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tedney

carter got CCJ on MBNA card, can they now change the judgement?

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Hello

I had a CCJ against me for an unpaid credit card debt in July 2007.

 

 

An order was made by the court,

and a subsequent variation order,

at my request, as the palintiff had already agreed a monthly payment arrangement prior to the original judgement being made.

 

I have kept to the terms of the variation order, and have never missed a payment.

 

I have in the last week or so been telephoned by the solicitor who acted for the claimant in 2007, who was not the original OC.

 

I have not spoken to them.

 

My concern is:

Can they apply for a further variation?

My financial circumstances have not changed since the order was made.

 

Any advice would be helpful.

Thanks

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They can apply, but that doesn't mean they would get it. There's really not much else I can advise unless/until you get something in writing from them.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Its Up To The Court To Decide

 

Not Any Solicitor

 

Agree To Nothing

 

Seems They Want You To Up The Repayments And You Will Then Go Short

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OK, Thanks reallymadwoman and postggj, I will wait for something in writing, and see what they want. I will not agree to any changes!

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All they can do is apply for a redetermination hearing and the court will tell you what to pay.

 

Are you sure that they got judgement on an enforceable debt?

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All they can do is apply for a redetermination hearing and the court will tell you what to pay.

 

Are you sure that they got judgement on an enforceable debt?

 

 

Thanks, probably not, but I do not really know:oops: original debt was with Virgin/MBNA then assigned to Arrow Global, but I was not told by MBNA, quote from Arrow letter "MBNA Europe Bank Ltd has now assigned to Arrow Global LLC..............who is now the data controller...................We have appointed Fredrickson International Limited to manage your account, and they have placed the account with their solicitors Bryan Carter & Co" All this was in one letter!

I did not know of this group when I fell behind with payments, debt includes at least £475.00 of charges. I have not yet got my head around if I can reclaim, and original credit agreement etc.

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You have a number of option. What I would do is issue a CPR request This thread will get you started:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

to find out if they have an enforceable agreement and that the DN was correct.

 

Your other options would be a CCA request to the DCA or a SAR to the OC.

 

whatever you do you have nothing to lose by getting them to prove the debt is legally enforceable - they already have the CCJ.

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What Needs To Be Sent Is An Sar To The Original Creditor

 

A Cca Request Is No Good As A Ccj Has Allready Been Granted

 

On The Condition Of The Documents And There Failings Will Decide If We Go To Set Asside The Original Ccj

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What Needs To Be Sent Is An Sar To The Original Creditor

 

A Cca Request Is No Good As A Ccj Has Allready Been Granted

 

On The Condition Of The Documents And There Failings Will Decide If We Go To Set Asside The Original Ccj

Ok Thanks, So I will send a SAR to Virgin/Mbna at their address shown on thier statments , is that correct please:confused:?

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Thanks again postggj, recorded, unsigned letter going today!

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Ok Thanks, So I will send a SAR to Virgin/Mbna at their address shown on thier statments , is that correct please:confused:?

 

If you do this make sure that you specify that you want all documents - cca , dn, comms log etc not just statements. There is a tendency to just send statements in reply to a SAR if your dont.

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Thanks hungrybear, yes I am going to use a template for all info including the items you mentioned. Regards

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Did you receive the original claim form from Bryan Carter? Did he claim the full amount of the debt, or just part?

 

He also has a habit of issuing claims at the 'last known address' then mysteriously finding out where you live when default judgment is entered. More info on the original CCJ would be really useful, eg. did you defend, etc. Who knows - you may be able to get it set aside.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Did you receive the original claim form from Bryan Carter? Did he claim the full amount of the debt, or just part?

 

He also has a habit of issuing claims at the 'last known address' then mysteriously finding out where you live when default judgment is entered. More info on the original CCJ would be really useful, eg. did you defend, etc. Who knows - you may be able to get it set aside.

 

Yes original claim issued by Bryan Carter on behalf of Arrow Global was for full amount of debt, including charges and interest. Claim originally issued via Northampton Bulk Centre. I defended, I cannot lay my hands on all documents at present, but at the time, CAB was helping me, and they obtained, prior to the judgement, an agreement for monthly payments, which I have, and still am keeping to. I did not attend court hearing, when judgement was given was for full payment, I applied for, and got, a variation order from the court agreeing with the monthly payments.

The only other "funny" is that the payments were, and still are, being made to Virgin/MBNA. I wrote to Carter requesting their bank details at the time of the variation order, but never got a reply! All my correspondence was sent recorded delivery.

Thanks

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Yes original claim issued by Bryan Carter on behalf of Arrow Global was for full amount of debt, including charges and interest. Claim originally issued via Northampton Bulk Centre. I defended, I cannot lay my hands on all documents at present, but at the time, CAB was helping me, and they obtained, prior to the judgement, an agreement for monthly payments, which I have, and still am keeping to. I did not attend court hearing, when judgement was given was for full payment, I applied for, and got, a variation order from the court agreeing with the monthly payments.

The only other "funny" is that the payments were, and still are, being made to Virgin/MBNA. I wrote to Carter requesting their bank details at the time of the variation order, but never got a reply! All my correspondence was sent recorded delivery.

Thanks

 

Sounds to me as if Bryan Carter didn't abide by this agreement, which is perhaps a reason to get the judgement set aside?

Have a very good look for that paperwork and if necessary go and ask CAB for a copy of their file.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Just sorting my files, and noticed that I received a back dated DN from a DCA "acting on own behalf as assignee, and on behalf of MBNA who is still original creditor. It was back dated over a year!

What, if any are the implications of this, does anyone have any views?:confused:

I have been paying monthly amounts, under an agreement, to the DCA.

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Hello Tedney!

 

Do you have the original? i.e. the one that MBNA sent you.

 

I would send a SAR to MBNA, ask for everything, and wait to see what comes back.

 

Do ask MBNA for their Client Log, or what ever it is they call it. That should show when any Default Notices were sent, although MBNA have been known to edit this...usually badly, and the edit stands out.

 

Also, what are the figures on the two Default Notices? You may be able to catch them out on the maths. The bogus Notice should stand out, because the figures should not stack up, depending on if the Agreement was still live at the time, and interest was being added.

 

You can, say, pick the genuine Notice, and work back from that, taking off Interest to establish what the balance would've been when the bogus Notice was supposedly created. If you have Statements from that time, showing a balance widely different to the bogus Notice, that too will rip apart its credibility.

 

The DCA will no doubt claim it's a typing mistake...or some twaddle like that.

 

So, don't say anything to them, just yet, and gather evidence. Then sit back and wait to see where the DCA and/or MBNA are going with this.

 

I hope this helps.

 

Cheers,

BRW

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Hello SD and BRW

Yes, SD it is Link! How did you guess!

I did not receive a default notice from MBNA merely a letter stating "Outstanding balance due has been sold to Link Financial whose address is...........all enquiries, including accurate balance information and future payments, should be made directly to Link" No balance was indicated on this letter.

Link wrote 20 days after saying "MBNA has now assigned to Link the outstanding Balance" Link provided a balance on this letter

Before this happened, (and just before I found this site) I had written to MBNA and made a nominal offer of monthly payments, which they ignored, but accepted the payments.

I made same offer to Link, who accepted, and I am still paying Link.

I have not yet checked the statement balance due as at when I stopped using the card, but some sums were added from MBNA whilst they were sending their demands, and my offer to pay was ignored.

However, the sum on the default notice is approximately £140 lower (:() than the sum Link provided when they initially wrote (letter dated 7 days after the back dated DN)

They seem to be juggling with the figures and dates (for confusion?) as I have also subsequent to the DN received a statement, which indicates just one month payment difference for the default sum, but, in effect (because of the back date of the DN) 18 monthly payments have been made since the DN date given (DN backdated 18 months from issue)

Another confusing issue is that the default notice states "We, Link Financial give you notice of default, acting on our own behalf as assignee of the benefit of the abov referenced agreement, and on behalf of MBNA to the extent that they ar still a creditor." and yet, on a recent check of my credit file, both MBNA accounts I had are marked Closed, but shown as "defaulted" one month before the back dated DN but I have never received such a notice.

I have sent an SAR to MBNA for another account, so they may send info on this too 40 days is about up now.

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Hi tedney , usual link tactics gave it away . Have a look at other posts on here involving MBNA and LINK and you will see what I mean. There is a long but good post involving Diamondgirl if I remember correct , have a look at it as I am sure that Link done a mass mailing of default notices on MBNAs behalf.

sleepingdog

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Hi tedney I've just looked myself and the poster was in fact angry cat not diamond girl as I had previously suggested

sleepingdog

Edited by sleepingdog
to correct posters i d

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Hello sleepingdog, Thanks for that, I will have a look today.

tedney

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I have a CCJ for a debt,

 

 

originally with Virgin/MBNA for a credit card.

 

 

Court proceedings were started by Arrow Global LLC, and judgment was in their name.

 

At time of issue, I did not know about this site and all the help available.

 

The judgement was for monthly sums, worked out by DMP prepared by CAB on my behalf.

 

I have been paying the monthly sums for some time now, years, without missing.

 

I have now received a "Notice of Assignment" saying that Arrow have now assigned all of its resepective rights,

title and interest to Arrow Global Guernsey limited.

 

 

The letter states that current arrangements in respect of such account shall remain in place.

 

My questions are

1) Should I be concerned.

2) I have not questioned the amount owed, can I claim back charges?

3) Can they add interest to the judgment amount?

(The court form N35 for this states "where judgment was entered for £5000 or more (It was more!)

or is in respect of a debt which attracts contractual or statutory interest for late payment,

the claimant may be entitled to further interest"

Thanks

t

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