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  1. I got a claim form last year for which I admitted for £10,871. When the Judgement after determination came it was for £1439. I suspected this was an error but kept my mouth shut. I replied within within days with the standard letter saying I could not afford it etc and showing details of my income and expenditure and asking for a recalculation. As I did this within 14 days I did not use the official form and just sent and letter and paid no £35 fee. I got a letter saying there would be a hearing etc. I did not attend the hearing. I now have a general form of Judgement Order which says upon hearing from the solicitor the judgment is ammended to show the judgement sum and costs as £11,246 payable FORTHWITH. I rang the court and asked if they had received my letter asking for a redetermination she said she can confirm it was on the case file but it is up to the discretion of the judge to use it or not. What do I do next. I don't have the £11k to pay FORTHWITH. They seem to have ignored my letter and has passed a judgement I cannot afford which they would have realised should they have read my letter. I'm pretty worried about this please advise me what to do next.
  2. problem is I cant attend as I'm at work. I have submitted an income/expenses sheet already. So am I correct in thinking I dont HAVE TO attend?
  3. Do I have to attend a CCJ hearing to get the payment amount recalculated based on my letter explaining my finances?
  4. Restons took me to court for around 10k. When the CCJ has came back its for around £1,500 including fees. Around £9k less. Why is this? Cheers
  5. Hi all, is there any advantages to becoming tenants in common? In particular relating to charging orders and trying to prevent one or making it more difficult for a creditor to get one? This is just a hypothetical question but I suspect one of my creditors may try for one at some point. Cheers
  6. Hi all, I sent a SAR off to Abbey who have cashed the cheque and sent me 3 years of bank statements only and nothing more. Obviously this is not everything they hold about me!! What's my best course of action now? Is there a template anywhere that says you have not complied and this is your last chance before I report you to the Information Commissioner?
  7. Hi All, I've had a claim pack from Restons on behalf of MBNA. I want to do the acknowledgement of service and say I plan to defend all of the claim. However can I then decide NOT to defend the claim if I want to? (If once I've asked them for their vitals and they reply with all the correct enforceable documents that is) And if so will it cost me anything to change my mind and not go ahead with any defence and admit their claim? Cheers all
  8. The CCA I got back from them is illegible to a certain extend, I cant really read all the T&C's and wrote back to them mentioning this and they never responded. I do own a property yes. However they would only get a charging order if I did not pay as per a court order, is that correct? I don't think a CCJ is going to make much difference really as the threat of one doesn't really bother me as my credit rating is already shot and I'm paying at the moment and plan to continue paying what I can afford. Could I respond to any formal action and simply say I'm paying what I can etc. Would this lead to a CCJ?
  9. What do you mean how old? If you mean is prior to 2007 then it is and I have a copy of the CCA already. Which to be honest looks ok according to MBNA the templates on here. I was under the impression that any court action would be fruitless unless I stopped paying via CCCS? If I'm paying them what are the advantages of them taking me to court? Or is it an idle threat?
  10. Hi all, I've received a letter from restons saying they plan to take me to court etc for an MBNA credit card. I'm in a debt management plan via CCCS. Are they likely to take this kind of action while I'm paying them as much as I can via CCCS?
  11. Hi, In reference to reclaiming bank charges from Abbey. I'm sure I read somewhere on here and I cant find any info after searching for about an hour. Am I correct in thinking that abbey had contradicted themselves by saying that their charges were not part of their profit and were only to cover their costs however when they went on to do their joint action with other banks they all said that charges accounted for a certain percentage of their profit. Does that make sense? I'm just sending off SAR to Abbey to set the ball rolling. I'd be happy to get a refund of the difference between what they have charged me (around £35 per charge) and the £12 they claim is fair. Has anyone had any success on this basis?
  12. Slick132 thanks for your reply, so is the absence of an actual credit agreement amount not enough to make it unenforceable? I thought that was a prescribed term? I intend to reply to them querying which credit agreement applies to my account as you say.
  13. Hi all, Please see the below CCA I received from MBNA, I'd really appreciate any comments as to the enforceability of it!!! Please note it was signed by me and I've deleted my signature off for anonymity purposes. It was taken out via Abbey with MBNA. Cheers guys
  14. Hello again, I have another question. Following on from above. I signed the original agreement 14/09/2005. When I did my original CCA I got two "reconstituted" agreements from them. The 1st is very similar to the actual true photocopy of the agreement they have now sent me as I've compared them side by side and the wording matches (apart from cancellation rights) and is an agreement between me and Halifax PLC so thats seems fine and dandy as it is missing a prescribed term THE CREDIT LIMIT. However they also sent me a 2nd "reconstituted" agreement when I did my original CCA this one is between me and Bank of Scotland. I think this is because they changed the card from intelligent finance to Halifax. However this is where the plot thickens.... I never signed any agreement to change over to Halifax and what I assume is the second reconstituted agreement above and they have only supplied me with a true photocopy of the original agreement I entered into on 14/09/2005. So my question is...as my agreement was with one company and now it seems another and I never entered into this agreement. Is it unenforceable? (I know Halifax and BOS are one group) Should I write back to them and query how come they supplied two reconstituted ones but only one now they have supplied the true photocopy? I'm thinking of saying I'm bemused as to which agreement applies now! Any help greatly appreciated!!
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