MBNA/Restons CCJ/ CO

[phatram]

Should I be thinking of a set aside? on the grounds of no9 in the above

[Cadbury1879]

Hi p

I have read this thread,and I think I'm right in thinking that you are considering employing a solicitor who have quoted you 5k. Apologies if this is wrong. If is the case DONT.

C/O are very difficult to stop once you have a Ccj.

Very wrong Imo but that's the reality, pay your instalments go to hearing if you wish, and argue your case.

I wouldn,t hold out any hopes though.It's security by ignorance, were the majority of people in this scenerio will pay off the debt when they sell there property etc,or believe they are trapped by an illusion.

All the best

Cadbury

[the_shadow]

I think you've come round to the conclusion that the CO will be granted.. as advised on the other thread thats what was agreed to.

 

I personally would concentrate on

 

a) Ensuring the FOS know that MBNA have not complied with their order and get them to enforce it, its not up to you to chase MBNA, FOS should have done this.

b) Ensure Restons/MBNA know that you know your rights as per interest on CCA regulated debts... take a look at Sequenci's blog on interest and hopefully take some pointers from this.

 

S.

[phatram]

bump

[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?

[citizenB]

I am just flagging your thread again, phatram. Meanwhile, it might be worth you trying to track down one of the following who may be able to help

 

foolishgirl

emandcole

gh2008

diddydicky

[caro]

No it doesn't mention interest.

 

Can you please clarify if the figure blacked out in no 3 is the total of 1 and 2?

[phatram]

Thats correct caro. 1+2=3 .1 was the total of the 2 mbna accounts. 2 were Restons costs and 3 is the 2 added together.£13k, which is about double what i say it should be. Where the hell they get the figures in post 858 from God only knows!

Thank you all for your help folks.

[caro]

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

[*]Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

I would appeal on no9.Whats the chances?

 

Should I be thinking of a set aside? on the grounds of no9 in the above

 

I'm not convinced about that. I believe you're saying that the figures Restons are now asking for are not the same as the judgement, so it's not the judgement figures that you're now disputing.

 

That's just what springs to mind and others who are more knowledgeable may disagree.

[phatram]

In post #684 they say they fefunded ppi premiums,they later deny this in the WS, so the amount they sued me for is incorrect. The Restons solicitor was supposed to have taken this into account but didn't and in the heat of the moment i forgot to bring it up.

[caro]

In post #684 they say they fefunded ppi premiums,they later deny this in the WS, so the amount they sued me for is incorrect. The Restons solicitor was supposed to have taken this into account but didn't and in the heat of the moment i forgot to bring it up.

In that case no 9 appears relevant.

[phatram]

If I can prove in court tomorrow the Judgement figure is incorrect should the CO be allowed?

[phatram]

http://www.oft.gov.uk/OFTwork/markets-work/super-complaints/card

[gh2008]

I can't see any harm is submitting a WS showing the clear facts. KEEP IT SIMPLE though otherwise it will just look messy and it will be overlooked.

 

Stick to the clear facts.

 

It may just delay the CO, you may end up reclaiming the PPI separately (can't see why that should not be possible) Then you'd get a cheque for it.

 

Very murky waters IMO - you really need to seek out some 'qualified advice'

[phatram]

Mailed to FOS, similar to http://www.sra.org.uk/consumers/consumers.page, fsa and oft.

 

Dear Sir,

I have recently had a CCJ awarded against me at Derby Combined Court as a result of my dispute with MBNA EBL and feel I need to complain again to you about MBNA and their practices.

 

The amount they and their “friends” at Restons have sued me for is nearly £13000 which includes £3000 court costs to keep Restons in the lap of luxury. It has now been brought to my attention that this is incorrect and that they know that this is the case. For a start they have never refunded me the agreed amounts at the conclusion of your investigation over a year ago. The amount also includes mis-sold PPI and unlawful charges and overlimit fees.

I have now received two letters from Restons offering me a “discount “ if I pay off both my accounts before 13/3/2011. They say one account is for £12775.34 and the other is for £2515.47 !

 

I am now in writing accusing MBNA and Restons of being dishonest and Mbna unfit to hold a credit licence. I am very disappointed at the lack of effectiveness of the FOS.

 

Quite frankly , it looks to me as if MBNA are a law unto themselves and with the help of Restons are ripping people off left right and centre.

I know what I owe MBNA and have no problem with paying it back at the agreed amount of £100 pm but I’m damn sure I’m not going to be ripped off for anymore.

 

Yours faithfully

Edited February 28, 2011 by phatram

[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?

 

bump

[caro]

For the moment I think it's more important to draw the errors to the attention of the court. Take copies of the letters with you for the judge and oppositions legal representative.

 

Let the court know that you are foster carers and that this may have repercussions for you and the child(ren) that you care for.

 

Can you confirm that you can afford the £100 a month being asked for? If not make sure that the judge is aware of this and take a budget sheet to prove your dilemma.

 

Ask if you can appeal the judgement because you now believe there are errors in the information the court originally had.

[Jasper1965]

Try and get the time to read this before you go, good luck!!

 

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

[citizenB]

Good luck for today, phatram

[phatram]

Thanks everyone. x

[bilious]

Hope it goes well for you i really do buddy!

[phatram]

CO granted. Judge said they cannot apply for a sale order if i pay the agreed amount every month. MBNA are also nowhere near front of the queue 'cos of our mortgage, a loan and my wife.

 

I showed him the evidence about why I think the amounts are wrong and we both felt he was suggesting I should challenge the court order. He did say tho' that the CO would still stand even on a lower figure.

 

Interest was not mentioned.

[frettful38]

Hi phantom well at least that bit is over.

 

I was just reading this thread and thought it may be of some help to you especially post number 9

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296208-CCJ-and-continuing-interest&highlight=2+dca%27s

[gh2008]

IMHO I do not think a set aside would do you any good, as it would just mean they would sort the figure out and then re apply the CO.

 

BUT I do not see any reason for you now not to claim back the PPI and actually receive a cheque (they cannot offset it as it is now a Judgment debt)

 

The cash in your hand may actually be better than reducing the debt by x amount (even if you put it in the bank)

[phatram]

First of all thanks to everyone for help and best wishes.

My figures make the debt just under £10k, without the amounts to be taken off as agreed by FOS (£2k), they continued to add interest and charges after I'd put into dispute 'cos they failed to provide the correct or legible paperwork. I think I will claim PPI and the charges and not go for a set aside. How are people doing claiming CCI on PPI? Spreadsheets are already done, just need to find the time to do court stuff. The "agent" of Restons looked a little shocked when I informed her about reporting to SRA,FOS,FSA and OFTand went off to spend some time on her laptop typing away. I've not finished with these scumbags,just need to get my mojo back ! I've won over £10k back for friends and family and can't sort myself out. I will be back !

Many thanks

P