MBNA/link - Judgement awarded against me - can't pay!

[joan_of_arc]

Hi. I have received a court claim from Link, for an old MBNA account.

 

 

Ages ago I asked to see a copy of my credit agreement etc and they sent me, after months of waiting,

a crappy photocopy of something which says credit agreement on it.

 

They also sent me a letter stating they are charging me £102 for litigation fees, which they are required to do by law.

 

I guess as they have 'proved' the debt then I would be wasting my time trying to argue with them?

[joan_of_arc]

The documents are here...

 

 

[wycombe]

Who says they've proved anything.

 

You will need to scan and post up here copies of any documents you have received plus the Particulars of Claim on the Summons you received in order for an opinion to be properly expressed. Make sure you remove personal identifyers from anything you post.

[wycombe]

Your scans beat me to it!!

 

If that is all they have provided they don't have much to go on.

 

You will need to send off your Acknowledgement of Service to the court within the deadline otherwise they will get judgement by default.

 

To give yourself more time - defend in full. You can change your mind later if your later decide that is a better course of action.

 

Then, if you have not already done so, send a Subject Access Request to the original creditor (MBNA) with the payment of £10.

 

To the solicitors who issued the claim a CPR 31.14 for copies of the documentation they are going to rely on in court. (no payment required here).

 

Send everything Recorded Delivery and do not sign with your regular signature.

 

No doubt others will be along shortly with further advice and pointers.

[angry cat]

It would be helpful, if you could post up a copy of the County Court Claim Form that you have received in respect of Link.

[angry cat]

Hi. I have received a court claim from Link, for an old MBNA account. Ages ago I asked to see a copy of my credit agreement etc and they sent me, after months of waiting, a crappy photocopy of something which says credit agreement on it.

 

They also sent me a letter stating they are charging me £102 for litigation fees, which they are required to do by law.

 

I guess as they have 'proved' the debt then I would be wasting my time trying to argue with them?

 

Astonished, that Link appear to have proceeded to Court action on the basis of the torn off slip or form as posted up by joan of arc!

[wycombe]

Most such actions are won by DCA's by default. So even if a piece of toilet paper was presented as 'evidence' they would still win the majority of cases because they go through undefended.

 

Must be a good business ripping off the unwary as they do. Locally I know of several who have received summonses and just torn them up and thrown them away. Stupid but it does happen!

[angry cat]

Most such actions are won by DCA's by default. So even if a piece of toilet paper was presented as 'evidence' they would still win the majority of cases because they go through undefended.

 

Must be a good business ripping off the unwary as they do. Locally I know of several who have received summonses and just torn them up and thrown them away. Stupid but it does happen!

 

Yes, am aware of that fact...very sad:(

 

Hopefully, the original poster will return for further advice!

[42man]

JOA....what were the particulars of the claim ? - please do read this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[Guest Mrs Hobbit]

Report Link to the FSA.

[joan_of_arc]

Hi. I've posted on here before, but not for a while.

 

I have had judgement awarded against me in favour of a debt owed to Link.

The judgement is for the full amount, which I can't pay, and which is how all this started in the first place!

 

I phoned them up (withheld my number) and told them I couldn't pay it.

They said no worry, we'll send you a form to make an offer of payment.

 

Well, a week ago a form came but from the Court in Northampton, not from Link.

It's an N245 form, and says I have to pay the court £35 just to make an offer!

 

Am I going about this the wrong way?

 

 

All I want to do is offer Link an affordable monthly amount.

I don't recall that a fee is necessary from past experience,

but don't have the details of my previous case available

(my old posts on here seem to have vanished).

Can anyone advise?

[rebel11]

Hi Joan

 

I think theres certain people that need not pay the £35, if your on certain benefits.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_web_0709.pdf

 

http://www.hmcourts-service.gov.uk/infoabout/judgment/cannotpay/afford.htm

[cymruambyth]

Hi joan, I'm sorry to see you back with a question, bu it's also good to see you back, if that makes sense!

I believe you need to apply for a redetermination hearing to try an arrange affordable repayments. If you are on benefits etc you may not have to pay.

How is the writing going?

[joan_of_arc]

Hi cymruambyth, nice that you remembered me

 

 

The writing is going OK,

slow but sure and certainly isn't going to make me rich anytime soon!

 

 

I decided not to fight this one in court after last year's fiasco which was one of the most stressful experiences I've ever had to endure.

 

 

I would advise anyone to NEVER represent themselves in court.

It's like going to a foreign country without speaking the language and being expected to barter in their local dialect.

 

 

The entire justice system needs an overhaul,

 

 

in 2010 it is unacceptable that courts, judges and barristers are allowed to talk in a completely foreign language

to normal laymen in order to exclude us and thus maintain their superiority over us.

And of course I'll be putting it all in a book at some point.

 

 

A word beginning with "W" sums up the lot of them.

[AndyOrch]

Hi Joan I hope you are well (see you have not lost your sense of humor)

 

The N245 is the correct procedure and yes it does cost you £35.This is your redetermination application and if successful counters any application for a charging Order in the future, should you fail to maintain agreed payments set by the redetermination then the Claimant may use the option of a CO.

 

Regards

 

Andy

[joan_of_arc]

Hi Andy, many thanks I'm sending it off tomorrow

 

Then next week I'm going to spend a day claiming from all the credit card companies for unlawful charges. Got the back copy statements ready...

[underdog13]

Hi Andy, many thanks I'm sending it off tomorrow

 

Then next week I'm going to spend a day claiming from all the credit card companies for unlawful charges. Got the back copy statements ready...

Great to hear you are fighting back Joan I remember your case and how stressful it was for you - glad to hear you feeling better, now.

[rebel11]

Don't forget to charge them interest.

 

Hi Andy, many thanks I'm sending it off tomorrow

 

Then next week I'm going to spend a day claiming from all the credit card companies for unlawful charges. Got the back copy statements ready...

[joan_of_arc]

Sigh...confused again!

I have sent off the N245 to the court, with the fee enclosed, so I'm now waiting for that offer of £10 a month to be accepted or rejected by Link. :-|

 

However, yesterday both me and my husband (who has nothing to do with the debt - it predates our meeting)

received scary looking big envelopes from Link.

 

 

Opening them we found pretty much identical contents, as follows:

 

 

• letter stating that an 'Interim Order' was obtained by Link against my interest in our jointly owned house.
  
• copy of the order
  
• copy of an application for a Charging Order
  

The decision on the charging order is to be made at Cardiff County Court on 8th October.

I have to register any objections to the Charging Order before then.

I also have 7 days from date of service (?) to apply to set aside or vary the interim order.

 

 

It also says I can have the hearing in my County Court if I apply in writing to the Cardiff Court.

 

I'm not sure what objections I can raise against the Charging Order.

 

I don't want to go to Cardiff so I will have to apply for a transfer to Sheffield. Is this free?

 

Is it worth applying for 'set aside', whatever that is?

 

 

I have 7 days from date of service.

 

 

The date on the letters is 19th August and they arrived yesterday (25th).

 

Given that I have sent a payment offer to the court,

doesn't that put everything on hold until the offer has been agreed or rejected?:-?

 

I really want to avoid a charge on the property.

 

 

It will be the second one,

having lost to Lloyds TSB last year!

[joan_of_arc]

Incidentally, I can't fathom this new layout. How do I quickly find my own hreads without searching the forums?

[Tonka99]

Hi Joan

 

I followed your case last year with Lloyds so feel I know a bit about you;) ,

just hit your name and all your details will just pop up .

 

Best of luck with Link

 

Tonks:)

[hillards]

Incidentally, I can't fathom this new layout. How do I quickly find my own hreads without searching the forums?

 

Go to the top of a page, look for 'My profile' and click it, look to the left of the page that opens, under your username, it has :

Find all posts

View Articles

Find all started threads

 

HTH

[joan_of_arc]

I put all this aside for the BH weekend, but I need to do something to try and head off the threat of a charge on the house. What kind of things are a defence against one being awarded, or is it a foregone conclusion?

[sillygirl1]

You can defend it quite easily, it is prejudicial to your other creditors, is unfair as it turns an unsecured loan and the penalties of an unsecured loan into a secured one and the case has little merit as you are defending the initial CCJ. I will be around later this evening to offer some advice but it is NOT a foregone conclusion.

 

The OFT have also stated that charging orders for unsecured loans are against the guidelines for debt collecting practice and the government itself doesn't want charging orders for loans under £25,000.

[joan_of_arc]

Hi Sillygirl. Thanks for that info. I've had a look at the sticky thread about charging orders

and it seems maybe I could also argue that it is prejudicial against my husband,

who has no part in this debt, but is the mortgage payer and joint owner of the property.

 

I have sent off a N245 to their court,

with offer of instalment payment,

but am still waiting for a response.

If they accept my offer, doesn't this also set aside the charging order?