Urgent help needed for N244

[vint1954]

Re: Urgent help needed for N244

Thanks Never-In-Doubt. Got details now.

Card was taken out in 2003. In 2008, I found myself out of work. We started £1/month token payment and in 2011 Xmas time and car breakdowns meant we could not even afford £1... She sent in the CCA request in 2009 and heard nothing, account in dispute/serious dispute still nothing. Then there was quiet phase until. 2012 was a rough year and the last thing on our mind was junk/bad news mail. Anyway, at some point we received Claim through CCBC. They sent half a sheet of so called agreement, generic T&C and so called letter of assignment followed by Tomlins Order. We did the letter/estoppel run and then we had revised claim via CCBC asking for stay to be lifted etc. Our defence is that Deed of Assignment is not proper.

Niddy Emailed.

Was the deed your only defence?

I would email the documents that you have received, CCA and terms ect to Niddy. Do that tonight.

Have you got the original default notice that came. If so email this to Niddy also.

When you say they have altered the claim, do you mean that they have issued an N244? If you respond to that with a witness statement that sets out your side.

[Shandy]

Re: Urgent help needed for N244

Yes Deed of Assignment was only thing I could think of and yes they have done an N244 and we have done the same asking for stay to stay put and the other side to produce the requested documents.

Will look up the DN an email to Niddy.

[Shandy]

Re: Urgent help needed for N244

I have now received General form of judgement (N24) amount plus costs. I haven't got anything to offer. What is the procedure for going back to court to say I can only pay token amounts at present?

[Never-In-Doubt]

Re: Urgent help needed for N244

I have now received General form of judgement (N24) amount plus costs.

oh deary me I am sorry to hear this....

[PlanB]

Re: Urgent help needed for N244

I have now received General form of judgement (N24) amount plus costs. I haven't got anything to offer. What is the procedure for going back to court to say I can only pay token amounts at present?

Was the judgment for over £1,000 and are you a homeowner?

If this was a 'forthwith order' the whole amount is now due but you can apply to the court for a redetermination so you can make monthly payments which you can afford

Was there a hearing which you didn't attend?

Did anyone look over your credit agreement for this 2003 MBNA credit card? This may have been an online application but it was before the 2005 cut-off point for signatures etc.

[GetSmart]

Re: Urgent help needed for N244

I have now received General form of judgement (N24) amount plus costs. I haven't got anything to offer. What is the procedure for going back to court to say I can only pay token amounts at present?

You can submit an N245 to the court to apply for an instalment order with your financial details. See link below for full info:

http://www.adviceguide.org.uk/englan...r_for_debt.htm

[Shandy]

Re: Urgent help needed for N244

Thanks GetSmart for the pointer. I will read through it

Now, answers to PlanB's questions:

> Was the judgment for over £1,000 and are you a homeowner?
£7500 - I am a homeowner jointly with my other half

> Was there a hearing which you didn't attend?

Yes, don't have the money or the know-how. Didn't think I could have done any better

>Did anyone look over your credit agreement for this 2003 MBNA credit card? This may have been an online application but it was before the 2005 cut-off point for signatures etc.

MBNA never sent the CCA but the DCA had the online application with bits and pieces and a stamp with squiggles for signature and date. When I was in court last time, this was sufficient for the judge to take as valid CCA. This and Statements were enough for the judge to rule against me.

[Shandy]

Re: Urgent help needed for N244

Spoke to court manager. He suggested writing direct to dca's solicitor and save £45 that would be the cost with N245.

Is it worth taking the chance? Thanks, Shandy

[SXGuy]

Re: Urgent help needed for N244

Someone else may disagree with me, but id say its worth £45 to send it in.

Reason being its a confirmed repayment by a court, and not one that can be dictated by the DCA whenever they feel like it.

If you submit to court, and they confirm an affordable repayment, the DCA would have to apply to the court to change it, which they wont.

If you got an agreement directly with the DCA instead you have no backup to fend them off should they demand a higher amount in the future.

The court were probably trying to save you money, and in an ideal world where everyone was honest and morally just, that would be true, but creditors can be savages in reality.

[Shandy]

Re: Urgent help needed for N244

Just received the N245 form. It has only 3 rows for custome fields. We pay premium for insurance on mortgage, Optical and Dental charges, hairdressing charges, clothes, mobile phone, maintenance (car, garden, emergencies) Road tax, insurance etc. Then there is clothing and other houshold expenses.

How can I include or group these or can I use my own budget sheet.

Thanks in advance