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Anniebella

MBNA/IDR potential CO coming..they spoofed us on change court date?

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Brief history of one of our problems.

 

We were taken to court in Northampton by IDR for a £7k MBNA card debt.

 

Judgement was made for us to pay £20 a month.

 

Then we received a notice of transfer of proceedings to another court due to IDR not agreeing .

 

We heard nothing until we received a judgement stating that the case had been heard and we are to pay IDR the full amount of £7k!!

 

This was a great shock as we had no notification of the court date.

 

Citizens advice advised us to go to the court and apply for an ‘application for suspension of a warrant’ which we did.

 

Now IDR have replied with a letter stating that they have made an application for a Charging Order on our property.

 

We really don’t know what to do as we are in no position to pay the debt at the moment and worried about what they can do.

 

Can anyone help?

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hi AB

 

welcome aboard

 

are you saying you were not told of the date/time of the moved hearing ?

 

dx


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Hi dx

We knew the court date would be coming, but didn't receive any infomation of the hearing date.

The first we knew of it was the judgement.

When we went to the court they said 'the paperwork was sent, you should have received it'???

Also the hearing was due at our local court but the papers are stamped by another 70 miles away.

A

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Hi, couple of questions please...

 

When is the CO hearing?

 

Did you defend the original CCJ or admit to the debt?

 

Are you sure there was actually a hearing to vary the amount of repayments as the Court could have done it without one?

 

 

A CO will secure the debt against your property and depending on the type will need to be paid off next time you sell your house. There is also a very, very tiny chance the Claimant could try and force the sale of your house.

 

A good idea would be to either fight the CO or accept it and ask for instalments again at whatever rate you can manage on the basis that there be no application to force the sale of your house.

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I would also request a copy of the Redetermination Hearing Notice and proof that it was heard in your Local County Court.Question why the Order was stamped in a Court 70 miles from your home.

 

Did you make application to vary it back to monthly payment N245?

 

Application to set aside or vary judgment –procedure

 

CPR 13.4

 

(1) Where –

(a) the claim is for a specified amount of money;

(b) the judgment was obtained in a court which is not the defendant’s home court;

© the claim has not been transferred to another defendant’s home court under rule 14.12 (admission – determination of rate of payment by judge) or rule 26.2 (automatic transfer); and

(d) the defendant is an individual

the court will transfer an application by a defendant under this Part to set aside(GL) or vary judgment to the defendant’s home court.

(1A) Omitted

 

Regards

 

Andy


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I forgot to ask, what Court was it transferred to and what Court made the Order to vary to forthwith?

 

Could you scan and post both Orders on here?

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Hi Ganymede

At the moment we just have a letter from IDR stating they have made an application to the court.

No papers from the court yet.

At the original hearing in Northampton we filled in the form sent by the court stating our current financial situation and our offer of £20 per month.

The judgement says it was before Judge Savage at Worcester CC (although stamped by Stafford CC)

Thank you for your response

AB

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Hi Andy

When we went to the court I asked the Court office why it was stamped in Stafford. She replied 'sometimes that happens'

On advise from Citizens Advise we applied for reduction in instalments

I feel we may have been hasty in doing that? But at the time we paniced and did'nt know about CAG

AB

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HI

It was transferred to Worcester but stamped at Stafford.

I can get things scanned tomorrow.

What details do you advise I need to remove before showing online?

Thanks AB

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Just remove anything identifiable...names /case number/court/bar codes if any/ and round the figures up.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi Ganymede

At the moment we just have a letter from IDR stating they have made an application to the court.

No papers from the court yet.

At the original hearing in Northampton we filled in the form sent by the court stating our current financial situation and our offer of £20 per month.

The judgement says it was before Judge Savage at Worcester CC (although stamped by Stafford CC)

Thank you for your response

AB

 

 

Ok so you completed the admission form and made an offer of £20 pc which is why you have the CCJ against you.

 

If you were not given notice of any hearing date for the variation of the payment rate then it must have been done on the papers by the Court without a hearing.

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Pictures with my phone sorry...I can scan tomorrow if quality is not good enough?

 

atts removed - dx

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You need to convert the uploads to pdfs Anniebella ......far to small to decipher.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


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Share on other sites

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


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