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MBNA/Charging order
willows18
Posts: 4 Newbie
My husband and myself both have MBNA credit cards which both have approx 10,000 outstanding on them. We have been doing a DMP for the past 6 or so months (which MBNA haven't accepted, but put us on a hardship account which froze the interest). I have now agreed a settlement with them for my account of just 2,800 which is due to be paid tomorrow. My husband phoned them up today to see if he could get a settlement figure too, only to be told they were about to put a charging order on our house.
Firstly I thought they had to have a CCJ against him before a charging order could start? (We have heard nothing from them other than default notices). Secondly how can they decide to settle mine but not his? This seems to be very inconsistent.
They asked what our outstanding mortgage is and have checked how much our house is worth (i.e we do have equity in the the house for this debt in isolation) but don't for the total debt we owe including other creditors.
Would a charging order really stand up in court as we have been reasonable and offered a settlement and even settled one of our accounts?
Advice greatly appreciated.
Firstly I thought they had to have a CCJ against him before a charging order could start? (We have heard nothing from them other than default notices). Secondly how can they decide to settle mine but not his? This seems to be very inconsistent.
They asked what our outstanding mortgage is and have checked how much our house is worth (i.e we do have equity in the the house for this debt in isolation) but don't for the total debt we owe including other creditors.
Would a charging order really stand up in court as we have been reasonable and offered a settlement and even settled one of our accounts?
Advice greatly appreciated.
0
Comments
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Firstly I thought they had to have a CCJ against him before a charging order could start?
Correct.
They are trying to intimidate you with threats they can't carry out just yet.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
They are trying to intimidate you with threats they can't carry out just yet.
That is correct but I believe they CAN go for a charging order without a CCJ, although the most usual process is to go for the CCJ first.
Willow, we need to see the CCA and default letters ASAP, so that you know if you can scupper any attempt as a CCJ or CO. Remove all personal details first.If you've have not made a mistake, you've made nothing0 -
That is correct but I believe they CAN go for a charging order without a CCJ.
Under what legislation would a CCJ not be needed at all?Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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