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


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You have the order, its states what it states, nothing to do with MBNA, You are back as you was at 15/10/10

plus the extra costs but hey ho!!!!!!.

 

Now enjoy your life Bilious.

 

Regards

 

Andy

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Well you've taken a load off my mind Andy, thank you! till optima raise their little heads again lol, and as its a family home and we have no intention of selling they have a long long wait i'm afraid..

 

. only obstacle we have is if we want to purchase more of our share in our home, but banks being banks the greed will get the better of them and let us re-mortgage in the future no doubt... And now thankfully i am never ever going to have credit again once bitten as they say....

 

Me again!!!

 

Just want to be very sure with the wording on that final co, and I do respect your view Andy!!!

 

But no harm in a second and third opinion, as I just want to be 100% sure thanks in advance for any views please..

 

Bil...

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Me again!!! Just want to be very sure with the wording on that final co, and I do respect your view Andy!!! But no harm in a second and third opinion, as I just want to be 100% sure thanks in advance for any views please..

 

Bil...

 

Good evening Bilious

 

Andy has given you peace of mind (I know you respect what he has said), so bilious, £20 per month (as I have said to you previously). You are back to the original Judgment - 15/10/2010, that was the MO with the advice given, the mission was successful.

 

Kind Regards

 

The Mould

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Just an update still not heard a thing from optima bless em! trying not to worry but you know what i'm like lol!!

 

Anyway like to say a big big thank you to all of you, for spending the time and effort, putting up with me!! Should've said this sooner, but have had my head up my bum with worry, pretty much the norm these days for me!!!

 

Regards.

 

bil.

Edited by bilious
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Have had a letter from optimal dated the 7 th march explaining that I cannot sell my home or remortgage it without paying them first etc and invite me to make voluntary payments towards this etc etc and they want me to fill in an I&E for them with payslips and bank statements.. once again unto the breach.. and they give me 14 days thank you only got it yesterday, or they will take steps...

 

What's my next move please? Cheeky things want all my employer details national insurance nums passport numbers etc etc...

Edited by bilious
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Hmmm... wasn’t the agreement for £20 a month? I think the judge would like to hear about this.

 

The Mould and others will confirm or not, but I think there is only a restriction on your property as it is in joint names. If I am right, they are not representing the true legal position.

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Yes I believe it is only a restriction unless that's been messed up too?

As I've not received anything from land registry about it?

 

Now do I have to fill in their I&E or can I send a simple letter stating I will continue to pay the twenty pounds as ordered??

Can they charge interest on this?

Cos if they can it'll never be paid off.

 

 stayed up after night shift to get this up for you to look, at and please give me advice on a letter i would love to send to tell em to shove it

 

Are they just ignoring the order and trying it on again their i&e wants bank accounts payslips wifes name ni number etc like yeah so you can hassle her as well am absolutely fuming at the moment with them anyway here's the link to their letter:-

 

Your advice and guidance is as always appreciated, Thank you!

 

Bil.

 

Anyone got a pound of flesh i can borrow!!!

optima want money against CO.pdf

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See Andy’s post at #441. That’s what you must quote to them – that part of the order.

 

I would be tempted to copy your reply to them to the trial judge with a covering note stating you believe you are being harassed when a clear order is in place.

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Thanks donkey, no chance of it being sent today though not going to have time have paid this months already, what are my options keep paying and wait and see? don't want to mess this up as they have their beloved restriction!!! Have had some advice from another forum (reading too much again!!!) and it's getting all contradictory now...

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oh just that i should fill out the i&e and send statements etc etc

 

which i will give to a judge but not these people,

even asks on their i&e have i given any gifts over xxxx to anyone and who?

do i have a pension etc etc in fact every single thing that might have money in bless em,

 

and yes the guys here have been brilliant my own fault for reading another site and asking a question lol,

 

what do you make of this latest letter?

do i reply?

 

i do want to send something along lines of post #441 by andy and have young children etc etc

shared ownership

no equity

if they want to take me back to court for another redetermination feel free etc!!

 

Or just carry on paying and hope that they don't go further!!!

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No

i had a full i&e prepared the dj wasn't interested all he said was contact them about payments etc which i have done asked for their account to set up a so, but will quite happily keep sending off postal orders to em every month does that make a difference?

 

When you say copy to court does that mean send a letter to them as well?

and would that be to the dj that sat my case?

 

hope andy and mould pop in for some extra help...

 

Do appreciate everything that everyone has done for little old scared me!!!

 

Just don't want to find myself back in court with them going for a forced sale!!!

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What matters is what is in the court orders, nothing else.

 

I don’t think they can force a sale on a restriction. They can’t even stop you selling your house, I think, which is why I believe their letter is wholly misleading and basically a fib.

 

POs are fine. The court does not prescribe HOW you pay, but what you pay. Whatever you do, do not start a direct debit!

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lol nope

it'd be standing order only am well aware that they can empty an account on a direct debit... been burnt with them already with that one with my old account you do live and learn,

 

just want em to let me try and pay this off in peace until i can afford to pay more but the Shylocks want blood!!!

 

So any ideas chaps can i sort of ignore the i&e and just write them a polite letter pointing to the fact about the court order???

 

Cheers?

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Yes i will do DonkeyB!!! You know me Mr Panic, go to pieces so fast you can use me as shrapnel....

 

 

But thank you for the reassurance earlier, just don't want to give em any ammunition...

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Good evening bilious ness

 

Refer Optima to the Order given on 24 February 2011, you have not been ordered to supply the claimant with any further I & E.

 

Said order refers to the Judgment awarded to the claimant on 15 October 2010, whereby you were ordered to pay the claimant at a rate of £20 per month and this was determined by the court after you had supplied your I & E to the court, therefore, the claimant has full knowledge of your financial status, you have not defaulted on the order made on 15 October 2010 and you can only afford the £20 per month, if the claimant does not wish to accept this amount, then inform him to bring this matter before the court again.

 

As for stating that you cannot sell your home, ask Optima if they would be willing to sell it for you:-).

 

Your offer is the continuance of said £20 per month as per said order of 15 October 2010.

 

Kind Regards

 

The Mould

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Cheers Cadbury!!! Will be sending a letter on Monday about this!!! Going to just get on with family stuff at the moment!!! Will be sending Mr. Moulds very elegant summary... Don't think a dj would be very happy to see us in court again if they do go for it, which wouldn't surprise me in the slightest lol...

 

Anyway have asked for their details for six months now just get the same thank you for payment cr@p no details but if they want me to postal order every month in the hope i'll mess up they are going to be in for a shock lol... cos i send it by the 5th latest of every month registered and scanned to comp to prove it etc etc...

 

Now i've once more calmed down i think they are just trying it on yet again????

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Well have sent that letter today so will wait and see if they want to take me back to court yet again and try and add on another 1.5k in costs.... Either that or a forced sale lol....

 

Thanks Mould, Donkey, Cad, et-all for your help..l

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  • 6 months later...

Hi all long time since i've posted, trying to get on with family life and pay the bills etc.. six months on and a nice little letter from my friends at optima requesting more money and to fill in another income and expense forms etc etc.. just as I was starting to get on with things these muppets start up again...

 

Your advice will be greatly appreciative.. thanks in advance.

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