Help wanted.Restons / CCJ

[ianjen]

Hi we are new to this forum but unfortunately not new to debt problems! We are currently on a DMP with the CCCS which has been working fine until the MBNA instructed Restons Solicitors to gain a CCJ on the outstanding debt, even though we were paying them monthly on our DMP.

 

All our other creditors have been really good and accepted the DMP by the CCCS. We feel really annoyed that this has not been the case with the MBNA as initially we were making payments to all creditors albeit with a struggle until they (MBNA) put up their interest rate to 37%APR. Which is what tipped us towards the CCCS. We now feel that they are using the bully boy tactics to jump the queue for payment and even though we agree we have got ourselves into this mess, we now begrudge paying them. They are the only ones that have given us a hard time, telephoning us and generally trying to get extra money above the agreed amount set by the CCCS.

 

Anyway, back to the CCJ - the case was heard at Northampton CC and it was agreed that the payments would stay the same as the DMP. However, we have now received a redetermination by the claimant to our local County Court. A date has yet to be set. It is not our intention to avoid this debt as at the end of the day we have spent the money, but if they want to be difficult then we can to (if possible anyway)

 

We have noticed that on some of the forum threads that advice has been given to ask for a CCA, what we would like is maybe a bit of information or advice if this would help our case. Any help would be greatly appreciated.

 

Many thanks in advance

 

Ian and Jen

[ianjen]

Help! We have dropped a major clanger and are hoping that someone out there can throw us a rope!!

 

We have recently received a CCJ via Restons/MBNA/Northampton CC. Having read threads on this site, we realise now that we should not have admitted liability for the claim without asking for the CCA etc from Restons/MBNA.

 

Is there any way we can get the judgement set aside and with our new found knowledge contest this CCJ??

 

Regards

 

Ian

[supasnooper]

You would need to request a set aside of the CCJ which would take the claim back to the point of Restons having submitted their claim to Northamton CCBC

 

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

[ianjen]

Hi - thanks for the links.

 

We have read through Spamalots case and there are some similar issues to ours.

 

Action we are taking:

 

Request to Restons Solicitors for a CCA

 

Request to MBNA for a Subject Access Request

 

Both using the templates found on the site.

 

Our only concern is because Restons have gone for a redetermination to our Local County Court, what happens if the redetermination date is set before we receive the information requested from Restons and MBNA.

 

Do we still need to request for a set aside to the Court - can someone confirm we are taking the right actions as we want to post the requests tomorrow.

 

Many thanks Ian

[MARTIN3030]

Welcome to the site.Will move your thread and re-title.I am sure you will be advised on all that you seek answers to in your post here.

[MARTIN3030]

Did you attend the original hearing ?

If the Court was minded to keep the repayments in place,then it is likely that any redetermination will arrive at the same conclusion.

It is more difficult now to challenge the debt by relying on MBNA being unable to comply with a request under the CCA,because the CCJ has been entered,and also given your DMP in repaying it.

How old id the debt ?

When was you defaulted ?

[supasnooper]

Send a CCA to MBNA as well..........I doubt that restons would hold a copy of the CCA.

 

You must request the set aside ASAP.

 

If Restons hearing is heard before your set aside application then it is another hurdle to clear.........

[ianjen]

Thanks will do one to the MBNA also.

 

So on what grounds to a do a set aside - really confused

 

Because we have admitted the debt we really do not know what to put on it - sorry but can you assist??

[supasnooper]

Were you aware of your legal rights ?

 

Did Restons/MBNA supply the required documentation as required ?

 

Did you feel coerced by the letters Restons sent to you regarding the alleged debt ?

[maroondevo52]

Threads merged.

 

ianjen, please stick to the one thread regarding this matter, makes it easier for people to help.

 

Regards.

 

Scott.

[robcag]

I'm not sure exactly of the best way to go about this, but if you are opposing Restons re-determination application, then you could inform the court that you are intending to apply for a set aside and request that enforcement of the Judgment be suspended pending the outcome of your set aside application and/or that Restons application be delayed.

 

As I say, I'm not quite sure about how you would go about this, but it might involve making an application of your own, or it may require you to submit your actual set aside application.

 

Hopefully someone else will be able to clarify the issues here.

 

Cheers

Rob

 

PS

Reply typed at the time threads were being merged !!!

[sleepingdog]

Hi ianjen , make sure that you turn up at the court date, it is quite likely that if you get a good judge that the determination order is thrown out. bring evidence that you have paid payments set by court on time. bring evidence that your other creditors have accepted payments without court action. All the judges that I have come across so far have been very fair if you can prove that you are doing your best towards your debts and that a creditor is being greedy and using the courts to get ahead of other creditors. I will keep an eye on your thread and try to help if I can. The main thing is don't worry ,a lot of people on this site found it though MBNAs tactics myself included.

sleepingdog

[ianjen]

Hi thanks for merging the thread we will use this one now.

 

In reply to Martin3030 - no we did not attend the original Court Hearing - this was done at Northampton and we were never given a date for the hearing.

 

The debt was defaulted on the 4th December 2009. We made the first payment via the DMP on the 1st August 2009.

[ianjen]

In reply to Supasnooper - no we were not aware we had any legal rights i.e. requesting CCA etc. We were advised by the CCCS to complete the summons forms and send off ASAP and admitting the amount.

 

As regards to paperwork received:

 

Default notice was dated for both cards - 4 December 2009 requesting for an arrears payment to be paid by the 21 December 2009

 

On the 5 January 2010 notice received from Restons demanding full payment of both debts by the 19 January 2010

 

On the 22 and 27 January 2010 summons received from Northampton CC filled out as per advice from the CCCS and returned.

 

10 Febuary 2010 received Judgment for Claimant received instalments the same as the DMP - only thing added were the court costs of £345 to each debt.

 

This weekend we have receive redetermination to our Local Court the date to be advised.

[MARTIN3030]

Ok.

You have lots to think over now then-given the response here.

I agree with getting everything together to show that you are willing to pay,and your ability to do that.

You have to decide whether going for a set aside here to challenge the authenticity or legitimacy based on the CCA request options will not backfire.

Whats the date for a redetermination ?

[MARTIN3030]

Sorry our posts crossed-I see date is to be advised.

[ianjen]

Hi Martin3030 - we do not have a date for the redetermination as we only received it this weekend. If only we had found this site before we signed the admission!!

[ianjen]

Do you think it is worth doing a set aside - what could go wrong??

 

Does anyone know why they would go for a redetermination? Would they be trying to get interest on the debt??

[robcag]

 

As regards to paperwork received:

 

Default notice was dated for both cards - 4 December 2009 requesting for an arrears payment to be paid by the 21 December 2009

 

 

According to the dates you have given above, even if posted 1st class, the DNs were invalid. Therefore if the alleged agreements were terminated as a result of these DNs, they were done so unlawfully, and the claimant did not have a cause of action.

 

You'd have thought they would have learned by now! Just how dumb are they?

 

Cheers

Rob

[MARTIN3030]

They are probably hedging their bets-Northampton madfe the orders at the Courts own notion so no hearing.

They must think that a redetermination could give them more.

 

Theres time to get further comments and views-hopefully from anyone who has faced the same situ.

 

At the end of the day its down to the Judge,and we have seen instances where they have leaned towards the other side recently where there have been challenges made on agreements that have been subject to repayment plans.CMCs have a lot to answer for.

 

In one case the Judge asked the guy outright "did you spend the money ?"

are you saying you DIdnt have this money ? the guy spluttered yes-and Judge sided with the claimant.

Theres lots to consider here including the process leading up to the CCJ-were they done right ?

Only you can decide which road to go down-hopefully there will be more posts here to help you make that choice.

Edited March 2, 2010 by MARTIN3030
Typos

[ianjen]

If the DN's are incorrect could we bring this up in Court as a defence on the day?? Sorry really not up to speed how the Court proceedings would work

 

As you can appreciate we don't want to make matters worse and this is our greatest fear at the moment.

t

[sleepingdog]

ianjen, do you own your home ,if so they may look at you not attending again and getting judgement changed to forthwith ,this will then open the route for a charging order, something that Restons and MNBA seem to like.

sleepingdog

[MARTIN3030]

Yes thats a very good possibility.

[ianjen]

Yes we do own our own house.

 

So it maybe as well to attend court and see what happens??? We may get a 'nice' judge and see what they are really like??

 

Will the courts give us a chance to say anything at all in our defence??

 

We have sent off the requests for the CCA etc today anyway.

[MARTIN3030]

You will have every chance to speak-I have no doubt CAGGERS will prepare you and brief you.

Not only will you have chance to speak in your own defence,but also to ask questions.

 

We have encouraged our Court buddy arrangement too.

This means that if you would like-we can put out a shout for a more experienced member to attend Court with you.

More on that if you feel its something that you would like.