CCJs and property restrictions

RAS

look, I am pretty certain with default letter is not legally compliant but it is a while since I was involved with one, and our resident expert prefers not to deal with the details in open forum, so I am struggling to check it.

i am going to pm 10past6 and aks him to check it for you.

In the mean-time, ave a coffee, put your feet up and go over to another forum or two to increase your post count.

thehog

Cheers RAS, I'll go and put the kettle on! I really appreciate all your help. Cheers!

10past6

thehog wrote: »

Thanks RAS, but I couldn't attach documents in a PM either. So here is the whole happy letter, duly typed by me:

IMPORTANT- YOU SHOULD READ THIS CAREFULLY
Default Notice served under Section 87(1) of the Consumer Credit Act 1974


We refer to the above agreement which you have entered into with us. Paragraph 8 of that agreement provides that you must repay immediately the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears. A stop has been placed on your card. In order to remedy this breach we must receive a payment of £x by 26 April 2010. Your account balance is currently £x.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPEC OF THE BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTIONS ET OUT BELOW MAY BE TAKEN AGAINST YOU.

On or after the date shown, your account will be closed and the credit agreement will be terminated and we may take court proceedings to recover the whole amount owed by you to us. Further statements will not be issued. Please note that if we terminate your credit agreement; your full balance will be payable immediately and that you will still be personally liable to pay all amounts which become due to us, for example, any subscriptions and regular payments that you have not stopped or outstanding credit-card cheques.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICTOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS’ ADVICE BUREAU.

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.

Yours sincerely
Ben Erwin
Head of Recovery & Risk Operations

Can anyone advise if this default notice is "faulty" please?

Please PM me the date on th default letter

10past6

thehog wrote: »

My first question please - can Optima take legal action against me if I am making a token payment?

Yes

thehog wrote: »

I didn't think that they could

If the original agreement is breached i.e. not meeting monthly minimum amount, that allows a creditor to view the agreement as breached.

thehog wrote: »

will a CCJ still register against my name or will I just continue to make payments of £95 per month against the debt and added legal costs?

If a court make a ruling against you, then it automatically results in a CCJ = CCJ = County court judgement.

thehog wrote: »

My second question - is a CCJ taken out in conjunction with a restriction on the property or are they 2 separate forms of action?

If the judgement is "Forthwith" and results is a CO being awarded, then yes.

thehog wrote: »

My third question - should I write to Optima and explain, attaching an income and expenditure account

Your under no legal obligation to issue an I&E to anyone other than a court.

thehog wrote: »

What if they don't accept it? Can they just plough on?

Yes, it's worth pointing out, should they accept your offer, there is nothing stopping them 3 months down the line requesting an increase, or face litigation action again.

property.advert

I think you know the figure of £4,300 is important. This was the figure MBNA said they would accept from you on a £11,316 debt. That percentage is 38%. It does not take Einstein to think that perhaps MBNA got less than £4,300 and certainly no more than £4,300.

What they are threatening you is a CCJ and then placing a charge on your property, if you own one. I know from my experience that the only charges which ever went on my property were from my main bank, who knew I had a mortgage and from my mortgage lender themselves. These people went through CCJs, other credit card companies did not, certainly not for years anyway.

They certainly threatened. Orange phones said they were going to get a CCJ for £70 or something ridiculous ! They sold that one on and it disappeared into the ether.

As advised, do not speak to them on the telephone. Get everything in writing. It delays things and gives you time to think and prepare your responses. Certainly as long as they think you are playing ball there is no reason for them to go and get a CCJ. You may eventually have to face that fact though, especially if you have a property.

Listen to the posters here. There is a great knowledge base, far above my own. Best of luck.

thehog

10past6 wrote: »

If a court make a ruling against you, then it automatically results in a CCJ = CCJ = County court judgement.

Thanks for all this information.

If the Court don't make a judgement against me, ie they can see that I can't afford to pay more than the £x per month that I am paying, will they actually dismiss the case, therefore no CCJ, or do the Court always make rulings against the debtor?

thehog

property.advert wrote: »

I think you know the figure of £4,300 is important. This was the figure MBNA said they would accept from you on a £11,316 debt. That percentage is 38%. It does not take Einstein to think that perhaps MBNA got less than £4,300 and certainly no more than £4,300.

Indeed I do realise that the £4,300 is important - I couldn't believe MBNA had actually suggested it!

Do you think this means that MBNA sold the debt to Optima Legal for less than what they've detailed as the full amount due and that Optima are trying it on? As MBNA had me on their severe financial hardship programme they knew the score in respect of my income and expenditure. Is there any way of finding this out? I have received nothing in writing from MBNA to say that they have actually sold the debt on.

10past6

10past6 wrote: »

Please PM me the date on th default letter

Thanks for the PM, the default notice is defective, check your PM box.

thehog

Thanks for all your help everyone.

RAS

Goodie

Thought it was but lovely to have this confirmed.

TH - you can now defend your case and win.