MBNA county court Summons " Help Please

[AndyOrch]

REFER TO SECTION 78 or 77. 78

Andy

[DizzieDiva2010]

Thank you i have just read the relevant info. When iv completed this mission i will spend time on here reading. I have a few debts and didnt realise how time consuming this could be. Never want credit again. Lesson learnt.

[DizzieDiva2010]

Iv sent the CCA guaranteed delivery. If I recieve a responce what am I going to get from this. I owe the money not happy about the interest but I'm concerned that I will loose my home if I don't pay all of it?

[DizzieDiva2010]

MBNA have already instucted that Restons solicitors apply for a charging order once they obtain the county court judgement. Therefore I will have a charging order against my house which is jointly owned with my ex partner whom I have nothing to do with.

[AndyOrch]

Iv sent the CCA guaranteed delivery. If I recieve a responce what am I going to get from this.A copy of your signed executed agreement with all the perscribed terms and if legible they have the right to enforce the debt I owe the money why are you defending then? not happy about the interest but I'm concerned that I will loose my home if I don't pay all of it?

wont come to that if they get a CCJ and you stick to the the payment/s no Charging order is possable.

Andy

[AndyOrch]

MBNA have already instucted that Restons solicitors apply for a charging order once they obtain the county court judgment. Therefore I will have a charging order against my house which is jointly owned with my ex partner whom I have nothing to do with.

 

If the Claimant is successful in obtaining the CCJ the order will be forthwith ie pay in one lump sum within a prescribed period,if you are not in a position to pay in one payment you apply for a redetermination order immediately (n245) and submit a I&E.The DJ will then set monthly payments for you if you ever default on this then the Claimant can apply for a CO but only if you default.Any DJ that allows application for CO on a redetermination order is infact breaking the law himself.

Regards

Andy

[DizzieDiva2010]

I'm defending part of my case because the debt has increased alot in interest. I informed them of my financial situation back 6 months ago of which they ignored me & have gone ahead with a court summons when I wrote to them asking to set up a payment plan with me of which hasn't happened because they didn't respond, unfair? I'm not sure if my agreement is enforceable, so I will wait to see their responce and take it from there. So if I defend all of my case that's basically denying I owe any money to them?

[AndyOrch]

So if I defend all of my case that's basically denying I owe any money to them?

 

Not necessarily, part admission usually ends up with the Claimant achieving the CCJ.Full defence is the only way to stop a CCJ by default.As you quite rightly state the unfairness of their behavior and issuing litigation in a hope you will not defend or partial defend could be construed as vexatious and form one of many reasons for defending a claim.

 

I trust that clarifies your concerns.

 

Regards

 

Andy

[DizzieDiva2010]

Can I change my plea as I want to prevent them getting a ccj & fight them on the grounds that the DN is flawed and I do not have the documents iv requested yet?

[AndyOrch]

Assuming this is a CCBC Claim(Northampton) you will need to log in and check your status,it may allow a change in your plea.if not ring Northampton (phone number top right tiny writing) quote your case number and explain.The staff are very helpful!!

 

Regards

 

Andy;)

[DizzieDiva2010]

Will do. The reason I entered this plea was because I was waiting for advice from CAB, time wasn't on my side & I hadn't heard from them. Therfore I thought it best at the time to defend part of my claim. When CAB finally contacted me, he said he didn't understand my reason for entering this plea as he doesn't believe I have a defence. Confused.com

[DizzieDiva2010]

I don't know If I want to continue with CAB as I don't feel they are on my side!

[DizzieDiva2010]

My DN is flawed, I have been treated unfairly I feel that I have to stand up for my rights as well as fight for other consumers. They shouldn't be allowed to get away with it.

[vint1954]

I don't know If I want to continue with CAB as I don't feel they are on my side!

They are not usually much help in these matters, especially if you are challenging a debt.

 

To be fair, you cannot expect them to have in depth knowledge surrounding all situations and they would be critisised for doing anything else than helping people cope with their debts.

 

If you take the legal route, you have 2 options. Defend yourself with support here or employ a solicitor.

[wycombe]

I agree with Vint - the 'official' channels are not much use if you want to contest a debt or stop a DCA from trampling all over you. They are good at arranging payments to your creditirs and coming to such an arrangement with those that are willing to compromise and give you a chance. But they are useless with the out and out predators as in our particular cases. I have been told by several of these helpful bodies that I really do not stand a chance in hell 'on technical points' of defending myself. So take all such advice with a pinch of salt!

[DizzieDiva2010]

Agreed. I will inform CAB of my decision to defend all of my case. I have searched for a solicitor and i am finding it difficult to find one that takes on debt or supports legal aid.

 

My County Court Summons issue date was the 23rd April, i submitted the acknowledgment of service on the 4th May 2020, i now have to submit my defence.

 

I sent the CPR 31.14 request and the Subject to Access Request on Monday 10th May 2010.

 

I would appreciate some advice with regards to writing my defence and what to put, i dont want it to be long winded but to be concise.

 

Also how am i doing with time?

[DizzieDiva2010]

I have already submitted that i am going to defend part of my claim, but want to change my plea to I AM GOING TO DEFEND ALL OF MY CLAIM.

 

Advice please, if i do this can i later change it back and admit to owing part of the debt?

 

Im going to search for a solicitor i think, im not sure about any of this, and dont feel confident but very nervous.

[wycombe]

Until you know what documents the claimant is going to rely on in court you can only produce/draft an embarassed defence. Your CPR requests should give you this information. Whilst waiting for a reply to your CPR requests have a look at a few embarassed defences and start drafting one that you can alter when and if documents are produced in response to them.

[AndyOrch]

I have already submitted that i am going to defend part of my claim, but want to change my plea to I AM GOING TO DEFEND ALL OF MY CLAIM.

 

Advice please, if i do this can i later change it back and admit to owing part of the debt? No you state in your defence that you do acknowledge the debt but for the following reasons you are defending the claim because A B C D etc

Im going to search for a solicitor i think, im not sure about any of this, and dont feel confident but very nervous.

Well if you are jittery now dont change your plea and let them walk over you after all that is what they will expect how dare a LiP defend a claim:rolleyes:

Just my opinion

Andy

[DizzieDiva2010]

I know where your coming from. If I understood the law It wouldn't faise me but I don't. I'm just beginning. Iv ordered a copy of the law book recomended on here hoping that helps me learn more. Also everybody on here has been fantastic. I'm going to follow my heart which says fight.

[AndyOrch]

Nothing to lose in Defending in whole Its your right as a UK citizen.

Its the only way to stop the CCJ by default, partial will allow them in and give rise of the option of applying for a CO later on.

 

Regards

 

Andy

[DizzieDiva2010]

That's exactly my thoughts. Once they get their CCJ they won't stop at that, they want a guarantee on getting their money back. Time to change my plea. CAB won't like it, they give me the impression that if you had the money you should pay it all back & the interest. Thanks Andy your a star.

[AndyOrch]

Nothing to do with the CAB, they serve a purpose but are out of their depth with regards litigation.Change your plea and start to draft an embarrassed Defence.Remember 33 days 5 deemed served 14 to AoS and a further 14 to submit your defence.

 

I wish you well with your case

 

Regards

 

Andy

[DizzieDiva2010]

Thank you

[DizzieDiva2010]

Are there any drafts on here for an "embarassed defence" to give me an idea?

 

I dont want the courts thinking im a laughing stock!