transcript but in case you do, it is available on

http://www.lawtel.com

So long as you are not a student I think you can sign up for a free trial - choose Lawtel UK and then type the case name in the search box.

Sparkly