MBNA CCJ/CO (Rest K) - sold to Marlin

[bilious]

Will have to send the SAR request to em soon then! I definitely sent off a 0% transfer jobbie... so i did wonder why they've sent an online one, plus none of the boxes are ticked in the copy they've sent me unlike some of the others i've seen? that any help?

[bilious]

Well didn't even get time to send off the sar, just had the court papers thru the post today, any advice on what forms to fill in they obviously issued the dn then went straight to court!!! Bless em should i just put in what i can afford as they won't accept what i'm paying em at the mo which is 50 pounds a month and that's a stretch.... any advice please as i've got to send these back within 14 days of today? Thank you all in advance... Oh!! And as they are now taking me to court should i stop paying them the 50 quid a month i've been doing till a judgment is done????

Edited September 25, 2010 by bilious

[lord_tiger_putin]

They and HSBC done it at the same time?! Well, they will have to do things now correctly! Maybe you ask Shadow to move this thread to the legal forums as well, you will probably get more advice there.

 

Hopefully you will also get advice about the CPR request but they will now have to cough up the correct agreement but I would think that you must be adamant through the whole process that their "online version" is fake, surely they must be bale to prove you clicked it, and if you didn't then they are lying!

 

If it comes to a hearing then and you loose, then just make sure that you fill the I&E in a way that the Judge will let them have less than what they are getting now! At least. it will come to a conclusion and you could very well be better off than before! Worst case is you pay what you can afford and you will have the entries on the credit file, if the last point is not too serious for you, then you will have peace as long as you pay the required amount. they can do no more!

 

P.S. My HSBC is very quite ever since I asked DG for "advice" and they send it to HSBC to "clarify". I also send off today a claim for the bank charges, this together with all the PPI's is far more than what they will ask!

[citizenB]

We need to see the Particulars of Claim.. ie what are they saying they are taking you to court for.. In the larger box on the left hand side of the claim form under the addresses.

 

What is the date of issue so we can keep on top of the time lines you must stick to ?

 

Date of issue + 5 days for service

+ 14 days to acknowledge

+ 14 days to submit defence if you are going to defend the whole of the claim.

 

Has this been issued out of Northampton, if so, you can acknowledge online.

 

Once you let us know what the Particulars of claim are we can advise you on what CPR letter you need to send in order to receive the information you require if you are going to defend.

[citizenB]

Moving to legal issues for more expert advice.

[bilious]

Right have uploaded both claim forms for u all to look at here's the mbna one

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnaccj.jpg

 

1. my questions are if you'll help me on this if i do say yes i owe the money. but i can only afford 35 pounds a month which will mean i'll be realistically dead before its paid off!!! mbna aren't going to accept this?

 

2. if the court says okay thats all you can afford are mbna then going to try to get a charging order on my home? (shared ownership, not much if any equity.)

 

3. are they going to sell the debt on and it starts all over again with debt collectors?

 

4. what happens after 6 years when it's supposed to be removed from my credit file?

 

Can't think of anything else at the moment but will post more questions if i think of any?? Hope you can help guys bit panicked at the moment..

[bilious]

my next question is am behind only with 2 of my 4 creditors!! Am i better off going to payplan or cccs with the other two? or go down the same route to court etc ccj? am bit past caring at the moment... don't think the court would be happy if i'm paying the minimum to two creditors but can only afford say 20-30pounds each month for the other two, who have the claim forms in.. because i will never pay off that debt in six years so what happens then after the six years!! And if the court says i have to pay more and i simply can't afford that what happens next cos isn't that a default on the ccj?

[citizenB]

Right have uploaded both claim forms for u all to look at here's the mbna one

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnaccj.jpg

 

1. my questions are if you'll help me on this if i do say yes i owe the money. but i can only afford 35 pounds a month which will mean i'll be realistically dead before its paid off!!! mbna aren't going to accept this?

 

2. if the court says okay thats all you can afford are mbna then going to try to get a charging order on my home? (shared ownership, not much if any equity.)

 

3. are they going to sell the debt on and it starts all over again with debt collectors?

 

4. what happens after 6 years when it's supposed to be removed from my credit file?

 

Can't think of anything else at the moment but will post more questions if i think of any?? Hope you can help guys bit panicked at the moment..

 

The information I have posted on your HSBC thread is applicable here. If you are not going to defend then you will need to provide an accurate I & E form for the court.

 

Interesting to note that MBNA's claim is dated 1 day prior to HSBC's

 

In respect of charges on property. It isnt a given that they will actually obtain a charge.

 

Not too sure what you mean by asking "what happens after 6 years when it's supposed to be removed from my credit file?" I think a judgement stays on file for 6 years. So I guess it will start the clock in respect of the default notice. As there is only about 4 weeks between the issuing of the default notice and the claim.. I dont think it is going to make much difference to your credit file.

 

HTH

[bilious]

Sorry i meant that if i can afford on 20-50 pounds per creditor per month which i can't it'd take forever to pay off? (not worried about credit file anymore...)i just meant that ccj's are supposed to come off your file after six years so what happens if it's going to take me 20yrs to pay off said debt? am i not making sense?

[bilious]

another question please please help quickly if i'm admitting to the debt with mbna and i send the payment document back does it go to the court or to mbna cos i dont trust em one bit to put the form in correctly... Please help!!!!!!!!!!!!!!

[bilious]

Hi guys can i fill these forms in online!!! Cos that'd give me a few more days to decide what to do?

[Jasper1965]

Whoa bilious, stop right there and calm down a bit.

 

UNDER NO CIRCUMSTANCES SEND ANY COURT PAPERWORK TO MBNA OR ANY AGENT OF MBNA EXCEPT WHERE REQUIRED BY PROTOCOL. CERTAINLY DO NOT RETURN ANY DEFENCE, ADMITTANCE OR PAYMENT OFFER TO MBNA AS IT'S LIKELY TO DISAPPEAR UNTIL JUST AFTER THEY ARE AWARDED A DEFAULT JUDGMENT.

 

 

Now as I see it you CCA'ed MBNA on the 6th of July and you received in response a CCA agreement of a different type to that which you used to open the account. This means that they failed to supply you with a true copy and since the allotted time has long since elapsed they are in default of your request and whilst the default continues they are not allowed to take enforcement action against this account.

 

Why are you so quick to admit the debt and make an offer? I understand that you are feeling morally responsible but MBNA should still be made to jump through hoops to gain a judgment IMO and you can do this without either denying or admitting the debt at this stage and forcing them to reveal sufficient documentation to prove the debt exists and the amount of the debt.

 

 

Suggest you do the following:

 

1) Acknowledge the claim (you can do this online) and this gives you a further 14 days to file a defence.

2) look towards filing an embarrassed defence initially neither admitting nor denying the amount claimed but referring to the untrue copy of the CCA you received and seeking clarification. It will help if you state that you lawfully CCA'ed them on the 6th July and have not yet received a true copy of any agreement you entered into but have instead received a generic copy of a type you most certainly did not enter into.

3) CPR MBNA asking for the following:

 

1) A true copy of the original agreement which you signed, the original to be produced at Court.

2) Clarification over which of the many default notices issued the account was eventually terminated upon.

3) Copy of any termination notice sent.

4) Sufficient statements to establish the makeup of the amount claimed.

5) The first three months statements for the account for which they claim (let's see if you really did do a balance transfer form )

6) A breakdown of all charges and interest thereupon applied to this account since opening.

7) Clarification over whether there was any PPI included on this acccount.

 

And as you were going to anyway why not SAR them, it costs a tenner but might prove very useful indeed.

[bilious]

and should i do the same for my hsbc one as well, cos i def think they are on dodgier ground with an invalid dn followed by the termination by asking for the full amount? which i accepted..

 

Worse thing is i'm now starting to second guess my self by thinking did i do it online? which is the best way to find out then?

[bilious]

still unsure as to what to do, and really do feel the more i read the more i have no chance of winning this!

[The Mould]

Good afternoon bilious

 

Can you tell me please, when you acknowledged the claim did you admit or deny it?

 

Have you filed an embarrassed defence against this action?

 

Are you still paying the agreed amount each month or have you stopped paying?

 

That agreement to pay a lesser amount monthly, what was the duration of that agreement to be, 6 months, 1 year or longer?

 

Yes you did default under the original agreement, but a new agreement was agreed between you and the creditor, if you did not or have not breached the said new agreement, then you defend the action based on those facts.

 

What about your SAR? Did you send it off? If not, send it off.

 

Does the creditor still send the monthly statements showing the agreed amount that you must pay each month?

 

How are you paying the monthly payment? By direct debit, cheque or standing order? You should have receipts or an electronic trail which will show that there was an agreement that did then supersede the original credit agreement, so you can use those documents in your defence.

 

Anything else you can post up on your case would be helpful, are thee any further details that we need to know of?

 

Kind Regards

 

The Mould

[bilious]

after i got the papers, ( have yet to decide what to do) i stopped paying... payed from fast pay from bank account, no to sar after the papers were sent etc etc, but mentally not strong enough to stand up in court with all this, that's my point any advice?And as time is fast going am still unsure as to what to do morally i want to pay them both per month and hopefully the courts won't ask more than i can afford?

 

Again whilst some relish the thought of court, i'm afraid i'm not one of them mentally am now exhausted (which is what they want i believe, and simply cannot afford the sols fees that they want...)

Edited October 5, 2010 by bilious

[The Mould]

OK bilious

 

Acknowledge the claim (AOS), say that you do not accept the claim.

 

Write a short letter to the claimant's Solicitors stating that you and the claimant had an agreement that superseded the original agreement, you did not breach the said new agreement, but the claimant has by bringing this action, you request information from the claimant explaining the grounds for Terminating the said agreement without providing any notice to you.

 

You defend on the basis that there is an agreement between the two parties in these proceedings to pay a set amount each month and that you have not breached the said agreement, therefore you do not acept liability for the amount the claimant claims, the original agreement is Terminated for all time and was superseded (replaced) with this new agreement, the claimant is in serious breach of his obligations under the said new agreement, non-performance by him and you accept recision as the remedy available to you as you are the non-breaching party to the said new agreement.

 

Send your SAR letter off asap.

 

Send a CPR 31.14/31.15 request for disclosure to the claimant's Solicitors. Both letters by registered post only.

 

Kind Regards

 

The Mould

[The Mould]

When the new agreement was made, what did the creditor say would be the length of time for this new agreement.

 

Have you checked all three of your credit files? If not, check them asap, print them off.

 

Kind Regards

 

The Mould

[The Mould]

You would only pay what you could afford to pay, the Court would not Order you to pay more than you could afford to.

 

Do you own your home?

 

Kind Regards

 

The Mould

[bilious]

it's shared ownership mould, not much equity if any? they have the majority share and two young children so they can't force a sale am i right in that? till they are 18? in which case they'll have to wait 17yrs...I believe the girl on the phone said we'd put you on hardship for at least six months! then see if anything has changed which it hadn't... but after the papers came through i didn't pay the last installment...

 

However as i was paying them 50 odd pounds a month which was a struggle i can now sit down and work out how much i can realistically pay them which may well be less but there's now way they are going to like or accept that?

Edited October 6, 2010 by bilious

[bilious]

right the courts have said i've got to send the admissions forms to the claimant is that right

[bilious]

Had my first set of judgment papers through today! Am soo happy! Mbna obviously objected to how much i could pay and timescales etc so the court has accepted what i can pay!!! Now can the chaps above try and get this overruled? because with my i&e i could realistically end up paying em even less.. (mind you i was paying them more, before they took me to court now paying them 40% of what was originally agreed between us...) any ideas please... Thanks in advance....

 

Lets hope the worlds bank one is the same.... When that comes through the door...

[cerberusalert]

Now can the chaps above try and get this overruled?

They could apply for a redetermination but it's doubtful that they'll bother because they'll know they will be urinating into the wind & cost them dearly. As long as you keep to the payments as ordered by the court they're stuffed.

 

They'll probably include this into a 'toxic debt' portfolio & sell it on then claim tax relief. Some time in the future you may get a debt collector contact you & try to 'persuade' you to pay more... but in the immortal words of Father Jack on Craggy Island... tell them to go forth & multiply.

 

[bilious]

Cheers thought they couldn't sell on a debt with the ccj? or is that after the 6yrs time etc? Then again when have they ever followed the rules...

[cerberusalert]

They can sell a CCJ on but IIRC the purchaser has to register it with the court within a specific time period. It's not my field so no doubt someone else will explain.