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

[AndyOrch]

Hi Biilious

 

Nothing happens with the forthwith if they have accepted you payment proposals...but I hope you asked for it in writing...you may need it if they try to enforce it.

 

Regards

 

Andy

[bilious]

Hi Andy! Thanks for that! For once i spoke to a fairly decent chap on their legal side who said they'd accepted my payments and not to worry about the forthwith ( yeah right.) but have it in writing that they've accepted my installment plan!

 

So i take it i'm ok? And if they try to enforce it i have their little letter confirming it?

 

Cheers.

[AndyOrch]

Correct

[bilious]

Cheers Andy, much appreciated!

[bilious]

Back yet again!

 

Just had a letter from my friends at Optima! Telling me my account up for review etc etc carry on payments blah blah!

 

Anyway my original debt was for about 11k it is now up to 13.5k they are adding post judgment interest i know they have their restriction on my half are they allowed to add this interest as well? because in ten years the amount will be more than double!!!

 

Never had any statements of account etc etc

 

Just really upset at the mo! Are they allowed to do this and if not can i have some help with a very snobby letter back to them etc etc

 

Thanks in advance yet again chaps!

[citizenB]

What does it say about interest in the judgment ?

[bilious]

will have to dig it out andy i remember it refers to my payments by installments from the previous ccj etc etc which they objected too so they could go for the restriction!

 

Have got the interim one but that'll different from the other judgment?

 

Anyway not worth stressing over it till i can dig out the Restriction on monday!!!

 

However if they are allowed to add post interest how on earth can i get the court to stop it? There's me thinking i would make a slow inroad to clear it all off but i'll end up owing 50k on an 11k debt, not a bad return there eh?

 

And the other thing is, i had a letter saying they'd sold this on to Marlin a little while back had letters from them saying carry on payments as they are etc etc?

 

Thanks again for any help!

Edited June 15, 2013 by bilious

[DuffNCustard]

I do not know what your creditors requested when the applied for the CCJ nor what the judgement is.

 

In order to apply 'contractual interest' (post judgement) your orginal credit agreement must have had a clause in it stating that this would be done in the event of a CCJ.

In order for them to continue to 'collect' this money your creditor must send you a statement showing ALL transactions, every 6 montsh. They cannot wait for 3 years, then send you a statement for the whole 3 years.

 

My opinion is that for a consumer debt it is extremely unusual for an application for contractual, post judgement to be awarded.

 

There is some extremely good information to be found on this website:-

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=18_interest_charges_on_a_consumer_credit_judgment

[bilious]

Thanks Duff! As i've said will post my judgment up tomorrow sometime with a bit of luck so you chaps can take a look at it? They've never sent me any statements what so-ever! This was just one of their usual threats and income and expenses! With a total at the start and what is owed now and there's nearly 2.5k added to it?

 

They've never informed me at all they were going to put interest on this judgment! And do they then have to collect this separately after i've paid off my original claim and if they do, don't they have to take me back to court to to this?

 

Thanks!

[DuffNCustard]

So, they've never sent you any statements eh? Then they cannot collect. In fact what they are doing is harassing / threatening you. You could do worse than send them a letter, recorded signed for etc, requesting a copy of their complaints procedure, then use it. Your complaint is that they are harassing you by sending requests for money that you do not owe, after all the t&cs are now detailed in the CCJ. The CCJ is now 'the contract'. When they do nothing you can then report them to the ombudsman, it will cost them and admin fee and give you a warm feeling for a few days

 

If as I expect no interest was included on the judgement, then yes they would have to go for a second CCJ for the interest; but they have to prove the debt and so far there is no interest as you have not received any statements. So two big advantages to you. :boxing:

[gem77]

Bilious The exact same thing has happened to me. They sold the debt on. Had an letter offering to reduce the balance if paid off then a letter stating it is up for review. Again both letters had a different amount on and neither added up to what I now actually owe but alot more.

 

I don't think these muppets really know what they are doing. I have also never had any statements since the ccj was awarded a couple of years ago.

I have put it to one side for now as I have a few other fights on my hands at the moment which have to take priority but I will be writing to the to find out exactly where they got their figures from.

 

Oh and no interest was included in my judgement and no mention of any on the POC so I would think there wasn't on your either as it was around the same time.

[bilious]

Hi Gem yep exactly the same thing here i&e form ( get stuffed! Court already has that!) Then offer to clear in 7 days rightyho!!! All it mentions in the original judgment is interest up to date of judgment etc etc will dig out the other one after that and see, but same as you i really don't think there was anything on there for the restriction.. One of the only docs i didn't scan lol but will upload both tomorrow..

 

Sorry i should say have a couple of letters from them when i paid by postal order that amount was reducing for 3mnths then they finally gave me their bank details for a standing order, then the only communication have been roughly six to nine months for and income and expenses etc etc nothing else!!

 

And poc only mentions interest up till the date of claim?

Edited June 17, 2013 by bilious

[AndyOrch]

Look closeley at the judgement again billious (towards the bottom box) It may state that if the judgment is over 5 K then there may be further interest applied subject to the T&Cs of the agreement

[bilious]

Here's the original judgment before they contested and went for the restriction which i will find and post up tomorrow!!! Hope this'll help slightly?

 

And here's the final CO hope this helps! And please give me some hopefully good news?

 

And i have all the photocopied t&c's that they sent me which i can also post up for you i can't seem to find that anywhere but another pair of eyes etc etc!

 

Thanks in advance chaps!

final charging order.pdf judgement for claimant.pdf

[gem77]

My POC did not mention anything about section 69 therefore I was advised that they could not suddenly start charging interest.

This was for MBNA and optima. I was lucky they completely cocked up the application for a CO on 2 occasions so the DJ told them where to go.

[bilious]

Here's the original POC hope this helps as well

 

Getting all wound up again so your advice is greatly appreciated chaps!

original claimform.pdf

[gem77]

Yep Just like mine Bilious and I was advised they could not start claiming interest. I shall post a link to mine now for you. Have a look at the last page the conversation is all there.

[gem77]

http://www.consumeractiongroup.co.uk/forum/showthread.php?275655-Virgin-MBNA-passed-to-Optima-claim-forms-received-help!-***ICO-dismissed****

 

Here it is.

[bilious]

From what i've also read they have to inform me that they are going to charge interest? And every six months send statements etc etc which i've never had!

[bilious]

ok will browse thru your pages tomorrow got to get my kids from school soon lol! Just hoping they can't hit me with huge amounts

[AndyOrch]

Well its on there (15/10) as I advised but its not referred to in their PoC so it could be challenged.

[bilious]

In the box at the bottom? i think that's on every single one is it not? But if it's not in the poc surely i can challenge it, otherwise by the time i've paid off the original amount they will then be expecting a further 45k at the rate they are charging now?

[AndyOrch]

Yes it is it standard Judgment stationery which is applicable to any debt over 5K (ATM)...you need to start researching Post Judgment interest then.

[bilious]

Yep had a quick look at a link one of the guys put up and it says they have to inform me in writing that they are going to do this and that they have to send statements of account etc etc and i have had none of this from them?

 

But it seems to me they can do whatever they like and get away with it did everything right with my case and still ended up being rolled over by them..

 

sorry to rant very upset at this now...

[DuffNCustard]

I scanned your entire post this afternoon, a lot of water under the bridge and maybe also process that has not been properly applied.

 

OK we are where we are

 

You have a CCJ for a debt that has been sold a couple of times - no matter the CCJ ibinds alny debt owner

The CCJ did not specify a monthly payment amount, the origiinal Judge left it to you and the original creditor to agree this seems to have been done and £20 per month was agreed verballly

 

it would be good if you had this in writing

 

The CCG on the application of a creditor was then secured on your half of your property

 

A 'redetermination' somehow at the CO stage ordered a forthwith payment. The CO also seems to have included 'any interest'

 

Your creditors have not sent you any statements, as they are supposed to, clearly showing all transactions against this account (CCJ)

 

I can see three possible courses of action

 

1) try to unravel the courts/Judges 'wrong process' and the consequent decisions

 

I would call in another more legally experienced CAGGER to comment/ argue this action

 

2) You could apply to the court (your local one) for a redetermination. This would require you to provide the court with an I&E. Clever use of words could also in the hearing lay bare the interest being charged and the fact you've had no statements

 

This could be risky, you would get a Judge ordered monthly payment but they may get the interest from the point of this redetermination. IMHO your original credit agreemnt would not support you here as it now superceded by the CCJ.

 

3) You could negotiate in writing of course, with the creditor for a monthly payment. Don't cut your nose off to spite your face, you are after a written acceptance of a monthly payment. DO not mention interest or amounts owing. let them keep digging this particular hole.