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Advice desparately needed received court papers from MBNA

Hi all,
I have this week received court papers form Northampton county court for An MBNA credit card debt.

Upon receiving the papers I contacted the solicitors acting on behalf of MBNA to see what course of action they were looking to take. The solicitor advised me that they has been instructed by MBNA to secure the debt against my property by way of a charge. He also advised me that they were not looking to force a sale and that as long as I pay the amount on my DMP.

He also said that if at anytime in the future I was able to raise some money I would be able to offer them a reduced amount as a full and final settlement offer.

I have 3 years 6 months left before my mortgage will be paid off and the charge for me might not be a bad thing as in a couple of years I should be able to pay it off and the charge would be better than the alternative, as they could of tried to make me bankrubt as I have a lot of equity tied up in my property.

Am I just being naïve!!

Any advice most welcome..

CCA was requested in December 2008 and duly complied with within 10 days. Have tried to post it on here but writing is so small no-one can read it.:rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes:
Proud to be dealing with my debts!! One day at a time....:j:j

£607.55/1000;);););)
£67.55 Quidco
£540.00 Overtime
«1

Comments

  • 10past6
    10past6 Posts: 4,962 Forumite
    You have 14 days to acknoweldge the claim, don't worry about your defence at this stage.

    You must acknowledge the claim, otherwise the claimant wins by default.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    10past6 Posts: 4,962 Forumite
    Duplicate post
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • chevalier
    chevalier Posts: 7,937 Forumite
    Part of the Furniture Combo Breaker
    And if you feel you need to attend, then you can ask for it to be moved from Northampton to your local court
    I want a job that is less than an hour driving away from my house! Are you listening universe?
  • Hi,

    10 past 6, thank you for your reply..

    Do you think it is worth submitting a defence and what would the reason I should select on the acknowledgement of service for asking for the extra time.

    Hi chevalier,

    How would I go about moving the court?

    I would like to attend as I wouldn't want the CCj set to a stupid amount that I cannot pay.
    Proud to be dealing with my debts!! One day at a time....:j:j

    £607.55/1000;);););)
    £67.55 Quidco
    £540.00 Overtime
  • 10past6
    10past6 Posts: 4,962 Forumite
    The 1st issue I need to know is do they have the right to take you to court.

    Have you received a default notice and termination letter?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Wookey
    Wookey Posts: 812 Forumite
    How large is your mbna debt? Would a small remortgage on the house give you an easier wayout of the problem?
    Norn Iron Club member No 353
  • Hi,

    10 past 6

    I received a defualt which states served under 87(1) of the consumer credit act. dated 24th November 2008. It also says I could remedy it by paying an amount by 17th December 2009.

    No termination agreement has been received. (although it does state in the default letter that on or after the date shown your account will be closed and the credit
    agreement terminated) but no other letter actually saying your account is now terminated.

    Only other received since was a response to my CCA request in December which I posted on here but the writting is so small no one can read it.

    Thanks..
    Proud to be dealing with my debts!! One day at a time....:j:j

    £607.55/1000;);););)
    £67.55 Quidco
    £540.00 Overtime
  • 10past6
    10past6 Posts: 4,962 Forumite
    On the N1 court claim, are they claiming the WHOLE amount?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Hi,

    10 past 6,

    yes the whole amount plus court fees and solicitors costs..
    Proud to be dealing with my debts!! One day at a time....:j:j

    £607.55/1000;);););)
    £67.55 Quidco
    £540.00 Overtime
  • 10past6
    10past6 Posts: 4,962 Forumite
    They've now terminated your agreement.

    I need to view that default notice, can you PM it to me, removing any personal information?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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