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VIRGIN/MBNA CCA recieved - Enforcable?


St1973
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Hi,

 

After declaring the account to be in dispute last week, MBNA/Virgin have sent me a copy of my CCA/T&Cs...

 

It looks in order to me, but would like some more educated opinion/comments please...

 

I ave also reposted my Northern Rock Loan CCA also....I dont see a "Right to Cancel clause in it"

 

Thanks

 

S

tinocca.pdf

NorthernRockCCA.pdf

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I agree with you, that Virgin CCA does seem to have the prescribed terms. Did you apply on line, then this was sent to you to sign, just out of interest?

 

I'm not sure whether a judge would rule the Northern Rock agreement unenforceable due to the missing 'Right to Cancel' clause though.

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St1973....i'm sorry to say both look enforceable, you could get the figures checked on the NR loan though just to check they are correct (there is a small variance allowed) have a read of this thread - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/168115-mathematicians-needed-help-credit.html

 

As for the MBNA / Virgin on line application - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162103-template-letter-needed-please.html#post1738452

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  • 4 years later...

Hi,

 

About three weeks ago I received a County Court Claim form from Cabot Finance (from Wright Hassall LLP) for a debt from my Virgin Credit Card from 2007.

 

I filled in the form to say that I would be repaying the debt,

but under an IVA that is being constructed due to my business being wound up.

 

Today I received a CCJ that said the claimant had rejected my proposal, without any negotiation,

and a CCJ has been entered against me (disaster!).

They are demanding repayment within 16 days of 10570 pounds.

 

Can I appeal this under the IVA?

 

Should they have listened to my IVA proposal as it is a formal mechanism to repay debts etc?

 

Any advice would be appreciated

 

Thanks

 

S

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You might want to speak to whoever is managing your IVA and see what this is about. It was my understanding that all debts are hovered up into this type of administration order.

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I will also send out an S.O.S to see if any one else on the site team has any ideas.

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Presumably they were listed when you gave your list of creditors to the IVA administrator who would have contacted them. If they were contacted and knew about the pending IVA then clearly they have decided to get in first and you'll need to watch that they don't go for a charging order on your house.

 

CCJs will be included in the IVA list of creditors who'll have to agree to take a percentage, but a charging order is secured on the property instead.

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Some information for you.

 

 

I doubt the pleading of IVA which is only in the process of being completed will assist...he should have defended.As Desperate Daniella states forewarned is forearmed hence the CCJ

 

2 possible options :-

 

 

Set a side on the basis of the IVA and being pre warned.

 

 

Make variation on the forthwith to mthly with details of the impending IVA...this will require an hearing which could get it back on track.( and back into court process)

 

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Uploading documents to CAG ** Instructions **

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Its on hold at the moment as by Business is being wound up and the IP wants to wrap liabilities up from both the business and personal into one IVA. I just need a way to keep these guys at bay so I can get this finalised.

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I'm really not certain how you'll do on the set aside, but I'd personally try anyway.

 

You can certainly apply for a variation of the order.

 

You'll need a Form N244 for the set aside and a N245 for the variation.

 

http://hmctsformfinder.justice.gov.uk

 

CitiB might have a direct link, but you can get them there.

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  • 7 months later...

HI, I have a Set Aside hearing set for tomorrow (9th Jan) and have had a reply from Wright Hassall who are contesting it. My N244 form states that I need a set aside so I can prepare an effective IVA that treats all my creditors fairly. I have stated previous mental health issues and problems with my previous business which is now liquidated and how my new career is going well and has a very brght and lucrative future.

 

Can I ask two things:

 

1: Do I need to attend?

2: Do I need to send in a counter statement to Wright Hassall who have basically said that I owe the debt and that there is no garuntee that I could put an IVA together that they would agree too (I have many creditors and only need 75% to agree)

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Hi all. Thank you for the advice. I have asked the court to postpone the hearing as a dear family member has been rushed into hospital with a brain bleed and is sadly dying. Hopefully the hearing can be adjourned until a later date. Again, thank you for your advice to this complete novice.

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Sorry to hear that.

 

I don't want to sound insensitive but it is very late in the day to adjourn and unless the family member is immediate like your child etc there is no guarantee that the Court will agree.

 

How did you ask for the adjournment? E-mail?

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