optima on behalf of MBNA CCJ, some advice if possible!

[Hedman87]

Hi, I need to confirm where I am with a ccj which has been issued against me for a cc debt just over 2k at the end of last month. Below is what has happened so far...

 

-recieved court forms through from optima on behalf of MBNA, through Northhampton.

 

- completed the acknowledge of service advising I would be defending all of the claim, within specified time.

 

- I then left things and the ccj was issued against me around a month or so later...this was less than a month ago now, about 14 days or so

 

Do I have option of trying to get this set aside? Its now been transferred to my local court... I have that if the ccj wasnt processed by a judge then the £75 isnt payable?

 

I also intend to send a CCA request to MBNA.

 

So guys am I stuck now for not following up with defend of claim, or can i do something now within the 21 days?

 

thanks for any help.

[the_shadow]

Hi, I need to confirm where I am with a ccj which has been issued against me for a cc debt just over 2k at the end of last month. Below is what has happened so far...

 

-recieved court forms through from optima on behalf of MBNA, through Northhampton.

 

- completed the acknowledge of service advising I would be defending all of the claim, within specified time.

 

- I then left things and the ccj was issued against me around a month or so later...this was less than a month ago now, about 14 days or so

 

Do I have option of trying to get this set aside? Its now been transferred to my local court... I have that if the ccj wasnt processed by a judge then the £75 isnt payable?

 

thanks for any help.

 

Yes you can get this set aside but.....

 

For the set aside to be granted you will need to show a) You had a good reason for not filing a defence and b) That the defence has more than a reasonable chance of success.

 

If the defence is strong then the judge who looks at the application may ignore a) if it was just "missed"

 

For a strong defence you need information and the faster you get it the better, you need to CCA MBNA ASAP! I'm not sure whether a CPR31.14 letter would get a response from the other side as they have what they wanted namely the CCJ already and its not in their interests to send you anything

 

Did you request any information from the solicitors acting on behalf of MBNA? a CPR request?

 

Do you have a Default Notice?

Do you have a termination notice?

 

Can you scan them and post them up minus the personal info to see if MBNA have made mistakes on either form.

 

S.

[Hedman87]

Thanks for the reply, I have read alot on here, but its good to confirmation when its related to you.

 

Here is the latest one I recieved, without knowing this looks fairly comprehensive....I pretty sure this is a default notice.

Edited June 9, 2009 by Hedman87

[Hedman87]

bit small will reupload.

[Hedman87]

reuploaded.

[the_shadow]

reuploaded.

 

Still too small I'm afraid

 

S.

[Hedman87]

another attempt. cheers

1731_001.pdf

[the_shadow]

another attempt. cheers

 

Unfortunately the key bit of info to check is the date it was posted(dated) and the date of rectify. Without those its down to looking at prescribed terms and format which on this look ok.

 

Not sure about quoting paragraph 8 of t&c though.

 

S.

[Hedman87]

can you explain what the date of rectify is? And how this works with date of posted. thanks

[the_shadow]

can you explain what the date of rectify is? And how this works with date of posted. thanks

 

They must allow 14 days from date of service (see below) to rectify the breach.

 

 

Regs on service

1. Interpretation Act 1978, Section 7

 

This states:-

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

[Hedman87]

so is this from the date when the CCJ was issue or the original forms?

[the_shadow]

so is this from the date when the CCJ was issue or the original forms?

 

 

 

Nothing to do with the CCJ..

 

The date on the default notice is taken as the date it was posted... if sent first class they have to allow 2 WORKING days for it to get to you and then 14 calendar days to rectify (this is the date on the default notice)

 

If they havent allowed a full 14 days then the Default notice is defective and therefore you have a defence against the original CCJ judgement.

 

S.

[Hedman87]

sorry to confuse this, is the 14 days to rectify for mbda to correct the default notice wording etc?

[the_shadow]

sorry to confuse this, is the 14 days to rectify for mbda to correct the default notice wording etc?

 

No 14 days is what the regulations say YOU are to be allowed to rectify the breach (i.e. the non payment of the arrears)

 

If they send a duff default and then terminate the account/agreement ALL they are entitled to is the arrears amount stated on the default notice.

 

S.

[Hedman87]

ah ok, just been looking here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/199299-default-notice-question-defective.html

 

and it looks like the one I have been sent is fairly covered from mbna's perspective. Would next step be CCA request?

[Hedman87]

just to answer the earlier questions, I havent requested anything from optima.....

[the_shadow]

ah ok, just been looking here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/199299-default-notice-question-defective.html

 

and it looks like the one I have been sent is fairly covered from mbna's perspective. Would next step be CCA request?

 

If the agreement is terminated a CCA request will not be honoured by MBNA as the regs state only for active agreements.

 

S.

[Hedman87]

will an agreement always be terminated after a default has been issued? I dont believe I have recieved a termination letter.

[the_shadow]

will an agreement always be terminated after a default has been issued? I dont believe I have recieved a termination letter.

 

It has to be terminated to enable them to take you to court and obtain a CCJ. The only way they could have exited the contract is to default/terminate and then take you to court for the amount outstanding at termination.

 

S.

[Hedman87]

mmm ok, looks like I need to try and get this set aside, I have never seen the CCA from mbna.

[Hedman87]

shadow,do you think its worth moving this to the legal issues section?

[the_shadow]

Ooops sorry didnt see your reply before last...

 

Its going to be difficult to mount a solid defence without the information.. have you SAR'd MBNA at all? For the sake of the £1 it could be worth sending off cca to MBNA but like I say I dont think they will comply. The SAR might come with the agreement but its only a chance.

 

As to CPR well you could try a CPR31.16 and see what they come back with.... see this thread -->> HERE.

 

I'm unsure if you can use CPR31.14 as they have obtained judgement but I suppose if you write in the letter that you are looking to set aside the judgement and therefore require them to forward all documentation as per a normal claim you might get something back.

 

Thats the limit of my knowledge I'm afraid.

 

If you want this moved to legal forum where you should get better advice.. click on the red triangle [bottom left corner of post area] and just ask to be moved.

 

S.

[Hedman87]

thanks Shadow, I working within days now, my own fault so trying to decide and act as quickly as possible. I havent requested anything from MBNA... but have just sent the CCA request. Very stupid of me not to have responded to this when it was at the initial claim stage.

 

thanks

[the_shadow]

thanks Shadow, I working within days now, my own fault so trying to decide and act as quickly as possible. I havent requested anything from MBNA... but have just sent the CCA request. Very stupid of me not to have responded to this when it was at the initial claim stage.

 

thanks

 

Yep hit the red triangle!

 

S.

[car2403]

Moved