Link Claimform - old mbna debt

[equinox747]

hi, can anybody help,

got a claimform from link: who i have cca'd and got a copy of my agreement with mbna: all looks ok, except for perhaps mbna signature not on it: but it might be at the top of the cca:

my question is,

do i ask for it to be transferred to my local court or just admit it:

me thinks it would be hard to prove it wasn't o.k.

should i just send in the income and expenditure form together with an offer of £1. or ask for it to be moved to my local court:

and does this mean that link can now slap 8% per annum onto the debt?

[cerberusalert]

Post moved and new thread started.

[cerberusalert]

If the only fault with the CCA is the lack of their signature I'm afraid a court will still see it as enforceable I'm afraid.

[equinox747]

hi,

just reading these threads,

i too got a ccj from LINK

, i admitted the amount, as they had a water tight CCA, from MBNA,

they set a determination order for £251 per month,

i'm on pension credit,

sent them all my income and expenditure, together with a list of my creditors: and an offer they just ignored it and went straight for the jugular:

sent a re-determination letter off to the court S.Delivery, the following day:

phoned the court they said it would be about 3 weeks before i hear from them, and that a hearing would be transferred to my local court being Liverpool.

in the meantime managed to find a legal aid solicitor, going to see them on thursday: and will be taking all the info' from this forum, with me,

i sent off a Subject Access Request straight away to LINK, they got it today.

any advice would be appreciated: will keep everybody informed as to how i get on. thanks

[nicolee2931]

I don't really know what you could do, i know you have sent a SAR to Link but have you sent one to MBNA as well? If not I would get one sent off and see what comes back then compare the two and check to see if there is a discrepancy in the amounts claimed as this could render any default notice on which the original case was based invalid.

But I think the first priority is to protect the roof over your head, not sure how to do this. Best thing to do is contact one of the site team and get your own thread started with all this info in one thread as things can get confusing when threads go off on different tangents.

[pumpytums]

Hi equinox I just picked up your thread from one I'm subscribed to.

 

The statutory interest should not be applied to agreements that come under the consumer credit act 1974 :

 

The County Courts (Interest on Judgment Debts) Order 1991 si1984

 

The County Courts (Interest on Judgment Debts) Order 1991

 

2.—(1) Subject to the following provisions of this Order, every judgment debt under a relevant judgment shall, to the extent that it remains unsatisfied, carry interest under this Order from the date on which the relevant judgment was given.

 

(2) In the case of a judgment or order for the payment of a judgment debt, other than costs, the amount of which has to be determined at a later date, the judgment debt shall carry interest from that later date.

 

(3) Interest shall not be payable under this Order where the relevant judgment—

(a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974[2] ;

(b) grants—

(i) the landlord of a dwelling house, or

(ii) the mortgagee under a mortgage of land which consists of or includes a dwelling house,

 

a suspended order for possession.

 

Sink always try this one on.

 

Send a SAR to MBN@ as well I understand you have sent one to Sink.

 

Pumpytums

[BuzzMan]

2.—(1) Subject to the following provisions of this Order, every judgment debt under a relevant judgment shall, to the extent that it remains unsatisfied, carry interest under this Order from the date on which the relevant judgment was given.

 

...

 

If the termination notice is sent on date A and the judgment is entered on date B but you don't pay up till date C, the period between A and B can carry interest, but not between B and C but only if criteria in 2(3) is met.

Edited June 3, 2010 by BuzzMan

[pumpytums]

Hi Buzzman,

as it's MBN@ it's either a loan or Credit card so they should both be covered by the CCA 1974 and hence as you pointed out 2(3a) excludes interest.

 

I hope that's right it's how I have always read it.

 

Pumpytums

[BuzzMan]

Hi Buzzman,

as it's MBN@ it's either a loan or Credit card so they should both be covered by the CCA 1974 and hence as you pointed out 2(3a) excludes interest.

 

The statutory instrument precludes the courts from awarding interest on judgment debts not on debts themselves if 2(3) is met.

[pumpytums]

From what I understand and many others far more clued up than my self :

 

"The Claimant pleads that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;"

 

If judgement goes against you then surely its a judgement debt. If the debt allows for it they can add contractual interest after judgement, but this should be mentioned in any default notice.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/255469-new-pending-court-action.html

 

Pumpytums

[BuzzMan]

I think you are confusing judgment as a result of debt and debt as a result of judgment.

 

A once a judgment debt is entered, if 2(3) is met, the claimant would not be entitled to any interest on the entered amount. However, the amount entered can contain original debt + §69 interest up to the date that the judgment is given.

[pumpytums]

I think I just confused myself too.

 

I found the following link that confuses me even more.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/252580-s69-interest.html

 

(4) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

 

So I think you are correct, you need to have a termination notice. If you don't have a termination notice the agreement endures and hence they could still be charging interest.

 

So to sum up s69 can apply providing the CCA 1974 agreement has been terminated. So from termination to judgement s69 apply's but not post judgement.

 

Sorry for dragging that out I have learnt something too.

 

Thanks

 

Pumpytums

[BuzzMan]

So to sum up s69 can apply providing the CCA 1974 agreement has been terminated. So from termination to judgement s69 apply's but not post judgement.

 

That is my interpretation, yes.