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MBNA/Optima legal CCJ/CO - now threat of Order of sale


Axiom99
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MBNA sent me a copy of my agreement in response to a CPR request and it has no signature,it just appears to be an application form.

There is some doubt as to whether the original application was made online and they may try to argue that in this case if they can prove the application was made on line they would not have a signed document and therefore have no need to provide one .

Can anyone help with advice particularly as to how things are regarding online applications and the need for a lender to provide a signed agreement in the event of legal action.

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what is the date of the agreement?

 

The original credit card was taken out in June 2006,how is the date relevant?

Also I have seen lots of posts from you and you obviously have a wealth of knowledge,is there any chance you can take a look at this other thread of mine it would be greatly appreciated.

 

http://www.consumeractiongroup.co.uk/forum/repossessions/253568-need-help-application-set.html

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its relevant because of the Electronic Comms order which allowed agreements to be concluded electronically

 

 

Ok thanks so given the date can you determine whether they would have to produce a physical copy?

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  • 4 weeks later...

I have seen mentioned several times in other threads that lenders are now not able to obtain orders for sale on properties where they are pursuing an unsecured debts under 25k.

Can anyone provide information as to if this actually true then how it came about,ie has there been a change in the law,is it just guidance and can anyone refer me to some supporting documentation.

I have had a CCJ and charging order on my property and the solicitors for the lender are now threatening me with a charging order as I am out of work and can not pay them what they want.

Please help

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This is an idea which is being mooted by Government. It's not law, and I'm not sure it will be for a long while - if at all.

 

What is your precise situation, I might be able to help!

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Hi Sequenci,

Thanks for your comments.

I had an MBNA card and was unable to keep up the payments and they obtained a CCJ and then a charge over a property owned jointly by me and my girlfriend.

Optima legal are now chasing for repayment of the debt and threatening that they will apply for an order for sale on the property if I do not pay.

I am out of work and relying upon my girlfriend but have no money to pay them- can they force the sale of a jointly ownned property to pay debts which are only the responsibility of one of the owners ie me?

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Usually in a jointly owned 'family' home a creditor would not be able to obtain an order for sale easily due to the fact that the interests of the children would far outweigh that of a charge holder. In your situation it may be a little difficult, a creditor may be able to try and force the sale. These orders are still quite rare though. What you could do is make an application to the court to vary the terms of the charging order, you could ask the court to consider allowing you to make a small monthly instalment payment, and providing you keep up with these instalments the creditor would be prevented from making that application for the order for sale.

 

More info here:

 

National Debtline England & Wales | Debt Advice | Factsheet 08 Reducing Payments Or Suspending A Bailiffs Warrant On A County Court Judgment

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

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  • dx100uk changed the title to MBNA/Optima legal CCJ/CO - now threat of Order of sale
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