Link taking court action for MBNA debt

[billsters]

My largest debt is to MBNA.

I would hold my hands up to owing them around £3.5k,

to be frank, although to be equally frank,

I wouldn't feel guilty had the debt been written off by my creditors as I've paid plenty of money over the years.

 

after my ignoring them for some while,

Link have now taken out an action to recover some £5.5k, with charges and interest.

I have acknowledged receipt to the court and indicated that I shall be contesting part of the claim.

 

Should I now write to MBNA and say I wish to dispute part of the claim, and can it then be classed as "in dispute"?

 

I am about to order the book about Court procedures and so on.

I'm hoping that if the worst comes to the worst and the court finds against me,

 

 

I can be given time to pay rather than have a charging order on my property.

I am currently unemployed and own my property, although Abbey/Santander got an order of possession two years ago

but didn't act on it, as I paid off my arrears.

 

I'd appreciate any help on this,

as always,

and hope that in discussing my case we can add to the body of knowledge and help others.

[billsters]

Link are taking me to court for an MBNA debt.

The substance of the debt (i.e. the amount I did spend on the credit card) was around 4k,

and they are claiming 6k, due to charges/interest, plus costs.

 

 

I did write on my first reply that I would be disputing 1.5k but didn't specify on what grounds;

I have just missed a deadline asking me to set this out.

 

Btw, I am currently on benefits, but I do have a small amount of equity in my property.

If the worst comes to the worst, I would accept a charge on my property,

but not to have to sell (I don't think they can force this, from what I've read on here, as it's disproportionate,

plus, I have other debtors who have either written me off or who are yet to take court action).

 

 

Ideally, I would ask a court to give me time to pay at a very low installment rate.

 

The latest piece of paper is "General Form of Judgement or Order" and states that

1) if I do not comply (i.e. set out my dispute) the claimant can enter judgement forthwith for the balance plus costs minus £1.5k and request this be listed as a small claim

 

DOES THIS MEAN THEY CAN THIS WITHOUT FURTHER DISCUSSION?

I was hoping for a court date, which I would attend, but I wouldn't argue if they knock off the 1.5k;

would I then be able to discuss how this is paid e.g. installments, or charge on my property?

 

The doc then states

2) Because this order was made without considering representations, the parties have the right to aplly to have the order set aside, varied or stayed.

 

Although I've missed the deadline for that, too.

 

This forum has been an absolute godsend,

as I'm able to approach these things calmly and not been bullied,

but I think I was a bit too lax on this one!

Still, not a huge amount in the great scheme of things.

[Ganymede]

Can you clarify if you received the Claim Form and returned it admitting to part of the debt? If you have then Claimant will now have a CCJ against you for the amount admitted. They can then apply to enforce the CCJ as they see fit.

[billsters]

Thanks Ganymede, I returned the original form saying I wished to dispute 1.5k of the claim.

 

When you say "enforce as they see fit",

does that mean they don't have to agree to instalments?

Will there be a hearing?

If I have no goods for a bailiff to seize,

then can they put a charge on my property?

 

I would like the chance to ask the court to let me pay in installments,

failing that I would agree to a charge,

but would not want them to seize goods

(there's only the telly which I could hide, but would rather not have them in my flat),

 

any guidance, please.

thanks.

[billsters]

Does this General Form of Judgement or Order equate to a CCJ? I thought there had to be a hearing?

[billsters]

Please can someone explain Ganymede's post;

if they can APPLY to enforce,

can I challenge this?

 

 

My deadline to reply was the 8th,

 

 

is there any point in my taking in my response to the court on Monday, or asking for set aside?

[billsters]

Well, in the absence of any further response here, I phoned the court and they were very helpful.

[Ganymede]

Sorry for not spotting this sooner. What did the Court say?

 

As you admitted the debt there will be no hearing for the amount admitted and you will get a CCJ for that amount now.

[billsters]

Thanks,

I wanted to find out what that meant

i.e. whether I could ask to pay in instalments.

 

 

Apparently I can make a proposal and if Link don't accept it,

the judge can rule, and I would expect him to be more reasonable.

 

If they are dropping the 1.5k that's almost fair enough, I can ask for costs to be reasonable etc.

 

I will offer 20 a month, which I think is a good offer for an unemployed person.

 

If anyone else takes me to court I'll be quicker off the mark.

[billsters]

Although the person I spoke to at the court was helpful

.. it seems they lost the documents which I HAND DELIVERED to their letterbox,

with the case reference number clearly written on the envelope

 

 

. At least, there was no records of any such documents being received.

 

 

The next person I got to speak to was a "computer says no" type

who just kept repeating that there was no record of any documents.

 

The CCJ came through for the full amount minus the 1.5k, payable immediately.

 

She did eventually agree to send me out another form,

on which to record my income/outgoings and my repayments proposals.

 

Am I right in thinking that this will be taken into account by the court?

 

Or should I expect bailiffs? I really would appreciate an answer on this.

[Undercover-Elsa]

No bailiffs yet unless you fail to pay, Billsters.

Send in the completed expenditure form BY RECORDED DELIVERY. All important docs to the court should be recorded for your own protection. Hand delivery is unprovable unless you hand it to a clerk and get a receipt.

 

Lesson learned, unfortunately, but if you get another court summons come on here for help as soon as you get it, don't struggle on on your own

 

kind regards,

 

Elsa x

[billsters]

Thank you so much Undercover Elsa.

 

I took my document to the court, handed it over the counter and got a receipt last week, HOWEVER, I came home tonight to find another "Judgement Order" stating I had not replied (!) and that I must pay forthwith!!

 

The document was dated 19 September, but the envelope was date stamped yesterday.

 

Please help as I am very worried - is there any point in going down there (queue is half an hour) and discussing it with them at the court? Can they simply ignore my income/expenditure form? Is there any point in writing to them?

 

I can't pay but don't want bailiffs showing up.

 

I would really like to know what my options are - I would agree to a charging order (but not an order to sell) but are Link likely to try and get money by bailiffs first?

 

Thanks.

[billsters]

BTW, my income and expenditure was listed on a form which was a request to "stay or vary an order", which the court told me was the one I needed. Was this wrong?

[Ganymede]

Thank you so much Undercover Elsa.

 

I took my document to the court, handed it over the counter and got a receipt last week, HOWEVER, I came home tonight to find another "Judgement Order" stating I had not replied (!) and that I must pay forthwith!!

 

The document was dated 19 September, but the envelope was date stamped yesterday.

 

Please help as I am very worried - is there any point in going down there (queue is half an hour) and discussing it with them at the court? Can they simply ignore my income/expenditure form? Is there any point in writing to them?

 

I can't pay but don't want bailiffs showing up.

 

I would really like to know what my options are - I would agree to a charging order (but not an order to sell) but are Link likely to try and get money by bailiffs first?

 

Thanks.

 

 

 

It seems like the Claimant didn't like your offer of £20 pcm and requested a forthwith judgment and the District Judge agreed unfortunately.

 

I would imagine the next step for the Claimant is to apply for a Charging Order. You can try and stop this by applying to the Court for a variation of the judgment from forthwith to payable by instalments. This will cost you £45 though. If this is what you want to do you need to get your application in before they make their CO application.

 

If the Claimant does get a CO then it is very, very unlikely that they will get an Order For Sale, especially if you are in negative equity or have children living at the house.

[Undercover-Elsa]

Hi Billsters,

Was there a code number on the form they sent? eg N244? and did you pay a fee?

 

Have a read here:

 

http://hmctsformfinder.direct.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=237

 

Elsa x

[billsters]

Thanks guys ... I managed to speak to the court today, the N425 is being processed and should take 3-4 weeks, then we will know where we are. I will read up as suggested and appreciate your help.

[Undercover-Elsa]

Excellent. Good work Billsters

[billsters]

Not only have Link not responded to my offer, they have sent another statement/bill for the full amount plus additional charges added over the last few months i.e. since they took legal action, and since judgement was found (not for the full amount they asked). Two of the items listed are CHQ ISS for over 200 pounds a time. What are they on?

 

Should I send this to the court and complain?

 

In case it's not clear, they've sent a statement of my debt and "arrears" and are adding interest as though the court case and judgement never happened.

Edited November 14, 2011 by billsters

[billsters]

Ah, more developments today, a notice from the court that this case will be heard in small claims next June .. eh, does that mean the CCJ doesn't mean anything?

 

I guess that means I have seven months to prepare, and don't have to pay anything in the meantime? And that they can't engage bailiffs for the amount ordered in the CCJ (around 4k)?

[billsters]

The plot thickens ... I received the variation order from the court today, setting repayments at 20 quid a month. I'm happy enough with that.

 

However, there's still the small claims hearing with the same reference number set for June, with documents sent by the court, and there's the statement with mounting interest, for over 6k, that Link sent me last week.

 

So, three seemingly contradictory pieces of paper in two weeks, assume the most recent (variation order) is the one I should follow? I would be keen to go to small claims if it meant I had more chance of getting the debt struck out.

 

I will call the court tomorrow, meantime wondered if anyone had any view or advice on this. ta.

[billsters]

Giving this a cheeky bump .. I'm wondering whether there's any way to stick it to Link for sending me a statement with further charges after judgement had been made? I think we'd all like that.

 

Whether the variation order is superceded by the Small Claims Hearing, or vice versa?

 

As I said, I will try to get clarification from the Court tomorrow but as a) they have made mistakes in the past and b) it takes ages to get through, and 25-30 mins queuing if I go down there, would be grateful for anyone's expert knowledge here.

[billsters]

Was too busy to call court today, was wondering if at this stage I could do anything to defend myself at small claims, as a CCJ has been issued on this debt, and get the CCJ struck out? Or should I be going for the opposite I.e. Getting the small claims action cancelled, and abiding by the CCJ and variation order? I would give up asking here as I'm getting no response, but as well as needing help myself, I think this might help others. It's deeply confusing to have all these contradictory documents. Thanks

[citizenB]

You could apply to have the judgment struck out, but what defence would you be entering?

 

 

You rececieved a claim form. Rather than defend you disputed the amount. On what amount was the CCJ awarded ? On the original claim form, was there a provision for adding interest after judgment and did the court agree to this ?

 

Were there any charges or PPI on the account that you could have reclaimed in order to reduce the amount owed.

 

If you have received an agreement to the variation order.. I would continue to pay that for the moment.. and start to prepare for the court case in June. If you dont receive a response to your queries within say 24 hours.. then just hit the report button.. which is the triangle with the ! mark in it. That alerts the site team

[AndyOrch]

Reading between the lines Bilsters looks like your variation (may be) being opposed if the hearing still stands.Check with the court to see if that hearing still stands

and if not follow the Variation Order and dont miss a payment.

 

Regards

 

Andy

[citizenB]

I am also going to flag your thread for input from others on the site team