MBNA CCJ/CO sold to Optima Legal & PPI REclaiming

[siriusb]

Hello,

 

I am hoping someone can give me some advice.

 

I have a £10,000 debt with MBNA which resulted in me going to court and a charge being placed against my house. Basically I pay a set amount each month, but if I sell my house they get paid the full amount. The only problem with this is my house is in negative equity to the tune of around £30,000

 

Due to a serious operation it looks like I may be dismissed on capability ground as Occupation Health feel I am no longer able to do my job and due to cutbacks there is nowhere else to place me.

 

My debt with MBNA is managed by Optima Legal who have said they will only accept offers of 85% of the debt. If I can offer less they have said they will put it through to the 'client'. I have spoke to MBNA who have said that it is Optima who make the decision.

 

Prior to the debt going to Optima MBNA offered me a settlement figure of £2800 which I didn't have at the time.

 

I'm trying to do the right thing by sorting out a settlement figure now - before I lose my job as I am pretty sure once that happens the amount I will be able to pay them will drop to literally a couple of pounds a month.

 

Has anyone any thoughts or experience of what figure MBNA would be likely to accept?

 

Thank you for reading this far.

 

Hx

[dx100uk]

how old is this give us the A/C history

 

did you challenge the CCJ/CO before it happened?

 

something is not right here

 

if MBNA offered a short settlement, then its either all charges or mis sold PPI

 

or there are paperwork errors.

 

do optima 'own' this debt, or are just collecting the CCJ/co

 

dx

 

 

dx

[siriusb]

I have had the account in excess of 5 years - though I couldn't say the exact date it started.

 

The debt increased after I moved house, had work done paid for on my card and then my husband left. Financial chaos ensued. I would have sold the house but as I mentioned it is currently in negative equity.

 

After MBNA offered me the settlement figure which I couldn't make It was passed to Optima who went for a CCJ which was granted with a repayment of £350 per month. Under advice of CCCS I challenged this and it was reduced to £38.50 a month. The judge said they could put a charge against my house but could not pursue it provided I met this payment - with the clear exception of repayment if the house sold.

 

And that is where I am now.

 

Does that help explain how I got to where I am now.

 

When I spoke to MBNA they said they could not speak to me now regarding the debt as Optima were the handling agents - the woman did mention if the debt was recalled it would be dealt with Debt Clear (is that their inhouse debt collection company). Can I ask/encourage them to recall the debt? Would there be any benefit to me? I wondered if they would accept a lower settlement figure if it was being handled in house?

 

Hope that all makes sense.

 

Hx

[ims21]

Hi

 

As dx says, there may be over limit/late fees on the account all of which can be claimed back.

 

Also the possibility of mis-sold ppi.

 

These could make a significant dent in this.

 

Are there any such charges or ppi?

 

ims

[siriusb]

I know at the moment there is no interest etc being added.

 

I don't have all the records/statements etc so I guess the next thing I need to do (looking at the other postings) is submit a SAR.

 

I am pretty sure I had some sort of payment protection which I cancelled when money really started getting tight. Have I messed up my chances of a PPI claim? Also perhaps you could explain a bit more about late fees. I know there are bound to be a few of these on there. Can they be claimed back?

 

If there is a PPI / late fee amount that can be claimed back how does that work given a judge has already handed down a judgement to Optima on behalf on MBNA, and have been granted a charge against my property. I am trying not to get ahead of myself here - just a complete novice trying to get their life back on track.

 

Hx

[ims21]

Hi

 

First, I think you will have a real fight to ge a judgement overturned but what you want to do is mitigate the impact of this charge on your home. Cliaming back the ppi and unlawful charges will adjust the amount due.

 

So your first thing is to get a SAR off as soon as possible making sure you put emphasis on the point of requiring a full transactin history on the account. There is a template in the library, the link to which is at the top of every CAG page. There is a statutory fee of £10 to go with this. They will have 40 days to comply.

 

From the information you get back you will be able to prepare two claims, one for the unlawful charges, i.e. late fees and over limit fees, and one for the mis-sold PPI.

 

And yes, those late fees etc are claimable.

 

Take a look at the fos website PDFs and the criteria for mis-selling ppi. Find as many in the list that apply to you as these will form the basis of your mis-selling claim.

 

While you are there, download the consumer questionnaire ready for completion as this wil accompany the claim you make.

 

Bear in mind that for both the charges and the ppi on a credit card, you will be claiming the charge plus compound interest at the rate the card company charged you. This compound interest can mount up to a substantial figure quite quickly.

 

ims

[siriusb]

You are a star - thank you for explaining things clearly. I will be putting the SAR request in tomorrow (recorded delivery). Looking on the forum it seems like these can take quite a while to come through.

 

Hopefully you wont mind if I come back to you at some point in the future for further advice.

 

Hx

[ims21]

Hi sirius

 

You're welcome

 

Just ask for more help when you're ready and someone will give you advice

 

Regards

 

ims

[siriusb]

Hi,

 

I have two remnaining days for a copy of my CCA from MBNA. What is the position if it doesn't arrive in the prescribed 12+2 days?

 

I have held off sending a SAR to Optima Legal as I don't want to provide a copy of my signature that can be copied over (does that sound paranoid?)

 

I have a court judgement (CCJ) that says how much I have to pay per month - as well as Optima placing a charge against my house (I cant be forced to sell provided I pay the amount determined by the judge).

 

When I went to the re-determination of the CCJ hearing the judge was very good but I didn't question the amounts MBNA/ Optima Legal said I owed as I was in the grip of depression and on very strong painkillers due to a back injury (all noted with my GP).

 

Any thoughts/advice on any of these matters?

 

Hx

[dx100uk]

if the CCJ is on the debt that you are awaiting the CCA for, then no dice!

 

the CCJ nulls the old agreement.

 

tell us more please

 

dx

[siriusb]

Hi,

 

I'll cut a very long story short.

 

Owe £10k to MBNA (who still own account) but it is managed by Optima Legal.

Got into trouble meeting normal payments when marriage broke down.

All creditors have been paid through CCCS for over two years.

 

Mbna took me too court,

I got a ccj issued against me and they put a charge on the house

which the judge ruled cannot be pushed to a 'sale' order provided I make the £38 payment per month.

 

I wondered what chance I had of getting PPI back

- I cancelled it when I had next to no money in order to try to continue payments.

 

 

I know there was quite an emphasis on you standing a better chance of being accepted if you took it out.

 

I have obtained my cca which is legit, and I am about to send off my SAR (taken from template on this site).

 

I'd value any idea of what I need to do once I get it back?

Can I do it myself or is it best to go through a company?

 

Hx

[ims21]

Hi

 

Whatever you do, don't go through a claims company. They will charge you a ridiculous amount in fees for doing pretty much nothing. You can do this all yourself.

 

If you haven't got all of your statements then SAR is your first step.

 

ims

[siriusb]

Hi,

 

Thank-you for replying.

 

I am sending my SAR request off in the morning. I'll certainly do as much as I can (with lots of guidance hopefully).

 

And additional bonus is that in amongst all the stuff I get back it should show that someone at MBNA offered me a reduced settlement figure a few years ago, and depending on that I may see if I can beat them down from £10,000 to a much lower full and final settlement now.

[siriusb]

Hi all,

 

Hoping I can get some thoughts on how best to proceed.

 

I am currently paying £38.50 per month to MBNA through CCCS (outstanding amount owed to them of £10,000). This is the amount set by the court through a ccj. MBNA via Optima Legal also placed a charging order against my property (ex husband also on mortgage but no longer contributes but I cannot afford to buy him out). All this happened when I was under huge amount of stress due to serious back complaint and was on huge amounts of medication (probably about 18 months ago).

 

Anyway - I have other creditors who I am paying through CCCS - none of whome have taken any legal action against me.

 

Prior to MBNA involving the ccj they did ask if i wanted to settle the debt for around £2800. I didn't have access to that kind of money at all so couldn't do it.

 

A family member has now discussed the possibility of loaning me some money for a F&F settlement of this particular debt. The CCCS have said seeing as I have had the DMP through them for over two years and always paid I should consider an IVA.

 

From what I know of IVAs they last for 5 years. I wondered whether offering them £38.50 times the 60months = £2310 was a fair offer as I have used a logical method to get to that figure.

 

Does anyone have any thoughts on how to put a strong, attractive offer forward?

 

Obviously this would have to be a full and final settlement, the charge taken off the house (which is still in negative equity) and the debt marked as satisfied on my credit file.

 

I'm currently waiting for a sar to come back from them.

 

Many thanks

[dx100uk]

three threads merged

 

so did you send that SAR off like was suggested last time?

 

if you can prove and reclaim the ppi/charges then there MIGHT be a chance to settle things totally

BUT you must reclaim FIRST

 

might even be able to set aside the ccj/co

 

dx

[siriusb]

Thank you for pulling all threads together.

 

They did provide me with a proper cca, however didn't send off for the SAR in June as became quite poorly after surgery. Fighting fit now and trying to sort whole of life out!

 

Sent off SAR last week and they have cashed cheque so ball is now rolling in that department. Have to admit only paperwork I have is stuff from my dealings with Optima Legal ~ is there anything I can be preparing whilst I wait for the SAR info to come back in relation to PPI and claiming back late fees etc?

 

Kind regards

[dx100uk]

write down everything you can about the timeline and payments when and where

 

dx

[siriusb]

To cut a very long story short MBNA have a charging order on my property from June 2010 which is not enforceable provided I make the payments on my CCJ (which I have). It is MBNA stated on the court documents.

 

I have just found out the debt has been sold to Marlin (as of July 2012 - I didn't receive notification).

 

In both cases Optima Legal is acting as the agent collecting my payment but they are not the holders of the debt.

 

What I want to know is whether the charge can just be transferred between companies like that. I appreciate the debt can, but can a court order?

 

Optima Legal have told me 'All rights have been transferred'....but i'm hoping some sharp eyed legal types out there can confirm or deny this.

 

Many thanks,

 

Hx

[BRIGADIER2JCS]

Good morning,

 

Marlin will have to apply to the court for them to be name as the claimant, unless they do they cannot enforce the judgement.

[siriusb]

Thank you for your quick reply

 

Can I contest it on the same basis i should have contested it in the first place? (I was too unwell and doped up on pain medication to do anything at the time).

 

I am hoping to have the ccj set aside (as i am planning to claim back ppi and *hope* i get it therefore the amount stated in the ccj would have been incorrect). Additionally, in my exceptionally limited understanding off ccjs and charging orders , i'm not sure at the time the ccj was granted that the charging order should have been granted on the basis I had not missed any ccj payments.

 

Does that make sense or am i barking up the wrong tree?

 

Kind rergards

[citizenB]

Unfortunately charging orders are a lot easier to obtain, even if the Judgment debt is being repaid. There is an article about the changes somewhere on CAG I will go and find a link.

[siriusb]

I was hoping that I could dispute it on the grounds that 50% of any equity belongs to my ex husband, and that if all my share of the equity goes to Marlin it then unfairly disadvantages my other creditors.

 

I don't know whether i could contest it on the grounds of me paying my ccj (which dates back to 2010) so should it have been granted if i was paying stated amount? I know the rules changed on this in 2012.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?354089-Payment-by-instalments-making-and-enforcing-charging-orders-changes&highlight=Charging+Orders

 

I would have thought that they could have only obtained a restriction if the house/mortgage is jointly owned ?

 

IMHO, if you have PPI to be reclaimed, I would sort that out as a priority and repay the Judgment debt as soon as you can.

 

Unless you default on the Judgment instalments, then they will not be able to force a sale.

[siriusb]

The PPI claim is with MBNA so I'm just waiting to see what happens there.

 

Unforunately I am not in a position to pay them off as it is a judgement for around £9000

 

But I am trying very hard to sort my finances out.

[citizenB]

Ah right.. well of course if we can do anything to help, just yell