Arrows/Carter CCJ - old MBNA Virgin Card

[AndyOrch]

Mmmm......I will retract my last  post now we have all the story 

[tedney]

For the confusion!

I must look out my old files.

My question now is, if the agreement is/was unenforceable can I go back to anyone - court-carters-arrow and seek a remedy,?

I understand that I should not stop paying as subject to court.

Interestingly this court judgment has, to my knowledge, never been recorded on my credit files.

Once again sorry for mix up.

t

[dx100uk]

it wont show anywhere not as the CCJ is over 6yrs old and will be removed from all records.

the fact the CCA might be unenforceable, is sadly irrelevant if judgement has been attained.

have you moved since this CCJ was attained and never updated anyone?

ever get any statements? or have sent a recent SAR to MBNA...if that's who you pay too?

 

[tedney]

Hello Again

Responding to previous post.

I think I am confused and have caused confusion!

I had 2 cards with MBNA.

I think only one was subject to CCJ, and that was not the Virgin Card.

Thus the Virgin card, I don't think had a CCJ.

I have looked through all the documents from MBNA sent in 2016 in response to SAR and nowhere refers to a CCJ,

just says the account was charged off in February 2007,

and sold to Arrow in March 2007.

That would explain why a CCJ did not ever, even within 6 years, show on my credit file.

I have not moved house in over 20 years!

I have not received any statements from MBNA since 2007.

The SAR info provides a Transaction report which shows payments made up until February 2013.

The SAR is dated January 2016.

No recent SAR requested.

As my previous post,

the transaction report shows my payments in and straight after each payment there is a "Monetary Debt Adjustment" entry for the same amount out!

So I am thinking to action an SAR now?

[dx100uk]

the CCJ will not show on MBNA SAR as they did not attain it.

carter for arrows got the CCJ and if you re-read this thread from post 1

and you did an N245 to vary it!!

dx

 

[tedney]

Update

Arrow's in house solicitor drydensfairfax have offered a 50% discount on the debt and "where the account is reported to the CRA's your record will be update as "Partially Paid""

As this account is now over about 13 years since CCJ. and not shown on any records, If I pay the 50% should I be asking for any document or do I write to the court to mark as settled as agreed?

 

[dx100uk]

you don't pay anything why?

 

dx

 

[tedney]

Because CCJ said to pay debt by instalments, but now Solicitor for Claimant is prepared to accept 50% "in settlement and to clear the account balance"

[dx100uk]

which if i read the thread correctly had about £500+ of unlawful penalty fees + the interest at MBNA's card rate of approx 30% int them...which inflated the CCJ sum?

so drydens are giving you those as a discount i wonder, because if they did try to enforce the CCJ they'd be up a creek?

how much is left to pay now? without the 50% discount. and does that match up to the outstanding sum which was agreed on your N245 you sent it in?

sad that CAB caused you to lose to carter....

[tedney]

just checked through the file.

CCJ, inc court fee and sols fee £12,284.30.

Left to pay £8402.57,

Drydens say £8260.61 o/s, so less than my calcs, which I know now are correct.

 

they are offering slightly over 50% off.

Yes sad about carter and friends!

[dx100uk]

£12k god!

you sure only a few £100's are charges? thats rare for an MBNA card when's it from?

 

not sure what real help paying it off will do you.

ok it'll be gone yes,.... but that money (if you have it anyway) could be better spent, they'll probably offer a larger discount if you just continue paying as you are.

i bet they know they have zero real chance of enforcement at this age and you might even have a chance to counter the CCJ if they did got to court and try as few carter claims were ever legit.

 

how did you lose? did you not challenge the agreement, most MBNA stuff is crap...or was it judge lottery.?

 

 

 

 

[tedney]

Double checked the charges, £225 charges @ £25.00 each plus £180 charges @£12.00 each.

This is the first offer I have had since  CCJ of July 2007. No statements received, but I know monthly payments made.

on checking my files:

Original CC claim issued 8/06/2007. I acknowledged 26/06/2007,

with intention to defend and contest jurisdiction, claim issued from Northampton,

Original CCJ issued 3/07/2007 for full payment forthwith and saying I have not replied to claim form.(I had!)

I offered instalments of £24.89 per month, which Carters confirmed was acceptable on 3rd July 2007.

 I then completed form N245 form on 20th August 2007, and court issued Variation order for monthly instalments on 7/09/2007.

I did not challenge the agreement, CCJ was "rushed through".

Monthly Payments have all been made to Virgin/MBNA

I had a lot of debt issues going on at that time, Your "Judge Lottery" description is probably accurate.

Not sure of the process if I stop paying now. I suppose they will go back to the court?

[AndyOrch]

Quote

Not sure of the process if I stop paying now. I suppose they will go back to the court?

 

Well considering you have never paid  Arrrow/Drydens...the CCJ is too old to attempt further court recourse. Virgin/MBNA do no have a judgment so little they can do.

 

And furthermore I would possibly consider requesting all payments returned made to Virgin/MBNA given that the debt was assigned to Arrows and they are the legal owners of the debt.

 

Andy 

[dx100uk]

good spot...if who have gotten the payments is true.

shouldn't of paid carter a penny from day one anyway..

[AndyOrch]

Shouldn't have paid Virgin/MBNA.......Arrow are the judgment claimant and its normal process to pay the Solicitor......I.E. Carter....now Dryden.

[tedney]

Was paying Virgin instalments before Claim issued, but nominal £1

 

1st August 2007, when £24.89 monthly payments commenced, before Variation Court Order of 7th September confirming £24.89 payments.

 

I have never had payment details sent to me for Arrow or Carter.

I have letters from Carter saying I am paying them, but I never have!.

 

According to SAR info from MBNA, account was sold to Arrow on 6th March 2007.

 

Have paid Virgin monthly since, as confirmed in SAR's from MBNA.

[AndyOrch]

wonder if Virgin are passing the payments to Arrow ?

[tedney]

Hello Andy

Please see post 35 on here.

Although no actual statements or "proof" of where payments end up, but Transaction info from MBNA SAR has "payment thank you" on monthly dates, and "payment adjustment" cancelling the payment after each PTY entry.

 

Current balance info from Drydens is actually less than my records!

I have record of asking for payment details from Carters, but none were replied to!

[AndyOrch]

Must be they are passing payments to Arrow....might be worth a DSAR to Arrow ?

[tedney]

Hello Andy

Yes, they must be getting payments as letter from Drydens with offer shows bfull alance actually less than actually owed as at the date of their letter, and last SAR to MBNA shows "Sale of Debt Adjustment" after each monthly credit, and as sold to Arrow they get the payment!

Time for deciding on paying 50% debt nears

[AndyOrch]

Thats a decision only you can make.....I personally would continue to pay them on the drip

[tedney]

Thanks Andy

A downside of continuing paying is I am not getting any younger! If I die (I stress I am not intending to just yet!) before paid off, I would not want to leave thinking that Drydens etc, might get my executors to pay the full amount.

 

As you may be aware, I do have a few drip payments live at the moment, all dating from 2007, which may not be easy for executors to handle, especially the second charge on the house following a Statutory Demand, but I have paid some off of the original debt shown on the SD.

[dx100uk]

pers i think you should re visit every debt.

 

only you on the deeds?

[tedney]

That's a good idea DX. Can I list all on this thread, or start a new one, if new, where to post please? All have different factors, only one other is subject to. CCJ, and another has a second charge on the property.

Yes only me now on the deeds, my wife died just over 3 years ago. Mortgage and Land Registry details have been amended.

[AndyOrch]

Anything secured against your property must be dealt with CCJ wise...anything else dies when you pass if you leave no estate.