Hi ASR Apply for a Redetermination application to vary the payment. Have a look at this thread it should give you some information http://www.consumeractiongroup.co.uk/forum/showthread.php?272860-Judgement-awarded-against-me-can-t-pay!&p=3083052&viewfull=1#post3083052 Dont know how long you had had the ccj for but you need to get in quick as once a ccj has been got they are likely to go for the next steps (C Order etc)

I'd thought it would have been up to a judge should that info need to be requested - the cheeky blighters!!!

Meant to say post 19 not 5 as well (what happened to edit on this new cag layout !!)

Sorry link is here... http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability&p=1747470&viewfull=1#post1747470

Is the CCA with all its prescribed terms on them there? I am baffled as to why there is no Default Notice info, you should have this sent to you as part of the SAR . In my post no.5 on here only you can make the decision if you want to carry on disputing this debt and I had included a link to how much further you would need to prepare up on should you do Can you post up a copy of the CCA & we can have a look if its got the prescribed terms on there. You may also want to have a look at this link. Does the CCA meet all the legal requirements?Consumer Credit Agreements - a guide to enforceability

If you want to counter offer what they have offered write back with a lower figure, head the letter WITHOUT PREJUDICE so it cant be used against you or wait it out until its sold to a DCA, then hit them with a CCA and sit back and offer a low F&F, if they cant comply or comply with agreement with no prescribed terms etc, but its what ever you feel is best. If they sell it on to a DCA then they'll get between 6p and 15p in the £ for this debt and if no CCA there may be a good chance of a full and final with a DCA keen to get some profit for not a lot of work, its a risk tho that they might dig there heels in and demand more

Only you can make this decision ASR whether to defend or not. If you are asking for the CCA because you dispute, OR are unsure of the original "debt" amount yes, you are putting the "debt" into dispute. Getting the paperwork (should your requests for it not be bounced back for signatory or stalling reasons) will be your first hurdle. In any case, the court can only set payments at what you can afford anyway & if you do go to court at least it shows you had showed a willing to negotiate payments that you can afford but was only disputing the POC to ascertain the amounts owed, I'm just concerned that unless you headed the correspondence back to them offering those £50 payments in a letter WITHOUT PREJUDICE then you may need to allow for the fact they may try to use your offer against you. (Perhaps others can comment on this for you :? Do understand too by disputing the debt be prepared to do your research, understand your defence you put in (all be it extracted and helped with by any of the Caggers on here) and read lots in the forums from others also in the same situation as yourself. You might like to take a look at this link to prepare you of what can be ahead, I hope it proves useful reading.... http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED&p=2695725&viewfull=1#post2695725

Hi scetch72 did you ever get a default notice sent to you on the amount of the arrears owed? The Subject Access request "should" reveal all correspondence but can take up to 40 days which they have to comply with this y'see. In response to your question above, its working days.

AJ you can fill out an N244 for starters to set aside the Judgment. When will the court agree to set aside a judgment? The county court rules set out when you can apply to set aside a judgment. For example: You may not have received the original claim form. You may have moved house and not had post from your previous address. An order was made against you in your absence in certain circumstances. There may be an error in the judgment. You want to put in a defence and did not have the opportunity to do this. The proceedings did not follow the court rules Maybe some of this post code help? Help with N244 form - set aside CCJ http://www.consumeractiongroup.co.uk/forum/showthread.php?220589-Help-with-N244-form-set-aside-CCJ&p=2438635&viewfull=1#post2438635

Hi ASR I see you have sent correspondence in a form of a questionaire to them offering £50 payments not adequate to them in there letter back to you on 18th Aug, I am wondering if this may be seen as admitting the debt with them The previous letter by them demanding immediate payment of the full amount seems to be a way of them having terminated the account. Termination can either be via a letter to say the Agreement or Account has been Terminated or Cancelled or, Termination will be when they do something that is not in keeping with the Agreement still being live; for example, by asking you to repay the whole balance, when before that you only owed Arrears which means they asked you for both the Arrears and the sums that were otherwise not yet due. Have you never had a default notice from MBNA stating any arrears with dates to remedy the balance by? We could do with knowing this to see if the default notice gave you the 14 statutory days required, it will also be useful to know ready for your court response. The actual time allowed is 28 (+3?) days from the date of service on the court docs as long as you have acknowledged the service within 14 days initially which you can do online. The POC form I see states S69 interest too, It is my understanding that this interest cant be claimed for on an agreement regulated under the Consumer Credit Act Perhaps you could let us know if there was any DN first giving us dates or post it up preferably.

You can send them this..... http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

I think If your debt is older than 6 years and you haven't contacted them or repaid anything then you can deny you owe the debt. You should be covered by the Statute Barred legislation which stops any debt over 6 years being able to be enforced.

Send them to MBNA not Restons

Didnt Topcat live in a bin for years????? joke aside, tis a cruel thing to do, she'll be getting her come uppance now I bet!

Hi ASR dont let them grind you down, you've come to the right place & I'm sure we can all offer you our help & advice as I also had this duo take me to court last year. We hope to see your POC soon, also did you get served any default notices, please post up using photobucket as miss muppet has mentioned minus your personal details. Also have you applied to MBNA yet to see if they have a copy of your credit card agreement?

Shuggler, just came across your thread tonight. My mum got £3500 going through a solicitor who did the case for her against stagecoach , all worth pursuing. She had a witness as it happened, also there was photographic evidence along with her damaged spectacles but she was sitting at the front of the bus at the time when the bus came to an abrupt halt causing her to fall off her seat against a pole & onto the floor. The driver stopped & got out of his cab to help her & documented it down for her which probably all helped towards this settlement. It made her very nervous afterwards going on buses for awhile, she's 78 now & I take her & collect her if I'm not working when I can to her Bingo & OAP Pensioners clubs nowadays, think she was about 74 at the time when it happened. Good luck in your claim & I hope your wife recovers fully for the future too

hi there, landy alert explains it well on this thread too, hope it helps. http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/252497-ppi-claim-how-calculate.html#post2837039

Hi DizzieDiva just popping on in to say keep strong and keep that fire going inside you we like to read success stories on here and all want yours to be one of them so dont give up the ghost now since we have been following you so far. You have had some excellent advice given & when you enter that courtroom have everything documented if necessary what you want to say. What Manchestman said above with regards to being prepared for the tricks he is quite right, do select your words carefully (document them in front of you if necessary so when its down on the transcript you will have said things in relation to the legislation necessary. Make sure you push for disclosure of the docs on the day ie. Have they brought the Original agreement to court under CPR 16.7.3 It's worth including as an additional argument by referring to your copy #315 as an application form, arguing that in order for an application to be turned into an agreement, it must be capable of doing so. It must be clearly headed This is a credit agreement.......................CCA 1974 and have a place for both parties to sign it. You can argue that if there is only a position for one signature, then the application document was never intended to become an agreement. Also my advice on the day is to not admit the debt try & skate around it ie With respect sir, whether I do or do not owe money is not at issue, the point at issue is whether, in the absence of a signed agreement or even if there is an agreement? Ensure you emphasise that you are challenging the enforceability of the agreement under English Law. MDAW x

Hi sunflower my mum takes these, she had a stroke last November, dont know whether these pills she got given at the time along with blood thinning ones are the reason for her deteriorating memory loss or the stroke itself. She has also progressively had more leg pains aswell (she does have athritis in her knee though, and is down for a knee replacement operation!) I have read about these causing muscle wastage aswell as memory loss too so thought it good you posting your concerns too as it is a worry!!

Help with N244 form - set aside CCJ [/url] http://www.consumeractiongroup.co.uk/forum/legal-issues/220589-help-n244-form-set.html When will the court agree to set aside a judgement? The county court rules set out when you can apply to set aside a judgment. For example: You may not have received the original claim form. You may have moved house and not had post from your previous address. An order was made against you in your absence in certain circumstances. There may be an error in the judgment. You want to put in a defence and did not have the opportunity to do this. The proceedings did not follow the court rules.

Hi gramtrad2 my example was a 4 page doc as posted to my link above #101 yours seems so brief so hoped somebody would have been along to help you with it. If the court have allowed you a further 21 days hope you got what you did put together in within this extended time. I too was going around in circles not knowing what to do at the start, in areas where we are unsure having caggers onboard is vital I know! By researching & spending many an hour to gather what you can yourself though when others cannot be around may sometimes be all you can do. Best of luck & hope you finalised what you had in on time. Maybe the next thing to be requested now from the court will be them asking for a copy of the transcript before decision to appeal will be granted?

Glad you sorted your defence, dont think you could have done alot more than you have done already as you seem to be on the ball yourself v much already with your CPR requests. Well done & keep up the fight I'm sure lots of advice on board will also assist you on the way. The court will now send a copy of your defence to the other side, theres a chance now they may dispute its validity on the grounds there is no statement of truth, and have 28 days to inform the court whether they wish to continue, if they do the court will send an Allocation Questionnaire to both sides to fill in. One thought for now is if you might want to file an Application Notice asking for their claim to be struck out, as they did not provide the docs. If you do, you need to download the form N244 hopefully other caggers might want to offer there thoughts on this for you too?

Hi manchestman you can pick through what I used awhile ago should it assist you in anyway. Am only on briefly now but hope it helps in someway (posting 35) http://www.consumeractiongroup.co.uk/forum/legal-issues/218054-mbna-help-needed-discontinued-2.html#post2462965 You may get the opportunity to provide an amended defence later on? good luck getting it in MDAW

Hi HomerRamone, not a great deal of advice I can offer other than that the obvious thing in your case to put would be to admit part of the claim since that is what your saying you do, maybe then it will force there hand in having to provide you with the details you have been trying to sort out with them then? I can see your trying to get to the bottom of the amounts owed but unless you get your previous statement of payment details out & cross reference it with prev billing cycles then I am unsure how you can tally it. Maybe they have added in costs now for the court papers etc too. I hope you get it sorted soon

Your right in the fact that the Council do contact you but we did not receive anything when our next door neighbours went up (quite close too). Our houses in our road go 1,2,3,4 etc instead of 2,4,6,8 etc so the council informed the next but one house to us instead of ourselves next door so we knew nothing about it until the work had started. You may be able to locate planning applications/drawings on the councils websites for things like this as mentioned already:idea: