Please help me with MBNA/OPTIMA...they want redetermination

[mollies_mum]

Hi,

I've been looking around the site all week and have found some great info but none that directly applies to me and my situation so some advice would be great. Here is some background....

I was with Harrington Brookes but terminated them because of the huge chunks they were taking in 'management fees' and their failure to make regular payments on my behalf.

I am now dealing with everything myslef and have had complete sucess with all my creditors (5 in total) apart from MBNA/OPTIMA.

I wrote to them on March 11th asking for 28 days breathing space to get my finances in order, they responded on 23rd March by sending me a claim form through Northampton County Court for the full amount. I admitted the amount (naive now I know) and gave them details of my ingoings and outgoings and how much I could afford to pay them each month.

MBNA/OPTIMA objected to this amount but Northampton Court decided that this amount should stand and to make the first payment on a certain date (which I have done)

I then received another letter saying that MBNA/OPTIMA have objected and that I should attend my local county court for a redetermination hearing. No more info just a date and time.

So now I have some questions....

My main one is do I have to attend? I don't want to and also I cant afford to have a day off of work as I do not get paid if I dont go in.

Can I put my case in writing? I already have a ccj from this and my home is in negative equity and is only a short while from being repossesed by Northern Rock as I havent paid the mortgage since February so a charging order wont make any difference to me.

What would I put in a letter? I think MBNA/OPTIMA have been completely unreasonable so I was going to include copies of all my correspondance with them, proof that other creditors have accepted, my soa and letters to show my mortgage arrears.

I was going to send a letter anyway prior to the hearing but have no idea where to send it or who to address it to.

What a mess.....any advice would be great, I have 2 kids and have recently separated from my husband so I'm desperate to sort this and move on for a new fresh start with all payment arrangements in place...

Thanks in advance

[BRIGADIER2JCS]

It is always best to attend some judges take the line that if you can't be bothered to appear an fight your corner

they wont be too helpful.

 

You need to sort all your documentation into chronological order and make separate note of the points you wish to make.

The other problem is if you get a judge in a hurry or on a busy day if he has just a large folio of papers you have sent in

his or attention span is likely to be very short.

[DeterminedUK]

I feel for you, my husband is also having trouble with MBNA/Optima, out of 12 creditors these are the ones giving us the current headache.

 

We too are going through a redetermination with them, but at our request, not theirs.

 

I hope you receive some sound advice, I can't offer much I am afraid as my knowledge is limited, but definitely attend the court hearing. From what I can gather it will last approximately 10 minutes and will take place in private - could you take this time as your lunch hour or come to some other arrangement with your employer?

 

Good luck!

[Cadbury1879]

Hi Mollies Mum

I have attended a redirmination hearing,

it seems a scary thought to go to the county court.

But infact its just an office which you give your side of the story and state the amount you can pay, the Judge is a person and will listen.YOU can only pay an amount within your means do a proper I&E include everthing.Take with you the I&e , Bank Statements etc and offer a prorata payment. Taking into account priorty debts ie mortgage.

I would suggest help from National Debt Line to ascertain exactly the payment and route to take.

In summary YOU must attend a days wages lost will be repaid in the long term.

If I can help with my experience in any way please ask.

All the Best

Cadbury

[BRIGADIER2JCS]

Excellent advice from some one who has been through the process!!!

[bilious]

Similar problem with optima/mbna they will go for a redetermination for a forthwith, then go the ico then co route (sorry thats what they've done to me, and lots of others...) Seems to be the way that they operate unfortunately...

 

But great advice from Cad, you really don't have to worry about the court itself...

[mollies_mum]

Thanks everyone for taking the time to reply, it really is very much appreciated. I am a teacher so time off in term time is a no-no and I only have half hour lunch. I dont really want work to know what is going on.

Does anyone have any advice about sending a letter prior to the court hearing to the judge? I just wanted to outline my case and give them all the facts before my hearing, I want the judge to see that I have tried to negotiate with MBNA/OPTIMA on numerous occasions but they were having none of it!

Also what happens if I send a letter instead of turning up to the hearing? Will I get arrested or will they send the bailiffs in or anything else as equally nasty? Im not saying I wont turn up to the hearing I'm just asking so that I can try and get it all straight in my head!

Thanks again, you're all very reassuring!

[Cadbury1879]

Hi MM

if you don't go to the hearing the creditor will pull apart your initial i&e sent to Northampton. The judge will then decide what is a resonanable amount for you to pay.

As you are not there to defend such amount. YOU will be abliged to pay this amount. If you default on this amount then the creditor can issue enforcement action., including balliffs, attachment of earnings etc.

You are in control do not be intimitated as if you do not attend a amount will be specified without any imput from you. I have been through the process. As a teacher you surely must realize that you can make a difference to the result by stating you case.

All the best

Cadbury

[BRIGADIER2JCS]

Agreed you must state your case because if you don't you giving them all the lee way tey need to stitch you up.

[Cadbury1879]

As Billious says the court is not that bad,

But you need to be proactive. I would look to the long term.

PAY the amount within your means.

This can be taken out your hands.

[BRIGADIER2JCS]

Please remember debt is not a criminal offence you cannot be arrested for any thing.

you need to protect yourself against loosing the case and you can only do this by appearing before the cour and stating your case,

otherwise the claimant can say what they like without any challenge.

[Cadbury1879]

Your right, Brigagdier

[BRIGADIER2JCS]

Please keep us up to date there is a supurb wealth of experience and knowledge here to help you.

 

Brig.

[bilious]

I agree with the chaps, they will say to the DJ you spend too much on food, clothing, petrol etc etc. And if your not careful they will stitch you right up unfortunately!!! Been there with these guys and they will try it on big time!!!

[BRIGADIER2JCS]

Thats dead right unless you or someone authorised by you(Litigation Friend) attends to put your case

they will get what ever they want.

[bilious]

They really do seem to love having CO's for some unbeknown reason? And it'll only be a restriction, plenty of stuff to read up on!! But the main concern if your not there they will go for as much money as possible out of you... And if your not there to argue the dj will just rubber stamp it (have my co and the original payments which i could afford, obviously not how much they wanted...) But tough, two very young children so they will be stuffed to try and sell it but hey ho! They've got their beloved CO, bless em!!! (Not.)

[BRIGADIER2JCS]

The threat of CO's is seeming to get more and more common even for relatively small

amounts I wondered if the leaches like to show the orders they obtained as'' assets'' in their accounting.

[mollies_mum]

Hello everyone and thanks so much again for your input, it really is appreciated!

Of course I know that you are all right and I must attend I'm just nervous because I've never done this before, I suppose that is what MBNA/OPTIMA is hoping!

I just wanted to get it all straight in my head, the last thing in the world I want is to get a judgement against me for the full amount, I can't pay so the bailiffs come round especially with my mum at home looking after my baby every day. The thought of them turning up is much more terrifying than going to court!

I just need to take a deep breath, get organised and get on with it!

Can I take someone with me into the room?

Also should I send a letter/my budget etc to the judge before hand?

I'm not bothered about a CO, my house is in 20 grand negative equity and is due to be repossessed in the next couple of months anyway. They wont get any money from that. Should I tell the judge at the hearing this is the case? Also what happens if they get the CO, house is reposessed, they dont get their money, then what? Do I just keep paying my agreed monthly instalment? Will they come after me again? I will have no extra money and be in rented accommodation

Thanks again, you're all fantastic!

Thanks again

[BRIGADIER2JCS]

You can most certainly take someone with you or even to speak for you

they would act as ''litigation friend'' if you wanted.

Put all the info you can together it will all help!

[bilious]

From what i can gather, and there are far far, more knowledgeable people than me!! If the co doesn't go ahead because of the repo? Then i imagine you will get an installment order for whatever the amount is? And make sure that you pay it every month then there will be no bailiffs as you will not be in default of the order?

 

I too was absolutely terrified but it really was no problem whilst i was in there, yes gutted that they got their CO, but as long as i keep up my agreed amount there is nothing they can do!!!

 

Others will tell you exactly what may happen..

 

Bil..

[BRIGADIER2JCS]

If you are ordered to pay the Judge will only allow payments at a level you can reasonably afford

this one reason it is imperative you attend the hearing.

[Cadbury1879]

Hi Mm

Gather all your facts together and look to the long term.

If you beleive your house will be repossed,there is no point In them obtaining a c/o. In your circumstances ( I don't know the amounts) there may be other routes to take such as a debt relief order, bancruptcy etc. I would strongly advise contacting a debt charity CAB, NDL or CCCS.

If time is short, then attend the hearing and explain your situation to the judge.you can take someone with you,

but don't worry to much the court is there to dealwith the public. I believe you need a definitive route to take in dealing with your financial problems.

You are however not alone!! Me, & thousands of others have similar problems to varying degrees. Billious and no doubt the other posters have had similar stress.

All you can do is defend your self to maximum benifit in the future.

All the best

Cad

[Cadbury1879]

Just another, point I should have said.

The situation concerning Baliffs should NOT be a serious concern. You Are a long way from this scenario IMO.

So don't worry.

Cad

[bilious]

Very True Cad, but the biggest one for me is if i hadn't turned up they would have added thousands in costs, plus a ridiculous figure to pay back which i wouldn't have been able to afford, which would have given them a range of even more stressful resolutions open to them against me.. Where as now i pay my monthly fee by SO, and hopefully they will leave me alone until i can either offer a f&f to get rid of the CO or just keep paying till i die...

 

But loads of people here to fight your corner, you really are not alone Cad was massive help along with andy, mould and loads of others they helped me through it all, and they'll help you to mollie!!!

[mollies_mum]

Thanks everyone, I'll keep you up to date as it all happens