restons/mbna claimform - now CCJ+CO - set aside?

[jcbkabs]

Hi all i sent a section 78 to mbna in feb 2009 they finally replied in feb 2011 but my question is if the account is in dispute can it be passed to a third party or issue a default and can they take legal action while it's in dispute?

 

 

can you let me have the section of the cca that states they can't

 

 

i was was trying to find out if i had paid any ppi and tick the box on the form so sent it to them in feb 09,they replyed in jan 2011. they said it is not easily readable (which i agree) and they would supply a readable copy still waiting in feb i recieved a court summons but only by accident they had changed my address from a house name to a number which i had not informed them about. had a letter off restons giving a date for court on the morning of court went told juge correct address but the court carried on sending letters to the incorrect address and so did the court then i received another letter just before xmas saying it was in court sent solicitor to that as i was not able to attened now received a warrant of exicution so looking to file a n244 form but need help filling it out have the letters i sent to mbna before the refured it to restons. also sent them a sar request but thay didn't include a copy of the default in with this nor any of the letters i have sent them.

i'm self employed and suffer from depression just got over a bout of it don't want it back

 

as judge awarded a charging order and £2000 in cost when account went into dispute i owed less than £2000

[jcbkabs]

Hi all i sent a section 78 to mbna in feb 2009 they finally replied in feb 2011 bow my question is if the account is in dispute can it be passed to a third party or issue a default and can they take legal action while it's in dispute?

 

 

can you let me have the section of the cca that states they can't ?

 

 

i was was trying to find out if i had paid any ppi and tick the box on the form so sent it to them in feb 09,they replyed in jan 2011. They said it is not easily readable (which i agree) and they would supply a readable copy still waiting in feb i recieved a court summons but only by accident they had changed my address from a house name to a number which i had not informed them about. had a letter off restons giving a date for court on the morning of court went told juge correct address but the court carried on sending letters to the incorrect address now received a warrant of exicution so looking to file a n244 form but need help filling it out have the letters i sent to mbna before the refured it to restons. also sent them a sar request but thay didn't include a copy of the default in with this nor any of the letters i have sent them or they have sent me there is about £450 in charges, and given in the the court after the hearing include a list of telephone calls but not all of them. the date they say in their court papers the default notice was issued is different to the one i received

I stopped paying because i broke my foot and being self employed didn't have any money coming in was off work 10 weeks but still having trouble with it as we were able to manage to py our mortage and council tax which we kept up to date. The judge awarded £2000 in cost when account went into dispute i owed less than £2000

an he also granted a charging order

i suffer from depression and stutter when standing in front of people to talk

if this is all jumbled sorry

thanks

Edited March 1, 2012 by jcbkabs

[asokn]

They can legally do all of those things notwithstanding that the account is in dispute (I'm not saying that it's good practice just that it is not unlawful). Otherwise we'd all put accounts in dispute for frivolous reasons and the creditor could do nothing about it!

 

EDIT: The judge awarded £2,000 of costs on a charging order application?!

[jcbkabs]

yes he also granted a charging order as well as their costs of £2000

[asokn]

Was that for the claim itself or just the CO application? I appreciate this is something of a tangent but it's a very high sum for a CO application.

[jcbkabs]

the amount by the time it got to court the claimed was owed went up to £3300 + £2000 in costs

[asokn]

I see, that makes more sense.

[jcbkabs]

how should i apporach this pay it all up or file a n244 form as i think the have deceived the courts by changing my address while knowing i still live at the address they changed it from hoping not for me to put up a fight

[Ganymede]

how should i apporach this pay it all up or file a n244 form as i think the have deceived the courts by changing my address while knowing i still live at the address they changed it from hoping not for me to put up a fight

 

 

 

I wouldn't focus too much energy arguing about the address as at the end of the day you still received all the documents!

 

I'm concerned about the £2k costs for a charging order (CO). CO costs are a fixed fee of around £215.00.

[AndyOrch]

I assume its £2k for the whole claim Ganny.

 

Andy

[Ganymede]

I assume its £2k for the whole claim Ganny.

 

Andy

 

 

 

Ah I see, must have misread.

 

Cheers.

[jcbkabs]

didn't get all the court letters as only getting the letters when the post man i know was on not our regular post man

[asokn]

Hi all i sent a section 78 to mbna in feb 2009 they finally replied in feb 2011... i was was trying to find out if i had paid any ppi and tick the box on the form so sent it to them in feb 09,they replyed in jan 2011...in feb i recieved a court summons... had a letter off restons giving a date for court on the morning of court went... now received a warrant of exicution... the default notice was issued is different to the one i received

 

I stopped paying because i broke my foot

 

It seems that you have, by accident or design, received everything. Did you file a defence to the claim? In any event you appear to have attended the relevant hearings.

 

The fact you broke your foot, although unfortunate, is not a valid legal reason to stop paying.

[jcbkabs]

yes sent it back with wrong address but didn't have any thing back off the court had a letter off restons the morning of the first court hearing, went made judge aware of correct address still no letters off court then i get a of land register to tell me that on there has been an application for a charging order on my home slight problem there my i signed a prenup there with the with back in 1997 when we got married i only get 1% of the family home she gets 99% if we split so would they be able to force me to sell my 1% its currently in neg ative ecuity by about £30000.

does not seem fair how the don't follow the rules yet the use them to make you follow them

[jcbkabs]

so what can i write on this n244 form need to get it in asap please anyone

[jcbkabs]

any one help please

[steven4064]

Why are you filing a N244? In other words, what are you applying to the court for?

[ziggylee]

Back in 1997 when we got married i only get 1% of the family home she gets 99% if we split so would they be able to force me to sell my 1% its currently in neg ative ecuity by about £30000.

No, they won't force you to sell regardless! Just because you have a CO on your property doesn't mean you have to sell it or it will be repossessed. A CO is a way of securing an unsecured debt and, while they are all too easy to obtain, Orders for Sale, which is what's required to force you to sell, are very rare! In fact, they are hardly ever granted for consumer debt under £25k. If the debt is yours and the property is jointly owned all they can register is a restriction. Even with a full CO the'd never get an Order for Sale for £3k.

[jcbkabs]

looking to get it set aside due to them changing my address to an address i have never lived so think this was to try and get the ccj with out me defending but i think this could be treated as fraud. at also they have not responed fully to the SAR there is not a copy of the default notice in there have also sent a complaint to the financial ombusiman as it took mbna over 12 months to responed to my section 77/78 request the they amitted it was not readable and would send out a readable copy still waiting

[asokn]

But, as has already been said, whether by accident or design you actually received the notices of hearings and attended court. I think you would struggle,particularly after all this time that you've done nothing, to have the judgment set aside on the basis of the reasons given.

 

At the end of the day, if you had received more paperwork/the paperwork you receive had been addressed properly what actual difference would that have made?

[asokn]

I signed a prenup there with the with back in 1997 when we got married i only get 1% of the family home she gets 99% if we split

 

what actually was this 'prenup'? was it a formal declaration of trust or did you and your ex wife just agree this?

[jcbkabs]

i've been suffering from depression i get good days and bad the last few months have been mainly bad so bad even thought about the unthinkable £2000 in costs is excesive so they are allowed to lie in court and get away with it need to deal with it while i'm on a high just incase i fall back in to the black days

[jcbkabs]

as to the prenup that was done before we were married in 1997 the wife getts 99% of any main residance i get 1% after any mortage is paid by with land registary it shows equal stake this was done so we could get the mortage on this house in 2007 but prenup still in force. we are still married she has helped me so much by draging me to the doctors and makes sure i take my tablets every day at the same time every day with out fail along with introducing a routine back into my life i use to be so active since i broke my foot i cant ride my bike stand to watch my boys play rugby use ladders and still walk with a limp i've gone from having saving and 3 holidays a year to no savings and worrying if we can make our mortage and council tax bill electric and gas all paid and up to date at the moment

[asokn]

But was it a formal declaration of trust?

 

As for the lack of promptness, could you support your application with medical evidence?

[jcbkabs]

yes doctor has my notes also have my tablets i take

prenup was done by a solicitor