Mint Loan

[Notty]

Hello - I wonder if anyone could advise what my next step should be. Unfortunately my business is in dire straights and I am unable to keep up the payments on an unsecured loan and MBNA credit card. I have sent the relevant letters and offered an amount of money left after paying priority bills. I have been sending Mint a weekly amount and MBNA. I have sent both of them the required expenditure form. Mint have today sent me the N1 claim form. Do I fill this in and offer the same as I did originally? I cannot understand why they did just not accept my original offer. Are they hoping to get a charge on my property? The MBNA letter also refuses my offer and says they will take legal action and get a charge on my property? Any help would be much appreciated. I a bit worried about the claim form as I have never had one before. Thanks again.

[Notty]

I wonde if anyone could offer advice please.

[kurvaface]

Hi Notty... Sorry I can't help. Be patient..somenone will be along. I've noticed it's been a bit quiet around here recently:)

[cerberusalert]

You should fill in the N1 & defend, the case will be transferred to your local court. In the meantime send off a CCA request http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter and a SAR http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

The CCA request will show whether they have an enforceable agreement in place, if they don't you can use that as a defence. The SAR will provide information in respect of any unfair charges which may have been added which you can reclaim & use to apply to have their CCJ application set-aside.

[cerberusalert]

Hopefully someone else will come along soon, but for the time being the above will get the ball rolling and help you to some form of defence. By the sound of things they are hoping for a fast track CCJ in the hope that you don't defend & they win by default.

[cerberusalert]

Have Mint previously sent you a Default Notice & Termination Notice?

If so can you scan them, remove personal details & post them up?

 

I'm going to ask a member of the site team to move this thread to the legal forum where it should get some specialized attention.

[42man]

Moving to the legal forums...

[Notty]

Hi Thank you for your help. The Mint loan was only from last year and I applied on line so I dont think I would get far with the cca. I am more than willing to pay them £50 a month which I have offered and have been paying for the last month. When you say they are after a fast track ccj what do you mean? Will the judge not realise I am trying to pay and accept the £50? Thanks again.

[cerberusalert]

When you say they are after a fast track ccj what do you mean? Will the judge not realise I am trying to pay and accept the £50? Thanks again.

I am assuming that they are hoping that you won't defend & win by default. If it does go to court a judge would look at your circumstances and after viewing an income & expenditure form which you would have supplied, he will then decide what you can reasonably afford to pay. The fact that you are making payments will be in your favour. Even if they manage to acquire a CCJ as long as you keep to the payments ordered by the court they cannot take any further action, but the main thing at the moment is to try and prevent them from obtaining a CCJ in the first place.

 

Just to repeat my question above have Mint previously sent you a Default Notice & Termination Notice?

If so can you scan them, remove personal details & post them up?

[Notty]

Will do.

[Notty]

 

 

Hi Cerberusalert Have uploaded the default and notice to terminate the agreement. Should I fill in the N1 and offer them the monthly amount I can afford? I notice it goes to Mint (the offer) what if they turn it down again will the judge decide?

Edited July 18, 2009 by Notty

[robcag]

Hi Notty

 

I just tried to PM you (about something which may be important) but your message storage quota is up to it's limit, you might like to clear some space and get back to me.

 

Cheers

Rob

[Notty]

Hi Robcag I have made some space.

[robcag]

PM sent

[Notty]

Dont think I'v quite got the hang of it yet. Thank you so much.

[robcag]

Hi Notty

 

Any chance you kept the envelope that the DN was delivered in? As it stands, dates/time wise, the DN has given you the requisite time to rectify providing it was posted First Class Royal Mail.

 

However, if it came by Second Class Royal Mail or some other mail service was used then the extra days for service would take the required 14 clear days to rectify past the date given.

 

Cheers

Rob

[Notty]

Hi Robcag

No threw it away. Too tidy. How long do you normally have to reply to the N1 is it 14 days?

[robcag]

Hi Robcag

No threw it away. Too tidy. You could always put them to strict proof that it was sent 1st class, failing which it would be assumed to have been sent 2nd class, thus giving 4 days for service and therefore not giving the required 14 days to rectify. How long do you normally have to reply to the N1 is it 14 days? If the claim has been issued through the Northampton bulk centre then you have 5+14 days from the date of issue to acknowledge service. Provided you ack before that deadline you then have a further 14 days to submit your defence. Giving you a total of 33 days from date of issue.

 

Cheers

Rob

[Notty]

It looks like I will have to send the form back and admit to it and ask for time to pay. Is that the correct procedure? I know I will end up with a ccj but I cannot understand why they didnt just accept the offer I made to them. The court will not be able to award any more than what I have offered so it all seems pointless. The court has added on costs which could have gone to them to pay off the loan??

[underdog13]

Wait for advice from more experienced caggers before you admit to anything, Notty.

 

Sorry I don't have the legal expertise to advise, but I'm sure someone will be along soon - if not, you can click on the red triangle in the bottom left hand corner to alert the site team.

 

Best of luck to you:)

[robcag]

Wait for advice from more experienced caggers before you admit to anything, Notty.

 

Sorry I don't have the legal expertise to advise, but I'm sure someone will be along soon - if not, you can click on the red triangle in the bottom left hand corner to alert the site team.

 

Best of luck to you:)

 

Excellent advice from UD13, just make sure you acknowledge the claim before the deadline, which will then give you a further 14 days to submit your defence, even if only a 'holding defence' if you are not in receipt of required documents requested. If the claim is from Northampton you can do all of this online, just make sure you opt to defend all of the claim, you can always retract that later if necessary.

 

Cheers

Rob

[Notty]

Thanks underdog13. I am getting a bit worried as I have just read on debtline that a judge can order the full amount is paid and if you cant pay it (which I cant) then they could apply for a charging order and maybe make you sell your house. It is all very confusing and I am at a loss at what to do next.

[robcag]

Thanks underdog13. I am getting a bit worried as I have just read on debtline that a judge can order the full amount is paid and if you cant pay it (which I cant) then they could apply for a charging order and maybe make you sell your house. It is all very confusing and I am at a loss at what to do next.

 

Well as you can't be sure that the DN was sent 1st class, and there's a good chance it wasn't, rather than give them the benefit of the doubt, challenge them to prove how it was sent. In the absence of proof that it was sent 1st class, it will be deemed to have been sent 2nd class, thereby not giving you the statutory 14 clear days to rectify and a good defence against the claim.

 

I would start with a CPR (31.??) request for further information (proof that a DN in accordance with ss 87,88 was sent, i.e a copy of the DN and proof of postage), together with any other relevant documentation you (or anyone else) can think of. You need to do this ASAP.

 

Sorry I can't help you with that as I'm rather busy on my own account but I'm sure someone else will be able to assist.

 

Cheers

Rob

[underdog13]

Thanks underdog13. I am getting a bit worried as I have just read on debtline that a judge can order the full amount is paid and if you cant pay it (which I cant) then they could apply for a charging order and maybe make you sell your house. It is all very confusing and I am at a loss at what to do next.

 

You're welcome, Notty:)

 

I can understand why you are worried, but I would be surprised if a judge was that unreasonable - worse case scenario, you present an income and expenditure form and the court decides what instalments you can afford to pay.

[Notty]

After watching the channel 4 programme last night it hasn't done anything to calm my fears. I am very worried that they can put a charge on my house. If I send the CPR will they have to prove postage? Also if I admit and offer to pay them monthly, if the court agrees, will I have to attend the court? Someone on CAG said you always had to go to court? Can someone please advice me what is the best course of action. I am so worried I am not sleeping much and it makes it all seem worse.