A long road

[PlanB]

Re: A long road

Yes it is an old MBNA debt and has been sold in to all the usual suspects around 4/5 times.

. . . I sent off around 10 cca request letters a couple of days ago

Was one of those CCA requests sent to PRA in relation to the ex-MBNA debt named in the Particulars of Claim on the court summons?

Plan B x

[missymoo]

Re: A long road

Hi

Thanks for replying. She has received nothing at all since.

Yes I did cca this debt this week.

Is it worth registering on the moneyclaimonline site with the ref no. On the paperwork? Will that tell us anything?

Im so annoyed that they have caught her at a really low time and she has panicked and phoned stepchange for advice. They said write to J&P stating you will start the payments again as agreed and it will be ok. She did this by recorded delivery and heard nothing since but payments commenced again in November.

Xx

[PlanB]

Re: A long road

I see no harm in you logging into MCOL to see if the status of the claim is shown. You might as well put yourself out of your misery sooner rather than later.

I don't know whether you can login after the time limit for filing the AOS has expired (14 + 5 days from the claim issue date). Try it.

A lot depends on what your sister said in her letter to J & P. Have you got a copy we can see by email? And was there a reply from J & P agreeing not to pursue the claim if she recommenced the payments?

Plan B x

[missymoo]

Re: A long road

No there has been no further correspondence but she was specifically advised to reply to the solicitors which I found odd. I will try and log on mcol and report back.

Xx

[PlanB]

Re: A long road

she was specifically advised to reply to the solicitors which I found odd. I will try and log on mcol and report back.

I'll hold my breath.

If they haven't already got a Default Judgement then she ought to be able to file a late Defence before MCOL wakes up on Monday morning.

Non compliance with her s.78 CCA request would be a good start

Plan B x

[missymoo]

Re: A long road

Bad news. She has registered with noddle and there is a ccj for 17/12/15.

I gather that is bad news for 6 years now. So gutted for her, paying years of dmp and a few missed payments due to her transplant and they went in for the kill.

I'm so angry now

Xx

[missymoo]

Re: A long road

She also says that she received no other warning letters asking for payments, they just went straight for a ccj after a few missed payments. Also stepchange advised her to admit whatever that means and agree to start the payments or she would lose her home so she panicked. What were they thinking? Why did they not help her any further?

Thanks everyone. I just wish she had approached me a few months earlier. I find this so underhand.

Xx

[PlanB]

Re: A long road

stepchange advised her to admit whatever that means and agree to start the payments or she would lose her home so she panicked.

That's so annoying.

How dare Stepchange advise her to admit the claim. They handed PRA a CCJ on a plate and since she is a homeowner and the debt is over £1k they'll be entitled to make an application for a Charging Order on her home too (albeit if it is in joint names with her husband it'll be a Restriction which has little meaning until the property is sold voluntarily).

Why did Stepchange not advise her that she could have settled with a Tomlin Order so she wouldn't get a CCJ and have nothing negative recorded on her CRA file except the original default when she first stopped paying years ago which may have fallen off by now.

A lot depends on what she said in her letter to J & P. If she agreed to make payments on the condition they didn't continue with the court proceedings then she may have a chance at a set-aside of the judgement if she can demonstrate that she has/had a chance of winning.

If the letter simply admitted the claim and didn't ask for their co-operation then she can't put the clock back I'm afraid. Did she file the AOS with the court admitting the claim?

Plan B x

[missymoo]

Re: A long road

I know Stepchange told her to admit to it and agree to carry on payments and send directly to J&P not the court or PRA so I think they have provided very poor advice. The default was ready to drop off this year and they may not even have the correct paperwork yet as I am waiting on the CCA requests.

Why would Stepchange do this, their letter confirms she should admit to the CCJ but was only a few days before the CCJ was granted, the letter was so condescending saying a CCJ does not matter and not to worry.

xx

[missymoo]

Re: A long road

Is it likely they will apply for a charging order on her home? This is going to devastate her.

I may have to try and help her pay the CCJ to try and get it satisfied sooner and stop her worrying. They have added £800 of interest and charges too.

It just shows that you think you are comfortable in a DMP and they can come after you for a CCJ without warning starting the clock for your credit file again. I bet they would not have done this if she was not a homeowner.

xx

[cymruambyth]

Re: A long road

I'm sorry to hear about this. If a CCJ is paid within 28 days it isn't registered. I believe some DMP companies are sponsored by the banking industry ........

[missymoo]

Re: A long road

Thanks Cymruambyth, when does the date start from? It is dated 17th December on her Noddle file? Could we be in with a chance of trying to scrape the money together to pay this without her having a CCJ on her file - even though I am loathed to give those vultures a penny, it would help her mental health.

xx

[cymruambyth]

Re: A long road

It starts from date CCJ was awarded. Whether it is worth phoning to try to negotiate a lower settlement, see what others suggest.

A CCJ doesn't have the stigma that it used to have; if they did try for a charging order they would not be able to force a house sale for such a small amount and taking your sisters ill health in to account.

[panther12]

Re: A long road

Thanks Cymruambyth, when does the date start from? It is dated 17th December on her Noddle file? Could we be in with a chance of trying to scrape the money together to pay this without her having a CCJ on her file - even though I am loathed to give those vultures a penny, it would help her mental health.

xx

If you were going to pay in full to remove the ccj entry it has to be paid within one month of the date of judgment. I don't know if the date shown on Nodlle would be the date of judgment or the date when the entry got updated onto the register so I would check with court the exact date of judgment - although the court should have sent a copy of the judgment order. If you were going to pay it in full it's court form N443 Application for a certificate of satisfaction/cancellation.

[missymoo]

Re: A long road

Hello everybody

I am back with some letters that have come back after CCA for a number of debts for my sister.

Unfortunately the CCJ stands for the debt mentioned above and we were too late to pay off within the timescale so that one stands. Onwards and upwards though

I have been a bit poorly over the past few weeks but I have my head back now and ready to get going.

Stepchange has been cancelled and we are doing a self managed DMP. The payment for the CCJ is being paid directly with the same payment and they are happy with that.

The money that she was paying Stepchange is being transferred to a savings account in my name whilst we see what paperwork comes back, hopefully we can F&F some of the small debts.

One of the ones to come back is from PRA (again!)

It was from an old Virgin MBNA CC 2004. They have sent through a sheet with a copy of her signature and date (it is her real signature) and then a small bit of T&C's which looks like a tear off bit from an application form. I can scan in if necessary.

As they have the signature does this mean it is enforceable and we should now keep on paying as per the DMP or can somebody take a look to see whether everything is ok?

Thanks for all your help so far.

xx