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  • Advice wanted

    As everyone who needs to know already knows I am here to help with my OH's run in with the Banksters.

    We are intending to follow the UE route shortly if the experts feel it is something we can do but have something we need to sort and are in the process of sorting right now.

    In the meantime I am looking at what debts are suitable for what you guys do best. In the scheme of things they arent world beater debts but to us they are. Its all relative.

    Anyway to the advice. Niddy has kindly given me the information on CCJ/CO transfers and am content we are where we are at the moment as that is what the law says so not much I can do about it.

    Now I want to throw open this account and see if anyone has any idea's on reducing the amount owed of something that actually seems immoral to me. Please do understand I could be saying this as I am too close to it.

    The account in question is our MBNA debt. The values are all approx but about right.

    Balance of £2800 defaulted summer 2009. Default notice wanted full amount paid. Gave us 17 days to comply.

    Got taken to court for £2700 winter 2009. £210 costs added. CCJ awarded. Taken for CO £266 costs added. Total costs £476

    Judge awarded payment at £21.50pcm. Optima legal wrote after CO saying if payments kept up to date that was it (kind of them I know)

    About 6 months later Optima Legal started asking for more. OH after the meltdown paid up for fear of melting of children and other threats etc. Eventually was paying £50pcm.

    This was stopped and reduced back to judgement award this summer due to unemployment.

    Debt of £2300 was sold to MFS just as we managed to get the reduction back to the CCJ payments.

    All been quiet since.

    Neither the CCJ or CO has been registered by MFS. They remain with MBNA

    Finally yesterday we recieved the PPI award on this debt. Yes you have guessed it £2700.

    This account is such a mess I dont really know where to start. I have an outstanding SAR which would be very interesting if a CCA arrived in it.

    Optima spent the intervening 3 years between CCJ/CO and sell up trying to get us to settle at about £400 less than the debt. We couldnt.

    When I look at this debt, also knowing MFS will have paid diddly squat for it, it somehow seems immoral that someone who missold us an insurance policy have a charge on OH's property for a similar amount to the policy.. A CCJ that wrecks OH's credit and a debt that now belongs to another company for less than the amount of the missold Insurance.

    And the courts have been complicit by awarding against the dirty filthy debtor thus securing this debt which didnt exist in the first place but was an missold policy with court costs added on.

    You couldnt make that up if you tried but there it is. It feels now with the money in our hand that someone has come along and just demanded a couple of grand and the court has said yep there you go a judgement against you because a bank wouldnt lie.

    Finally before anyone asks OH was not in a position to challenge this when it happened back then. Am sure everyone will understand this from our own dark days.

    I would be grateful to anyone's advice on where they would go with this.

    Obviousy UE is a no go because of the CCJ. And that was why I was originally very interested in how these things are traded. But like I said earlier I accept Niddys explanation that this is a no go.

    Sorry for the length of the post just trying to put in everything I felt was required for you guys to comment.

    Thanks

  • #2
    Re: Advice wanted

    Thing is FP, what Ken is saying, is there was a CCJ and CO awarded against a debt of £2700 plus costs, which when the PPI relciam was sorted, amounted to the same, thus would have wiped the debt prior to CCJ

    Is there no way to re-apply to the court to get the CCJ removed based on the fact there would have been no debt to judge against had the PPI not be paid?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Re: Advice wanted

      Originally posted by SXGuy View Post
      Is there no way to re-apply to the court to get the CCJ removed based on the fact there would have been no debt to judge against had the PPI not be paid?
      Yes, you should be able to do this as technically any refund of PPI is retrospective meaning it gets front loaded back into the account as at the date of inception, hence at the time the court hearing took place technically the balance would be NIL>

      If the judge says get lost, you'd simply apply for set-aside based on the fact you have a reasonable chance of success as a result of the debt not actually becoming due, as at the time they issued a claim.

      A lot of retrospective issues like this cause confusion.

      Paul will be best to help, I'll ask him to come check this out... cos i could be totally wrong lol
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #4
        Re: Advice wanted

        I have emailed Paul, see what he thinks....
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Advice wanted

          Cheers Guys.

          I just wondered if I was going mad or was too close to it.

          Please ask if there is anything else you need to know.

          I have a SAR outstanding £10 cashed 2/3 weeks ago but 40 days not up till next weekend. I was hoping to reconstruct the account on the back of this and if lucky might get a CCA for Niddy to look at (Obviously understand its worthless at the moment as the CCJ did for it)

          As you all already know we not in a rush for anything but this if at all possible would be the xmas and birthday cake all rolled into one. It is the one we are resigned to paying.

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          • #6
            Re: Advice wanted

            PS.

            Not getting my hopes up but many thanks for looking.

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            • #7
              Re: Advice wanted

              Thanks FP

              Its there now. Not the biggest sums but still enough for us.

              It will be kinda quiet at first as we just have a few things we want and need to do.

              Too much going on in personal and money life to be distracted by tossers.

              But seeing as this thread has started with one of them I thought maybe it was time to put the others up.

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              • #8
                Re: Advice wanted

                FP

                Thanks. Like us all just want to be rid.

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