URGENT advice needed about a charging order on property

10past6

You could apply to have the case "Set aside" but that depends on what you admitted on the original claim for.

If you never acknowledged it, then the claimant wins by default.

michelleliverpool

What I do have (which could i use in my defence) is an email which I sent to the solicitors dealing with the debt (Optima legal) dated Monday Dec the 8th which said the following:


Dear sir,

I apologise for not getting in contact sooner.

I am writing regarding the £1975.64 that you have been instructed to
secure payment from myself.

As I have been unemployed for nearly 12 months I have incurred a
considerable amount of debt and am currently only recieving job
seekers allowance.

I am hoping to gain employment in the near future and was hoping we
could come to an arrangement for repayment. I could currently only
afford approximately £5 per month.

I would also however ask that MBNA review the incurred charges due to
late payment as I do not believe they reflect the cost to themselves.

The debt mentioned in this letter was for the sony card but the solicitor then combined the sony with the virgin card.

I never received a reply to this email. Would this not go in my favour?

10past6

Michelle

If you're disputing the amount / charges, then you need to complete this form, if you're in receipt of benefit, then complete this form also.

michelleliverpool

10past6 wrote: »

You could apply to have the case "Set aside" but that depends on what you admitted on the original claim for.

If you never acknowledged it, then the claimant wins by default.

But I cant find the form. Should they not have to prove that they sent it? Would it not have been sent by recorded post or something?

Thankyou very much 10past6 for your help!!:beer:

michelleliverpool

10past6 wrote: »

Michelle

If you're disputing the amount / charges, then you need to complete this form, if you're in receipt of benefit, then complete this form also.

Just downloading the forms now. You are a star!:A

10past6

michelleliverpool wrote: »

But I cant find the form. Should they not have to prove that they sent it? Would it not have been sent by recorded post or something?

No, a claim is sent via normal 1st class post.

Michelle, you said this

I am writing regarding the £1975.64 that you have been instructed to secure payment from myself

That gives an indication you knew about the claim?

michelleliverpool

So I want to dispute all the charges that they have slapped on both cards but I wont have this information ready for thursday. What should I do?

10past6

You can attend the court on Thursday and inform the judge you're disputing the charges and request a breakdown.

michelleliverpool

10past6 wrote: »

No, a claim is sent via normal 1st class post.

Michelle, you said this
That gives an indication you knew about the claim?

No I quoted that from his initial letter which said:

"We act for MBNA Europe Bank Ltd who has instructed us to secure payment in the sum" etc etc.

All their letters begin with this.

I was quoting him, I didnt fully understand the legal lingo he was using. This is all new to me. I have never been in debt/out of work and quite/very naive about money matters. But I arent half learning now!

michelleliverpool

10past6 wrote: »

You can attend the court on Thursday and inform the judge you're disputing the charges and request a breakdown.

That sounds like a plan. So when I tell the judge I want a breakdown do I go away and then come back with the break down (which I will have to request from MBNA) at a later date set by the judge/court?