Virgin/MBNA passed to Optima - claim forms received - help! ***ICO dismissed****

[gem77]

Thanks Andy. do you think that will do then. Its ok?

[AndyOrch]

Well its truthful and to the point,you have done everything recommended and advised by the media when one struggles with ones debts.We hope that its accepted by a compassionate DJ

who also believes same.

On the point were you state unsecured changed to a secured you need to reference the article i referred to and Dotty posted.So mark See Exhibit (1) after this statement and attach a copy of the report.

 

The stark reality is however, if you are not making normal payments to an account be it P/loan or C/Card, at some point in time, a Court claim will be filed. These Companies as everyone knows, play rough, so why anyone would assume that they will be allowed to continue making nominal payments forever and a day, with the Bank's blessing, when and if they know you own a property (as in your case) is beyond me. More and more people are getting into difficulties with loans and credit cards, so the worse the situation gets, the more aggressive the banks and credit card Companies will become in enforcing debts.

 

Unfortunately due to recent climate and the credit crunch the latest trend of turning non secured into secured loans via a charging order on ones property,

As far as I'm concerned, if you know how to deal with these situations to achieve the best possible outcome from day one, you stand a much better chance of getting rid of or stabilizing debts to an affordable amount and moving on with your life. This has to be preferable to finding yourself living with the constant uncertainty regarding what the creditor might do next, and unable to plan for any sort of future for you and your family.

 

As I have stated before, Litigation involves mind games and serves no purpose in giving your opponents the heads up.Fighting back takes courage, but it's a lot easier than you might think. If some people have opted to write to creditors and challenge what they're doing, this shows a determination to fight. A Court claim is no different, When ever you are questioning/challenging someone else's point of view, you are making an argument, so there's nothing to stop you doing this in front of a Judge, if you have to. Securing the best outcome and stopping them from gaining Summery Judgment, which lets face it is what they are out to achieve, to get their first foot on the ladder to gaining said Charging Order. If you had not intended to defend you would have allowed the above to be much more easily attainable.

 

Good luck with your case and keep your chin up.

 

Regards

 

Andy

[gem77]

Well its all posted. One to the court and one to optima. Now just to wait till the hearing next week I guess.

[bilious]

I sincerely hope you do well gem!!! Mines still a month away but the sleepless nights will continue!!

[gem77]

Thanks bilious. Keep your fingers crossed for me. I am sleeping even less than ever now the day is looming. To say I am terrified is an understatement.

 

Will let you know how it goes.

[leopard lady]

Just to say we're all behind you gem, wishing you the VERY best of luck with your DJ, and will be hoping for a positive outcome for you. Like Andy says, at least we're not taking it lying down. MBNA are the worst of the worst and should be challenged. Will be waiting for you posting.

[gem77]

Well had my court case today. didnt go as well as i had hoped. The judge was very nice and good with me and understood my argument but said at the end of the day he didnt think I would win the case and it would be better to get the judgement as if I didnt win the case it could cost me upto £15000 in court costs.

He said it all boiled down to a single letter that I wrote. When they accepted my payment plan I wrote to them thanking them for their understanding and pointing out their mistake of putting in the wrong amount. Apparently if I had also asked in the letter for assurance no further action would be taken I would have had a stronger case. How stupid did I feel really kicked myself for that.

I think the judge didnt really agree with people throwing the consumer credit act around just to try and get out of the paying their debts. He did make them drop their costs though so instead of nearly £2000 added it was only £500.

The solicitor also tried to throw in at the end that I had been using consumer forums and MBNA wish to place a ruling that I was unable to do this. Needless to say the judge just said good bye MR X.

 

Thankfully for me (I think) The solicitor was half an hour late as he was in another hearing and this really annoyed the judge. he seemed to be coming down quite hard on the solicitor all the way through but was thoughtful and understanding with me but perhaps that was because he noticed how petrified was as I was trembling from head to foot the whole way through. god knows how I kept it together.

 

As for the charging order he said they could apply for one but that would not mean that they would get it and advised against it. But weather they will listen to that we will just have to wait and see what drops through the door. Although I didnt think they could apply for one unless I had breached my judgement. dont know if someone can clarify this?

 

So there you have it. I am soooo glad its over and just hope I dont have to go to any more.

Thank you all for your help and kind words of encouragement. Will keep you posted if anything else transpires.

[AndyOrch]

Sorry it didnt go your way Gem, what are the terms of the judgment, installments?

Good to see the DJ advised against them attempting application for a Charging Order

and love the response to their complaint of :-The solicitor also tried to throw in at the end that I had been using consumer forums and MBNA wish to place a ruling that I was unable to do this. Needless to say the judge just said good bye MR X.

 

Regards

Andy

[gem77]

Hi Andy. Terms of the judgement were just what MBNA had originally agreed with me just keep paying what I had been paying but of course the only reason they went for summery judgement was to obtain a charging order. Now they have that they can apply for a charging order. so watch this space as I doubt they will take notice of the DJ.

[GeoffreyAlby]

Isnt there talk that for debts less than £25,000 Charging Orders should not be allowed? though this isnt yet law....

[AndyOrch]

Hi Andy. Terms of the judgment were just what MBNA had originally agreed with me just keep paying what I had been paying but of course the only reason they went for summery judgment was to obtain a charging order.Only reason they issued the summons in the first place Now they have that they can apply for a charging order.No they cant as long as you never miss a payment so watch this space as I doubt they will take notice of the DJ.

 

So in effect they have achieved nothing except a drain on the Justice resources hence the DJ,s comments.

Check the details thoroughly Gem when you receive the order.

[gem77]

I did hear that as well but I think it is more that they can obtain a charging order but they cant force you to sell your home.

[gem77]

So in effect they have achieved nothing except a drain on the Justice resources hence the DJ,s comments.

 

Check the details thoroughly Gem when you receive the order.

 

 

 

Thanks for clarifying that Andy thats what I thought they couldnt unless i miss a payment under the judgement. Its just the judge said that he grants them permission to apply for a charging order but that does not mean they will get one and advises it would not be benificial to them.

 

yep got no more money out of me as the judge agreed i couldnt afford anymore. except a black mark against my credit report but then with the defaults it cant get much blacker.

[AndyOrch]

A lot of changes in the CO process at the moment Gem.They can get a restriction if its only your debt on a joint owned property

but thats not the same as a full charging order by any means or form.

[AndyOrch]

Thats why I say check the Order carefully having dealt with a couple of threads recently on the rights and wrongs when a claimant

makes a ICO after different types of order ie Forthwith/installments.

 

Hopefully on your order the term ( The claimant be allowed to apply for a CO ) will not be entered, judging by your comments.

[gem77]

Yes it is. its my debt but the house is owned by both me and my husband so they can only get a restriction then? what does that mean as opposed to a full charging order?

[gem77]

OK thanks Andy. So I take it The order will come from the court. How long does that take to come through usually?

[AndyOrch]

Yes it is. its my debt but the house is owned by both me and my husband so they can only get a restriction then? what does that mean as opposed to a full charging order?

 

Have a read http://forums.moneysavingexpert.com/....php?t=1839539

 

 

OK thanks Andy. So I take it The order will come from the court. How long does that take to come through usually?

 

You should get it through within 7 days.

 

Regards

 

Andy

[gem77]

hhmmm thanks for that Andy. it made interesting reading. Puts my mind at ease a little.

I am off to bed now as the last week or so of sleepless nights is catching up with me

Hopefully i will sleep better tonight knowing it is over with for now.

 

Thanks again.

[gem77]

Well finally got the order through from the court. It states as follows:

 

It is ordered that:

 

1. There be summery judgement for the claimant in the some of £5***.** + £575.00 Costs and fees payable at £18.00 per month, 1st Payment on 1st March 2011.

 

2. Permission to claimant to apply for a charging order notwithstanding payment of instalments under the judgement.

 

So does that mean that they can only apply for a charging order if I do not keep up the repayments?

[AndyOrch]

It means Gem In spite of your installments they have permission if they think fit. Ludicrous!!!!!!!

[gem77]

And no doubt they will! Coz they think they have more rights than everyone else!

[GeoffreyAlby]

only just had a quick look but isnt this case relevant....

 

 

Mercantile Credit Co Ltd v Ellis

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?44739-Charging-Order-Court-Advice-please

[GeoffreyAlby]

http://www.insolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php#6

[gem77]

Thanks for that geoffery. They are very usefully links when/if they go for a charging order. Two weeks on from the hearing and not yet heard anything from them.