CCA, CCJ, MBNA ............ What Next??

[in-a-pickle]

Hi to you all,

I have a CC debt with MBNA and, despite not replying to my requests for reduced payments for a short period of time due to being made redundant they have sent my account to a DCA who also declined to accept my payment offer. I have just returned home from visiting family to a CCJ - this has all happened within the space of 4 weeks. I posted off my CCA (account opened well before 2007) a week ago when they threatened court action, I didn't think this would happen so quickly. I have maintained payments to my account inline with my offer, but obviously these people really do not give a damn.

I am at a loss as to what happens now, do I a) roll over and die, b) defend and hope they send me my [size=5]unenforceable CCA 2 - will I have to go to court (shaking at the thought of this) - what happens if it is enforceable - will I be able to go back to a) roll over and die.

Sorry to throw so many questions at you all, I feel like a runaway steam train at the moment, just need someone to put my brakes on ........ ;--G

Thanks in advance ;D

My UE Diary is here: ---> viewtopic.php?f=49&t=325

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

You need to approach the court and apply set aside - go to hm courts website for forms. You have to have had a default notice + at least 14 days to remedy then they must formally terminate the account. Then they apply to courts and u get another month (not sure on that). So point is you weren't - something is amiss plus you disputed balance and the dca was in default of your s78 request. That'd be your defence for set aside.

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

No court appearance necessary. You would do it online/post. I've told u the set aside defence, that gives u time to defend the ccj petition in which case I'll refer you to the appropriate place for guidance and again, you'd use same defence. The laws are there to stop this bully boy approach - it's not one flaw, they've broken 5 acts lol.

No default notice
No remedy notice
No ccj notice
In dispute
In default of ur s78

[oscar]

Re: CCA, CCJ, MBNA ............ What Next??

Maybe a stupid question, but is the CCJ an official notification from the court (on official paper, with a court case ref number which should begin 10 (and possible QT for Northampton court), or is some a dodgy letter (scare tactic) from MBNA?

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

Well spotted.....

[softie]

Re: CCA, CCJ, MBNA ............ What Next??

Good morning all.

Niddy, i thought there was some new legislation whereby creditors had to accept token payments of £1 a month if requested by you, for up to 6 months so that you could try to recover your finances somewhat, does this exist or am i talking nonsense.....if so what exactly are the rules?

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

Thanks Guys, I am looking through my paperwork at the moment and I have found a default notice, dated 6th July - payment required by 27th July. What I have never had from MBNA is any acknowledgement to my requests for reduced payment. I am probably going to sound real dim right now, but you mention no ccj notice, is this an official document or do their threatening (we can/will take you to court type) DCA's letters count?

The paperwork is from Northampton, and is definetly not a dodgy one ;F-

My CCA request was sent to the DCA last week and I am not expecting it back for at least another week what with the Bank Holiday etc - should I have sent this to MBNA?

As I am maintaining my payment offer to them the CCJ amount is now incorrect as well, will these payments be taken off later or should I dispute the total?

Another daft question, because they have instigated the CCJ does that mean they believe they have an enforceable CCA, will they assume that I will not contest so haven't even bothered to check?

I really appreciate your help and things are starting to sink in (I'm not normally as daft I am coming across, I think panic mode and brain turning to mush has set in!) ;--G

[oscar]

Re: CCA, CCJ, MBNA ............ What Next??

You need to contest the CCJ and have it transferred to your local court. Chances are, with it being Northampton (the bulk clearing centre) it would have been granted as you are in arrears etc - they would not have looked at your CCA. Assuming this also the Northampton stamp - also the case number SHOULD be really high - ie 25/30,000 - so 10QT30000

You also need to state in your appeal to have it set aside that you were NEVER notified that the CCJ was being sought. This would have been in the form of a letter from mbna AND the court.

The default notice is valid so far as dates go - it gives at least 14 days, but it also depends on the wording and what they ask from you to remedy the situation. - ie do they ask for the arrears or the full balance.

The CCA request to the DCA is correct, and they still have to respond within 12+2 days (who is the DCA anyway, MBNA tend to use an in house one first).

Not too sure what the process for a CCJ is, but if you can show that your reduced payments are all you can afford, the court wont ask you to pay more.

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

Hiya

Read this: viewtopic.php?f=13&t=140

I am in the middle of creating it - just be patient - by tomorrow night it will be finished and easy to work out....

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

Good morning all.

Niddy, i thought there was some new legislation whereby creditors had to accept token payments of £1 a month if requested by you, for up to 6 months so that you could try to recover your finances somewhat, does this exist or am i talking nonsense.....if so what exactly are the rules?

Hiya

there are no rules as such, you can make offers but no lender is required to accept your offer. Only if you're on a formal DMP do you tend to get them half on board....

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

Hi again,

I am slowing getting to grips with things - I shall be patient and ready to have a good read tomorrow night ;LOL

The DCA are Reston's Solicitors in Warrington - basically with these guys it was a case of 3 letters and your out!!

Would it help if I were to scan and e-mail copies of the correspondence for you to have a read?

Thanks for all your help ;--G

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

Hiya

If you're saying that they have issued a CCJ petition then we've told you what to do - go back to the top of the page and read my first reply to you - it is clear as day, I cannot spell it out any further other than to write it for you. be basic and clear, do not act clever like you're a know-it-all banker/solicitor - simply keep to plain english and point out:

1. No default notice was sent[/\*]
2. No remedy notice to clear arrears from default notice[/\*]
3. No ccj notice received, just the court papers[/\*]
4. The account is in dispute, and has been since they failed to acknowledge your CCA request and the balance is incorrect as well [/\*]
5. They are in default of your s.78 request which means that, because s.127(1) of the CCA(1974) is subject to the restrictions imposed by s.127(3) & (4) - those subsections set out the circumstances in which the court shall not make an order under s.65(1) of the Act. Ergo no order should ever have been made [/\*]

The above is why you defend the CCJ and wish to apply for strike-out based on it being unlawful and one sided to the lender, who was always in default to start with.

Done! ;Hi

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

Hiya,

Thanks so much for taking the time out to assist - can't tell you how much I appreciate it!

I will be sitting down tonight, having a good old read, digesting (not just the biscuits ;LOL ) and putting my plan of attack in place.

Will keep you posted and will keep an eye out for the link above being finalised, I'm looking forward to sending that one out ;30

Thanks again ............. ;Hi

[Never-In-Doubt]

Re: CCA, CCJ, MBNA ............ What Next??

Best of luck - keep us updated. ;-y

[in-a-pickle]

Re: CCA, CCJ, MBNA ............ What Next??

Hi all,

I am just after a bit more advice from you guys - I have completed the Acknowledgement of Service and am in the process of doing my defence - can you help on the following:

1) on the POC they say "Interest pursuant to s69 County Courts Act 19 at the rate of ***.** pence per day to the date of judgement or sooner payment." - can they do this?

2) They have not responded to my CCA request, should I follow up with the 2nd letter or ignore this now that I have issued the CPR letter?

3) CPR Letter has not been responded to as yet (PM sent re this) - I will follow up with the 2nd letter towards the end of the week.

4) Should I be sending a SAR request direct to the original lender?

5) The default notice is dated the 6th July, they request payment of the arrears by the 27th July. So this looks ok, and can't be used in my defence.

I think that's it for now, I'm sure there will be more over the next few days 2


Thanks again for your help.