Arrows CCJ old MBNA card dEbt - can i reclaim PPI/Charges

[Bonus77]

Need some advice on this one.

 

I had a credit card, back in 1998 which had a limit of £2k. I managed to max it out when my wife found out she was pregnant and had to give up work after being poorly.

 

Back then, I had a few debts so took the advice from Baines and Ernst(stupid I know!) and stopped paying all unsecured and allowed them to deal with it.

 

Needless to say the debts mounted, Baines and Ernst left me in awkward position and the credit card with charges elevated to £3k before it was passed to a DCA.

 

A few charges later, and the debt went up to £4k, and I was issued with a ccj as I couldn't keep up with my Baines and Ernst commitment

 

As I was a property owner, they put a charging order on my house in 2009, adding 8% interest to the judgment which now stands at £7200.

 

I know I really buried my head in the sand and I don't want to avoid paying my debts but I really want to reduce this amount, it's so inflated. I know I didn't pay much toward it, but things spiralled and it works out over £5k in charges and interest.

 

I have the original agreement which shows I chose ppi, so have SAR'd them to get an idea of what I can try to reduce the debt by.

 

I doubt they will be able to provide anything bring so old but am wondering were they in their rights to add 8%?

 

Is there anything else I can do to reduce this, possibly get it set aside? Am slowly rebuilding now and really want to sort my old mess out

 

All help very appreciated

[oleg]

From your thread title, I presume Arrow G bought the debt and Wescot are collecting on their behalf. When did the assignment occur and who brought the CCJ against you?

[Bonus77]

That's the way it seems, although I recieved a letter in march 2013 saying that 'Westcot SPV ltd (the owner of your account detailed) is changing to Arrow Global Accounts management limited'. So think they are one of the same, although when I SAR'd westcot they referred me to arrow.

 

The claimant on the judgment however is 'Westcot SPV ltd'

 

At what point MBNA assigned my debt to Westcot am not sure at the moment, hoping the SAR will show.

[BRIGADIER2JCS]

They are indeed one and the same.

The SAR may produce results as the creditor MUST keep records for six years after the account is closed.

[Bonus77]

Great that's good to know, I wonder why westcot passed to arrow if they are the same?

 

Any thoughts on if they are allowed to charge the stat interest?

[BRIGADIER2JCS]

The amalgamation is recent.

[Bonus77]

Need some advice on this one. Have posted on a sub forum, but really wasnt sure if it was in right place.

 

I had a credit card, back in 1998 which had a limit of £2k.

 

I managed to max it out when my wife found out she was pregnant and had to give up work after being poorly.

 

Back then, I had a few debts so took the advice from Baines and Ernst(stupid I know!) and stopped paying all unsecured and allowed them to deal with it.

 

Needless to say the debts mounted,

Baines and Ernst left me in awkward position and the credit card with charges elevated to £3k before it was passed to a DCA.

 

A few charges later, and the debt went up to £4k, and I was issued with a ccj as I couldn't keep up with my Baines and Ernst commitment

 

As I was a property owner, they put a charging order on my house in 2009, adding 8% interest to the judgment which now stands at £7200.

 

I know I really buried my head in the sand and I don't want to avoid paying my debts but I really want to reduce this amount, it's so inflated.

I know I didn't pay much toward it, but things spiralled and it works out over £5k in charges and interest.

 

I have the original agreement which shows I chose PPI, so have SAR'd them to get an idea of what I can try to reduce the debt by.

 

I doubt they will be able to provide anything bring so old but am wondering were they in their rights to add 8%?

 

Is there anything else I can do to reduce this, possibly get it set aside?

 

Am slowly rebuilding now and really want to sort my old mess out

 

All help very appreciated

[ims21]

Thread moved to legal issues

[citizenB]

You might be able to reclaim the charges back, however I would imagine it would be only those charges, prior to the Judgment debt.

 

Do you have all your statements up to that time? If so, then you should complete a spread sheet and send it to MBNA asking for them back. I suspect that they will almost certainly be refunded to the debt if they agree to refund.

 

If you don't have your statements, then you might want to send a Subject Access Request to MBNA - it will cost you £10.00 and they have 40 days to comply.

 

Are you making any payments toward the Judgment debt ?

[AndyOrch]

First off Bonus you need to retrieve a copy of the original summons and in particular the Particulars of Claim and check what it states with regards to sec69 interest (8%).Most particulars request this interest on debts up until judgment or payment whichever sooner.

So it depends how it is plead and if it is plead at all.If its not within their particulars then they are not allowed to charge it.

 

Read here :- http://www.legislation.gov.uk/ukpga/1984/28/section/69

 

3)Subject to [F1rules of court], where—

 

(a)there are proceedings (whenever instituted) before a county court for the recovery of a debt; and

(b)the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),the defendant shall be liable to pay the plaintiff simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

(4)Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

(5)Interest under this section may be calculated at different rates in respect of different periods.

 

Regards

 

Andy

[Bonus77]

Thanks Andy, I will try to get a copy of the original summons.

 

Cheers

[Bonus77]

The SAR from Westcot revieled very little, but I do now have copies of the orders (missing original CCJ & POC) and a copy of the original applicaiton form CA along with the T&C's copied on the back.

 

Am wondering if I scan them and post here, can someone help me figure out if there are elements that are unenforcable?? or ways to at least reduce the debt

 

I recall that if a DCA wants to add stat interest to the debt, then the T&C in the CCA must have provisions to cover this. I cant see it has at all.. so wondering if i can at least get the interest removed and possibly the judgment set aside so i can defend against the inflated amount.

 

The statetment I received from Westcot says:

Original Balance - £4092.56 (Credit limit was £2k. This contains over £2000 in charges + PPI but waiting for SAR and statements to show actual amount)

Payments - (£14.00)

Legal Costs/Fees - £455.00

Interest - £2556.61 (There is no detail of how this is broken down or calculated)

Further cost at final order - £210

Balance = £7200.17

 

Any help greatly appreciated

[dx100uk]

under cca 1974 act they are allowed to charge stat s69 up until judgement day.

 

however not afterwards nor any extra int on/from the judgement unless it specifically says so in the judgement .

 

on that front you'll not be able to set aside.

 

however, that figure of £2556.61 is excessive to the extreme for 8% on 4092.56.

 

so something is WRONG.

 

I expect your sar will be interesting [where have you already got the +£2k charges from? you cant inc int in this - only PENALTY charges & there subs int at the cards rate]

 

the PPI you can do the same.

 

can I suggest you scan up what you have

CCJ

CO

and anything else relevant.

 

set your default scan page size to A4 less than 300DPI [150 will do]

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 monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

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

..

 

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.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

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

.

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

 

you wont be able to 'now' use a un-en cca sadly the judgements over rule that.

 

dx

[Bonus77]

Thanks dx for your help, I will get scanning and post up what I currently have.

 

The £2k charges and ppi will have also included, interest so probably a little over estimated on my part there.

The thought behind my rough calc is my credit limit on my card was £2k, so was unable to use much past that limit. Possibly up to that point there were charges also.

 

Also I have found random statements from back then which each month I've found show ( an example on one from oct 99, balance at that point was £2735.42)

£15 late charges

£15 over limit fee

£18.14 ppi

Then interest of £40.21

 

So maybe £1k of that is actually interest.

 

Can post this up also if it helps? Strange the let me go so far over my limit and continue posting charges without defaulting my account

 

[ATTACH=CONFIG]44229[/ATTACH]

 

Find docs attached - I know quality isnt great, i used my phone and paint. If better copies are needed, let me know as have scans also

 

Thanks for help!

 

Dx, anything in my attachments I can use to dispute?

 

Cheers for help

[dx100uk]

certainly the penaly charges and the ppi.

 

this should once you have all the statements

amount to quite a bit.

 

I've asked someone to pop in p'haps

 

dx

[Bonus77]

Thanks Dx much appreciated,

[Bonus77]

Bump for a hand

[dx100uk]

with what

is the SAR back?

 

dx