Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

[deepindebt102]

Hi Guys,

I am very new here and in very deep trouble.

I have various debts but the most pressing is a Court Case with MBNA and Preston Solicitors. I heard they are the really nasty ones!

I was living in the UK till January but due to my health and being unemployed, I had to move back to my country of origin, somehwere middle Europe

I have a CC debt of 25k from MBNA what I could not pay due to job loss and health issues.
Account was opened in Sept 2006.

MBNA appointed Restons, they went to Court right away. I have defended the claim (filed online in December) and then they requested to transfer the case to my local Court close to London, (where I used to live).

I was already abroad that time and did not get the mail about the transfer and the hearing so could not attend.
On the hearing they have struck out my defence and now I have 2 weeks to file something otherwise I guess it is CCJ. Not sure really, never been to this situation before.


This is the letter I got from the Court
1, the said defence of 10/12/2011 is Struck Out pursuant to CPR 3.4 (2)(a).
2, Unless the Defendant files and serves a defence which is the opinion of the District Judge discloses reasonable grounds for defending the claim by 4pm by 30th March, the Claimant may thereafter enter judgement in default for the amount claimed and fixed costs
3, The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do within 7 days from the day on which this order is server upon you or such other perios as may be directed above.

This was my defence:

1, I was divorcing in the last few years and the court established that it is a joint debt (but on sole name) . Ex did not contribute, I lost job, could not pay the interests.
2, I have not heard from Restons before, no contact made, calls, nothing, no deed of Assignment
3, contacted MBNA many times but got no CCA and any other documents requested.
4, we are selling matrimonial home and will be able to make payments when it is done (but will have no funds for full payment, only about £5-7k)
5, I am servicing other debts in the region of £30k+


I have 2 weeks to respond and it is difficult from abroad.

Any suggestions and help is very much appreciated,

Thanks a lot!
John

[Never-In-Doubt]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

If you're not in the uk why are you worried?

They won't do much - a ccj means little if you don't have any assets here for them to secure the judgment on.

[deepindebt102]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

I would like to go back to the UK in about a year if I get a job, and hopefully get mortgage sometimes in the future (in 6 years).

I have an investment property with absolute no equity in it, actually negative equity of £20k, otherwise no assets. Can they charge on that property?

[Never-In-Doubt]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

I would like to go back to the UK in about a year if I get a job, and hopefully get mortgage sometimes in the future (in 6 years).

I have an investment property with absolute no equity in it, actually negative equity of £20k, otherwise no assets. Can they charge on that property?

Best thing they could do - ie if they do go for a CO then at least it'll be futile as the charge wouldn't get paid.

However your defence wasn't a defence thus was struck out. Send a pm to user Paul. On here. He's the one with the legal powers...... See what he says but in meantime I've asked him to pop in.

[deepindebt102]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

Thanks very much Mr. Cool! I will send Paul a pm.
Cheers
John

[Paul.]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

This is the letter I got from the Court
1, the said defence of 10/12/2011 is Struck Out pursuant to CPR 3.4 (2)(a).
2, Unless the Defendant files and serves a defence which is the opinion of the District Judge discloses reasonable grounds for defending the claim by 4pm by 30th March, the Claimant may thereafter enter judgement in default for the amount claimed and fixed costs
3, The court has made this order of its own initiative. You are entitled to apply to have this order set aside, varied or stayed but must do within 7 days from the day on which this order is server upon you or such other perios as may be directed above.

This was my defence:

1, I was divorcing in the last few years and the court established that it is a joint debt (but on sole name) . Ex did not contribute, I lost job, could not pay the interests.
2, I have not heard from Restons before, no contact made, calls, nothing, no deed of Assignment
3, contacted MBNA many times but got no CCA and any other documents requested.
4, we are selling matrimonial home and will be able to make payments when it is done (but will have no funds for full payment, only about £5-7k)
5, I am servicing other debts in the region of £30k+

Firstly, the order is pretty standard where a Defence fails to offer a legitimate ground for defending the case.

The Defence you put forward, only 1 out of the 5 has any prospect of falling within the definition of a defendable ground.

However, this in itself depends on what you have done with the matter, have you requested a copy of the agreement using s78(1) CCA 1974 and paying the one pound fee?

Also any default notice? any notice of sums in arrears?

[deepindebt102]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

Hi Paul.

Thank very much for your reply.

Unfortunately I was not really clued up and I have requested CCA but did not send the £1 fee. I requested it in mail but they did not get back to me, so I assumed they do not have it and this is the end of it.

I have got default notice and the sum of arrears letter from MBNA in Oct-November.

Is there anything I can do other than bite the bullet? (if its the right expression)

Thanks
Regards
John

[Paul.]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

Hi Paul.

Thank very much for your reply.

Unfortunately I was not really clued up and I have requested CCA but did not send the £1 fee. I requested it in mail but they did not get back to me, so I assumed they do not have it and this is the end of it.

I have got default notice and the sum of arrears letter from MBNA in Oct-November.

Is there anything I can do other than bite the bullet? (if its the right expression)

Thanks
Regards
John

the failure to provide the agreement makes little difference if the request wasnt made under s78(1) Consumer Credit Act 1974.


I dont know if this is the end of it or not to be honest, but it seems to me your case is lacking and you dont really put forward anything that can be used as a smoking gun.

Do you remember how you took out the agreement? did you sign anything? as much info as you can give will assist

[alangee]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

Paul

Can I just clarify what you are saying in the above post?

If you have received a copy of your agreement after making an SAR, do you still have to make a s78(1) request?

Alan

[Paul.]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

Paul

Can I just clarify what you are saying in the above post?

If you have received a copy of your agreement after making an SAR, do you still have to make a s78(1) request?

Alan

it helps given the way the courts are currently ruling yes

[alangee]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

Thanks, mate. I will check through all of mine to see how I got the agreements.

Alan

[Undercover Elsa]

Re: Big Trouble! MBNA CC debt £24k - Reston - CCJ hearing - Urgent Help Needed!

Hi Deepindebt,
rolling back to the Default Notice - can you check it and tell us:
Date of Notice
Date to be remedied
Was the full amount or just arrears demanded?
Does it include a paragraph to the effect that an Office of Fair Trading Leaflet should be included?

straws, I know, but every little helps...

Shep x