I don't know what to do about this :(

Flowerpot_2

Hi All,
Yesterday my OH received a claim form from MBNA they are pursuing in the Northampton County Court as he has defaulted on his credit card agreement (well one of them !!!!!!!) I have no idea what to do about this? I realise its a CCJ & they well be looking for a charging order on the house (having tried to read all threads on this board about it before bothering you kind folks.
However, I am now BR but OH isn't as yet - he hasn't got the monies together yet.........he was nearly there but then on Wednesday his car blew (head-gasket) so now any pennies will have to go toward buying another car :mad: What pennies :mad:
I just don't know what to do? My OH has said 'well, if the bailiffs come around just say everything in the house is yours' !!!!!!!!!!! I'm now BR !
So...........should he respond to this letter? Or let it go through? What will happen if he does that?
Does it make any difference that I am now BR? (Joint mortgage - no/little equity)
We live in West Sussex, the appointed court is Northampton - does he have to attend - if so can he change the court?
Ah dear, I can't believe this, sorry guys, yet another 'I AM SO STRESSED' post from me
Flowerpot x

Flowerpot_2

it is a blue claim form guys
FP x

peachyprice

They can only get a charging order if he defaults on the CCJ. His best best is to respond to the form, giving his full I&E. Hopefully the judge will award him a low payment. As long as he keeps paying the judgement they cannot get a CO.

If he doesn't respond MBNA will most likely be awared 'payment forthwith' which they will be pushing for as you own your house. Obviously you cannot afford this so if you haven't contacted them within 28 days (I think, although it might be less) they'll go bakc to court for the CO. However, the first step is an interim CO, which takes about 4-6 weeks to go through, as long as he goes BR before the CO becomes final, which is another 4-6 weeks after the interim, they cannot enforce the CO. He will be given notice when the hearings are for the interim and final CO so will have a rough idea how much longer he has before he must go BR.

HTH

(sorry, was typing as fast as I could!)

Flowerpot_2

Thankyou PP. am at my wits end here
FP x

tigerfeet2006

Peachy, could Flower slow the process down a bit and ask for the case to be heard at a local court., just to gain a week or two?

Flowerpot_2

Sorry guys am going to be a 'bother' tonight
Should my OH talk to the CCCS team again do you think? He's not a-listening to me I keep trying to get him to at least book his Court app to go BR (it took a month for mine) but because he doesn't have the money as yet he keeps putting it off (& off & off) he's been in default for over a year now so thi is obviously the next stage in the proceedings for him :eek:
FP x

blind-as-a-bat_2

FP, you have 14 days from the date of the claim before you have to do anything.

I need to know the date of the claim, and if you have gone down the route of asking for a copy of the agreemant.

DO NOT acknowledge the claim unill the last min, thus maximising your timescale.

If you play it right you could have six months before it even gets to court, but you will have to defend the claim in full, if we can find a way to justify doing so.

If your OH is going to go BR anyway, dont let the thought of costs worry you, there all included in the BR.

I have to go now, but if you answer the bit in red, then i and the others that know about the court system will have a better idea where we are;)


Above all else dont panic, its a very slow proscess, nothing will happen overnight

blind-as-a-bat_2

Flowerpot wrote: »

Sorry guys am going to be a 'bother' tonight
Should my OH talk to the CCCS team again do you think? He's not a-listening to me I keep trying to get him to at least book his Court app to go BR (it took a month for mine) but because he doesn't have the money as yet he keeps putting it off (& off & off) he's been in default for over a year now so thi is obviously the next stage in the proceedings for him :eek:
FP x

NO!!!, they will just get him to admit the debt, allow the CCJ and open the door for an attempt at a charging order

Dont foget who finances the CCCS;)

Flowerpot_2

blind-as-a-bat wrote: »

FP, you have 14 days from the date of the claim before you have to do anything.

I need to know the date of the claim, and if you have gone down the route of asking for a copy of the agreemant.

The issue date on the claim is the 17th June 09 - no haven't asked for a copy of the agreement? Does he have to? this is not mine its my OH's.
FP x

blind-as-a-bat_2

peachyprice wrote: »

They can only get a charging order if he defaults on the CCJ. His best best is to respond to the form, giving his full I&E. Hopefully the judge will award him a low payment. As long as he keeps paying the judgement they cannot get a CO.

If he doesn't respond MBNA will most likely be awared 'payment forthwith' which they will be pushing for as you own your house. Obviously you cannot afford this so if you haven't contacted them within 28 days (I think, although it might be less) they'll go bakc to court for the CO. However, the first step is an interim CO, which takes about 4-6 weeks to go through, as long as he goes BR before the CO becomes final, which is another 4-6 weeks after the interim, they cannot enforce the CO. He will be given notice when the hearings are for the interim and final CO so will have a rough idea how much longer he has before he must go BR.

HTH

(sorry, was typing as fast as I could!)

regretably peachy that is not so, the law is changing, not sure of the date, or if it has actually come ito force, but some courts are allowing a CO at the same time as a CCJ anyway, have been for the past six months or so now.

The best form of defence is to delay it, if possible, if BR is the route chosen.

tigerfeet2006

blind-as-a-bat wrote: »

FP, you have 14 days from the date of the claim before you have to do anything.

I need to know the date of the claim, and if you have gone down the route of asking for a copy of the agreemant.

DO NOT acknowledge the claim unill the last min, thus maximising your timescale.

If you play it right you could have six months before it even gets to court, but you will have to defend the claim in full, if we can find a way to justify doing so.

If your OH is going to go BR anyway, dont let the thought of costs worry you, there all included in the BR.

I have to go now, but if you answer the bit in red, then i and the others that know about the court system will have a better idea where we are;)


Above all else dont panic, its a very slow proscess, nothing will happen overnight

Yaaaaay!! good thinking Batman