Continued payment demands by MBNA since BR. What do we do?

Angiepange

Thank you Bat I will wait and see what turns up in the post !
Angie x

alastairq

Angie..you can but hope a court letter arrives.....think of the fun of your tormentors getting well and truly egged-on-faces?

fiveyearplan

If you do get the 'blue' papers from court please do NOT ignore them or you will get a CCJ. Also don't just inform the creditor if that happens as they will still carry on with CCJ - you need to send back the Acknowledgment stating you are defending and give them the reason - ie that you are bankrupt and the debt was included in your bankruptcy.

Angiepange

Thankyou FYP

I had no idea that could happen Can a CCJ still be given to you then even though you are bankrupt? Also if it can does that have any effect on your property?

If we get the blue papers and send back the acknowledgement as you advised what happens then? Does it go to court still?

Angie x

peachyprice

The can't enforce a CCJ that's made after BR, but it's just hassle for you getting it removed.

If you do get the blue forms, just send them back, with a copy of your BR order, fill in the defence bit with the fact that you went BR on such a date and the claimant is aware of this, you should then get a letter back from the court stating the case has been withdrawn.

HTH

fermi

Angiepange wrote: »

I had no idea that could happen Can a CCJ still be given to you then even though you are bankrupt?

If the court/judge doesn't know of your BR, then yes.

Angiepange wrote: »

Also if it can does that have any effect on your property?

No. As the CCJ would not really be valid, and they would have no chance of doing anything against your property.

Angiepange wrote: »

If we get the blue papers and send back the acknowledgement as you advised what happens then? Does it go to court still?

Only if the creditor is VERY VERY stupid.

The judge would be far from impressed.

The important thing is that you shouldn't "ignore" anything from the court. If you do, then the creditor might get a default judgement when court wasn't aware of the BR.

You can get rid of any judgement that might be made after your BR, but it's massively simpler if you respond and make sure it doesn't happen in the first place.

Don't worry about it too much.

Angiepange

Thanks all so so much. I have been worrying about it

Would you suggest we send all the correspondence from MBNA to the OR or RTLU still? Would it be worth doing this or just wasting their time?

fermi

Angiepange wrote: »

Would you suggest we send all the correspondence from MBNA to the OR or RTLU still? Would it be worth doing this or just wasting their time?

If it's worrying you, then why not?

May be a good idea to add a note to the OR saying that the continued demands for payments are causing you "worry and distress".

Might get the OR to give MBNA an "earful".

Angiepange

Sorry for another question and thanks for all the advice so far, DH had a letter last week saying his case has been passed to the RTLU. Does that mean the OR has nothing more to do with him now? If we send the MBNA stuff, should it go to RTLU? Or can the OR still do something about it?

fermi

RTLU is just a different section of the OR. One that deals with cases where the routine investigation is done, and there are just things like assets/IPAs left to deal with.

Some regional RTLUs even share the same set of offices with the other OR sections.

So, everything now goes to RTLU instead, and you now speak to them if any issues come up.