MBNA Charges - refused

[up2meears]

Sorry Ford, I completely absorbed everything wrong lol. I assumed I would need to give them time to do something - I think I had it in my mind that this would eventually go to court before it was finished so thought this was just the next step

[AndyOrch]

Have a read around ...executing a judgment....then you can decide whats best.

[up2meears]

Cheers Andy,

 

Will do that now and report back later

 

Up2

[up2meears]

I sent a letter to MBNA along with a copy of the General Form of Judgment or Order asking them to forward payment immediately. I didn't send this registered as I'm not around when the post office is open, so I'm not surprised I haven't heard anything. (I will be re-sending recorded on Sat)

 

However, I need further advice please. Firstly, does anybody have an email address for MBNA Legal Department please? I have had a look but cant find one anywhere.

 

On MCOL claim history it says that my judgment has been issued - but says below Judgments entered against this claim None? Is this right?

 

Lastly how long do I have to wait before I can inform the court they haven't paid/responded?

 

Many thanks

Up2

[Ganymede]

Judgment is forthwith so you can enforce immediately.

 

You don't write a letter to the Court, they won't care.

 

You need to pick your method of enforcement (bailiffs, charging order, bankruptcy, third party debt order etc) and complete the relevant forms and pay the appropriate fee.

[AndyOrch]

See post #127

[up2meears]

Judgment is forthwith so you can enforce immediately. Thanks Gany,I keep thinking I have to give them time. Andy has told me this before For some reason my head wasn't taking it in

 

You need to pick your method of enforcement (bailiffs, charging order, bankruptcy, third party debt order etc) and complete the relevant forms and pay the appropriate fee.

 

 

 

 

See post #127

I have had a look into this, am I right in thinking I cant use the High Court Enforcement Officer due to the nature of the claim and the Consumer Credit Act? If this is the case, I think a Warrant of Execution is the best way but as always any advice is welcome

 

Many thanks (and sorry for being thick)

Up2

[Guest]

maybe CPR 40.11 applies? ie 'A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(a) the judgment or order specifies a different date for compliance (including specifying payment by instalments);

(b) any of these Rules specifies a different date for compliance; or

© the court has stayed the proceedings or judgment...

.......

justice.gov.uk

 

you've asked for payment? if they don't pay up, consider enforcement of the judgment?

[up2meears]

Thanks Ford, and thanks Andy for replying to my pm.

 

I have been back onto MCOL to try and request a Warrant but although it shows this as an available option there is no link to click to access this? As the judgment was only issued 12 days ago is it possible that I won't be able to access this for another couple of days (due to the CPR Ford mentions?) Or should it be accessible now? In which case I'll call the court tomorrow for advice.

 

If anyone knows that'd be great

Many thanks

Up2

[Ganymede]

maybe CPR 40.11 applies? ie 'A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(a) the judgment or order specifies a different date for compliance (including specifying payment by instalments);

(b) any of these Rules specifies a different date for compliance; or

© the court has stayed the proceedings or judgment...

.......

justice.gov.uk

 

you've asked for payment? if they don't pay up, consider enforcement of the judgment?

 

 

 

The Order states "forthwith" so the above doesn't apply.

[Guest]

The Order states "forthwith" so the above doesn't apply.

 

ok, cheers. so the 14 days doesn't apply due to the 'unless' ie the 'forthwith'?

[up2meears]

Thanks Gany,

 

So the option to request a warrant should be available to use on MCOL?

 

Up2

[AndyOrch]

Thanks Gany,

 

So the option to request a warrant should be available to use on MCOL?

 

Up2

 

It should enable..try again this week.

[up2meears]

It should enable..try again this week.

 

I've tried again to request a warrant via MCOL and the link still isn't enabled so I have printed off form N323 and filled it in.

 

If I emailed this to the MCOL email address I sent the judgment request to would they simply call me to request a card payment or would they reject it? Or is mailing it with a postal order my only option?

 

I am going to call the court tomorrow to see if the request warrant link can be activated, but was just wondering about my options.

 

Many thanks

Up2

[up2meears]

Sorry me again!

 

Just had a thought. I have put MBNAs legal department address (Chester business Park, CH4 9FB) in section 3 of the warrant request - should this be MBNAs registered address which is Stansfield House, Chester Business Park, Chester CH4 9QQ. Clearly the same area but different post codes so possibly different buildings?

 

Cheers

Up2

[AndyOrch]

I would check with the Court first up2 its far more simplified if you can get them to do it and they will confirm the address.

[up2meears]

Thanks Andy,

 

I called the court and she said there's no facility to request the warrant online and that it needs to be transferred to MBNAs local court( which she did there and then) and advised that I should send the form and fee there.

 

I hung up and did a bit of digging around and on the MOJs EX322 it said I should send it back to the court that issued the judgment and they send it - so I called them back and they explained that because it had gotten to DQ stage and their defence was struck out it couldn't be requested online and I have to send it by post, so I will be sending it to Wrexham CC, which is where they said was MBNAs local court.

 

I don't doubt what the court has advised, but was just wondering your thoughts please.

 

Many thanks

Up2

[Guest]

Thanks Andy,

 

.......because it had gotten to DQ stage and their defence was struck out it couldn't be requested online .....

 

Many thanks

Up2

 

that seems correct, as a warrant for exe can only be available online (re a claim started mcol) where there has been judgment in default or re an admission (CPR pract direction 7e para 11.1, 11.2. see also to 12.2 inclusive re transfer. etc.)

if court has now formally transferred the matter to wrexham, then send it there?

[up2meears]

Hi Ford,

 

Thanks for confirming, I knew it was probably right had to check cos I'm a bit of a worrier.

 

Up2

[up2meears]

I have just got home and started to fill in the N323 again and I've realised I forgot to ask the court about what MBNA address to put on there (the registered address or the one I've been using for their legal department or something else)

 

If anyone knows I'd appreciate it.

 

Many thanks

Up2

[Guest]

according to the info ex322, is the address you want the bailiffs to visit which can be different to the claim form address? but suppose maybe their head/registered office?

interesting, warrant of exe re a bank! nice one

[up2meears]

Thanks

 

I thought the registered office made more sense but as I said #144 I do worry that I'm getting things right

 

Up2

[Guest]

don't worry. seems you're on the ball.

surprised though they haven't applied for set aside, or paid!

[up2meears]

Yeh, I was expecting that too, that's why I need to make sure I am doing everything right so that they can't cut me dead for silly mistakes. I can't help but think they're just waiting for me to mess up and render everything invalid.

 

Maybe they thought I wouldn't take it this far as I have heard many people start these claims then give up at various points along the way. Not me, they put me through years of distress and mental torture, and I am determined to see this through to the bitter (sweet) end

[Guest]

from what i see, you've done things all by the book

and i'll help, all that i can