MBNA - PRA Group - CCJ now issue of notice of warrant of control

[neil777]

Hi,

 

I have really screwed up.. Did not take this very serious.

 

Received a claim from PRA group, so put in a defence within 14 days than within 28 days.

 

Than received a DQ file and just waited to hear back from the courts but did not hear anything until yesterday with a issue of notice of warrant of control by post.

 

So logged online and saw the claim stats (see below)

 

Is there anything I can do? can I still defence ccj?

 

 

claim stats below

 

A claim was issued against you on 06/07/2015

Your acknowledgment of service was submitted on 20/07/2015 at 09:12:06

Your acknowledgment of service was received on 20/07/2015 at 12:00:39

Your defence was submitted on 05/08/2015 at 12:30:02

Your defence was received on 05/08/2015 at 14:00:49

DQ filed by claimant on 14/09/2015

General sanctions order was made on 17/09/2015

Your defence was rejected on 07/10/2015

Defence was struck out on 07/10/2015

A judgment was issued against you on 19/10/2015

A warrant ????? was issued against you on 06/11/2015 at 19:24:08

 

Would really appreciate any help...

 

Thanks

 

Neil

[AndyOrch]

You didnt submit your DQ neil ?

 

Regards

 

Andy

[angry cat]

External links removed

[AndyOrch]

All external links removed......nothing contained in them that is not readily available on CAG.

 

Regards

 

Andy

[neil777]

Hi Andy,

 

I was waiting to hear back from the courts after claimant filed the DQ.

 

To cut a long story short... due to my health and a mental breakdown plus the break up of my marriage for the last 2 years I have been living abroad to try and rebuild my life.

 

Is there anything I can do?

 

Thanks

 

Neil

[AndyOrch]

You could make application N244 to request relief from sanctions and set a side the judgment neil...but you will need a very good reason as to why you failed to submit your Directions Questionnaire ?

 

Alternatively you can stay the warrant using N245 and request variation in the payment...was this a forthwith judgment...what type of debt is it and in connection with ?

 

Regards

 

Andy

[neil777]

Thanks Andy for replying...

 

its relating to an old MBNA debt, dating back to jan 30 2010 when I first defaulted.

 

On the claim form it stats all the various debt companies assigned to which are than assigned to other debts companies. With PRA group with the current.

 

Forthwith judgment meaning the case was never defended or first time heard in court?

 

Thanks

 

Neil

[AndyOrch]

No forthwith means payment straight away...not monthly.

 

With regards to judgment debt any County Court judgment over £600, provided it is not regulated under the Consumer Credit Act 1974 (these agreements can only be enforced in the County Court by their own bailiffs);

 

Who has issued the warrant?

[neil777]

the warrant says..

 

to the debtor, you have not made payment under the judgment as you were ordered. The creditor has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. unless ou pay the amount due to the country court before 17 Nov 2015 (hand written) the bailiff will call and may remove goods for sale at public auction.

 

Payment is to my local court (The country court at Manchester)

 

At the top right corner of page it says In the county court of business centre

 

Total to pay is £27,622.94 (MBNA Debt is £19,470.93)

 

I have not received any post from the courts apart from the original claim form. No Court hearing or the judgement. This notice of issue of warrant of control is the first I have heard since the claimants DQ.

 

Thanks

 

Neil

[AndyOrch]

Who has issued the warrant ...the Court Bailiffs ?

[neil777]

Sorry Andy, but where would it say who issued the warrant?

 

On the notice it just say the above paragraph if I don't pay by the 17th bailiffs will call and may remove goods.

[AndyOrch]

I would contact the Court neil and request a copy of the initial claim and also a copy of the judgment for your records.....next complete the N245 and suspend the Warrant of Control also complete the I&E and make an offer of monthly payment...assuming you accept the judgment.

 

Important note..... the bailiff can continue to call round until the court agrees to suspend the warrant.

 

Regards

 

Andy