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

[cerberusalert]

One thing to watch for is unless the court order specifically states they can add contractual interest then they can't. Often a DCA in particular will attempt to add charges and interest when they are not entitled. Keep the court order safe somewhere in case you need to refer to it sometime in the future.

[bilious]

do you know where it would say that? will it be on the papers? cos if so then the debt will never be paid off...

[cerberusalert]

Yes it'll be on the judgement itself. Can you post up what it said after removing identifiers?

[bilious]

Thanks for your help cerberusalert here's the link!! Hope you can give me some good news lol!!!

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/jment1.jpg

 

Still waiting for the worlds bank one!!! Not sure what they're up to as both claims were same date!!!

Edited October 21, 2010 by bilious

[cerberusalert]

The only interest mentioned is to the date of judgement & it doesn't refer to it any further.

 

Do you have a copy of their original POC and the first judgement?

[bilious]

Hi there this is the original!

 

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

 

hope that helps...

[cerberusalert]

Can you check the link? That one's not working.

[bilious]

hmmm try this one!!

 

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

 

[cerberusalert]

All they claimed for was the accrued interest up to the court claim not any statutory interest afterwards... so the judgement against you would not include any interest after the judgement.

 

Ergo all you have to pay is the amount awarded on the judgement at the rate determined on the later order.

[bilious]

Phew!!!! Good to know, so can they now pass this ccj onto another dca? and all the calls etc start again?

[cerberusalert]

so can they now pass this ccj onto another DCA? and all the calls etc start again?

If they sell it on the DCA has to apply to the court within a specific period to have it transferred to their name. They cannot alter the terms of the court order without a redetermination hearing and as long as you keep to the payments as ordered by the court it is unlikely that they would apply.... even if they did it is even less likely that the court would change anything.

 

If a DCA contacts you trying to pressurize you into increasing payments or adds interest or fees they could be sued for harassment & also possibly be in contempt of court.

Edited October 21, 2010 by cerberusalert

[bilious]

You are a gentleman!!!! Good bit of news for once for me lol, just waiting for the other one from the worlds bank, now... and they have been the worst to me lol, not sure why theirs seems to be late as both were due on the same day/ timeframe?

[bilious]

Some more advice please!!!

 

Seems mbna are not going to accept the judges finding they've asked for the case to be transfered to a court near them for re-determination? now suspicious as i am does this mean it's a friendly court to mbna? why else would they want it over 100 miles from where i am? and does this mean i'll have to travel there because i can't afford to?

 

Hope you can help with this as it seems i'm going to get steamrollered with this one!!!

[sillygirl1]

You can contest the change, by saying it will ramp up YOUR legal costs and expenses and the case should be re-determined at the original court.

 

It is an abuse of process to have a hearing at a court away from the Defendant's jurisdiction if they have entered a particularlised defence...

 

MBNA are trying it on here and need to be slapped over the wrist.

[bilious]

How do i go about this? Seems very suspect to me that they want it transfered from northampton to wandsworth! fair enough i added my i&e with what i can afford and they seem hell bent on trying to get more, blood out of a stone principle here...And how worried do i need to be yet again?

 

Next thing is the letter says it has already been transfered to the other court dated three days ago! shouldn't i have been notified!

Edited October 29, 2010 by bilious

[bilious]

Next question any idea what these idiots are up to? do they want more money when another creditor has agreed to the same amount (won't that affect it, as they want me to then favour them over another?)Or are they trying for the house route?

 

Sorry to be a proverbial pain here but how likely are they to win a re-determination, spkoe to a chap at the other court and all he said was (send us an e-mail and we'll arrange for it to be heard at a nearer court, and not the original court where it was heard!) Any advice please getting really nervous now...

Edited November 1, 2010 by bilious

[bilious]

Any help with this please!!!!!

[sillygirl1]

Send your local court an email as the guy said, requesting that this be heard near you and ask that the court mind the additional cost be borne by the claimants and no cost to be incurred by the defendant.

[bilious]

Hi sorry sillygirl the chap i spoke to was at wandsworth and he said send them the e-mail and they'll transfer it? which i have done, just want to know what they're up to and obviously what they are after!!! Should i still send one to the local court to make sure?

[bilious]

Well had an e-mail today that they have agreed to transfer the, claim to my local court which will save me a lot of effort! now will a judge look at this again then decide to uphold what i can pay or is he likely to try and get me to pay more?( Which is obviously what mbna want..) Any views?

[bilious]

Well have got this re-determination shifted to my local court, can someone please please tell me what is likely to happen next? And what do i need to take with if i have to show up in court?

[bilious]

Can anyone please help am getting quite worried about what i have to do now, as this has been shifted to a local court, can anyone just spare a minute or two to read it over and let me know please!!!

[Guest wino]

Hi billious,

Sorry I have not been around much busy with work etc. Got your PM:-)

 

I really would not worry about the re-determination hearing. Take all your paperwork with you refering to the judgement and the full list of your households income and expenditure. Take wageslips to prove your earnings.

 

I cannot see a judge altering the first judgement. If he does it won't be by much. The bank is just trying it on and the judge won't take to kindly in them wasting court time on a judgement that is already in place.

[bilious]

Thanks wino. Just the seeds of doubt creeping in and when you read, and read and then think i'm going to get rolled over here etc.. But my other creditor has accepted the payments and they are only a thousand less than mbna, wont that be favouring one over the other? Plus will i have to attend or will they do it like the first one?

[Guest wino]

You don't have to attend but I personally would attend. It gives you chance to show the judge that you are trying to sort things out. You will be called into the Judges chambers where you will sit at a table with the Judge and whoever is there (if anyone) to represent the bank.