MBNA/Restons CCJ/ CO

[Ganymede]

Thanks for your reply.

The CCJ was by consent and was a "Forthwith" order. No further action to be taken if I maintain payments of £100/month except they could apply for a CO.

 

 

I'm confused, either it's a forthwith judgment or it's not?

 

If they have leave to apply for a CO then you will probably not be able to block it, sorry.

[phatram]

A copy can be seen here,

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?122431-Me-v-MBNA-ABBEY-AND-MBNA-VIRGIN/page42

 

Post 828

Cheers

[phatram]

and is not payable on a regulated agreement debt

 

It looks like they are charging me interest so how do I stop this rip off?

Just found this on CCCS website,

Can creditors continue to add interest after a county court judgment (CCJ)?

England and Wales > Creditor action > Charges and interest

When a debt is regulated by the Consumer Credit Act, a creditor generally can not add any further interest after a county court judgment (CCJ). There may be extra charges added as a result of further court action.

Edited February 23, 2011 by phatram

[AndyOrch]

Phatram they do have permission to apply for the CO/Restriction hence the ICO, But it can never be enforced as long as you never default

on your installment.

 

And if it is a restriction reread Cadburys post

 

Regards

 

Andy

[phatram]

Thanks Andy

[Ganymede]

Phatram they do have permission to apply for the CO/Restriction hence the ICO, But it can never be enforced as long as you never default

on your installment.

 

And if it is a restriction reread Cadburys post

 

Regards

 

Andy

 

 

 

Yup, nothing you can do to stop that CO in reality really.

[phatram]

Im more bothered about stopping the interest they seem to be adding.

[AndyOrch]

Im more bothered about stopping the interest they seem to be adding.

 

Well concentrate on that, check the T&Cs of the original agreement, does it allow? and research post interest on judgments.

 

Andy

[phatram]

I'm not up to this, need some help. I can't afford the £5k solicitor is asking so what should I do?

[AndyOrch]

Why do they want £5K?

[phatram]

That was what they asked for to start with to take the case on. Bakewells in Derby.

 

"

We do not usually take instructions in relation to a defence on a no win no fee and we do not consider this case to be an exception to this rule.

We could have a look at the matter on a fee paying basis. We could have a look at the documents and give you some pointers on the case, depending on the amount of documentation but an initial estimate for that would be in the region of £1000 plus vat. If we were to deal with the whole matter and attend court the estimate would be in the region of £5000 plus vat again depending on the amount of documentation involved"

[AndyOrch]

Not cheap are they and apart from that you can do it yourself with guidance from here.

 

Andy

[phatram]

I think i fall into the tried and failed category !

[AndyOrch]

Well neither can the Litigators promise victory either with their big fees !!!!

[volvodriver]

I'm just a bit confused.

 

Are you saying that the solicitirs took the case on, and that their bill is £5K, or that they want that to continue?

[phatram]

They wanted that as a starter, to take the case on and attend court.

[volvodriver]

But you didn't retain them, so why do they want £5K now?

 

Or did you?

[phatram]

I asked them about taking the case on and thats the price they quoted. My split sides have only just healed. I believe I owe about £6k, that is is now £13k and rising.

[AndyOrch]

I asked them about taking the case on and thats the price they quoted. My split sides have only just healed. I believe I owe about £6k, that is is now £13k and rising.

 

So you did hire them?

[phatram]

No I didn't. My debt to MBNA was £6k etc

[phatram]

 

 

This doesn't say anything about interest does it? I'm not completely mad am I?

[phatram]

Will someone please help me with a letter to question these?

[phatram]

Thank you for your letters dated 21/Feb/2011 asking me to telephone you to discuss my “accounts”. I will of course not be doing this.

I am curious to know how you arrive at the figures you have quoted in the letters and ask you to prove to me how you or MBNA arrived at these figures. I would hope that you know these figures are incorrect and would also know that interest should not have been added to the amounts from when I put these accounts into legal dispute and is still not allowed to be added . Perhaps you should check with your representative with whom I spoke at Derby Combined Court and who accepted my offer to pay off the debt at £100/month.

May I also take this opportunity to remind you that MBNA have still to honour the terms of the FOS investigation from over a year ago, something I would hope they would put right without me having to take the matter further.

Yours faithfully,

 

 

 

Any suggestions please?

Edited February 24, 2011 by phatram

[phatram]

CPR 52 for appeals

 

you would need leave to appeal no matter what out of or in time, so you would need to file your appellants notice asap

 

 

Valid reasons to have your judgements 'set aside' (to be used on n244 form)

 

 

Introduction

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

We have listed quite a few valid reasons below.

 

1. Were you given 28 days notice in order to pay?
   
2. Were you living at the address when the summons and judgement took place?
   
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
   
4. Did you receive the summons? They are not sent by recorded mail.
   
5. Maybe you were unable to attend court and defend yourself.
   
6. The judgement should not appear on the credit files if it was paid up within 28 days.
   
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
   
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
   
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
   
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
    
11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
    
12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
    
13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?
    

I would appeal on no9.Whats the chances?

[phatram]

Lastly...

 

You can use any of the above reasons to have your judgements set aside.

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

This gives you the chance of having your judgement/s removed forever