Unenforcable agreement - CCJ

[hellsbells67]

Please can someone advise me.

 

We have been in a DMP with Payplan for the last year but 1 creditor namely MBNA, refused to agreement, they have sine sold off the debt to another co. called Arrow Global who to have refused to the agreement and have now taken it through the courts.

 

The courts have issued a CCJ and ordered us to pay £250, which we cannot afford, after reading many things on the forum about unenforcable credit agreements, how do I find out if this card qualifies, as it was definately taken out prior to 2006 :-|

[dx100uk]

were you posted any letter prior to the court case?

did you know it was going to court?

 

dx

[hellsbells67]

Neither us or our DMC (Payplan) received any communication from DCA, after they took over from MBNA, just took it straight to court, we are now trying for re-determination.

 

We pay Payplan £550 per month and the DCA are stating they want £250, there are another 14 creditors to also satisfy, and what's to stop them taking the same action.

 

I need to know whether it is worth starting the ball rolling to find out if the MBNA credit card is classed as an un-enforcable debt, and if it is how do I stand considering it now has a CCJ on it

 

Hellsbells67

[ZENTRIX9]

You need to find out if the debt is enforcable. From what I understand they will have to produce the original document in court to give you a CCJ. They may be using scare tactics on you to get you to pay. The best thing is to get a true copy, use the SAR route otherwise they will send you a reconstituted copy which they can make up from fresh air! It will cost you £10 and send it recorded delivery and DONT SIGN the letter.

[dx100uk]

redetermination?

i'd get this set aside

you got no prior warning to allow you to defend

 

as for the CCA..makes no odds sadly, once you have a ccj, that becomes the new agreement zen.

 

get the ccj set aside, plenty of threads to help on here , just use our search for

set aside a ccj

 

dx