On a DMP and have received a County Court Claim

angels11

Hi,
Im back!!
Well Ive been on my DMP since August 09 and it has been going great and I seriously dont know how we would have managed if we didnt decide to do it when we did. It has all gone really smoothly and only a few calls at the beginning mostly from MBNA!! Everyone else was really great and just accepted it.
Anyway today we have received court papers relating to one of our debts (MBNA)!
Now im scared again, what does this mean? Will we get a CCJ:eek:.
Would really appreciate a bit of advice again from all you great guys on here, you really put my mind at ease


THANKYOU

GeorgeUK

Are these documents from the court or MBNA?
Did you keep the envelope they came in?

10past6 is the expert on court documents and what to do so hopefully he'll put in an appearance at some stage.

What kind of debt was this for?
Did you receive a default notice for it?
Did you keep the envelope for that? (Sometimes the date is very important to ensure you had enough time to deal with the request as there are legal implications to this)

angels11

Hi,
This is for a credit card debt, i think they then sold it on to an agency. It has been in default because we are paying them through cccs now
The papers have come from Northampton Court today and we have 14 days to send them back.

CCCS_Sarah

angels11 wrote: »

Hi,
Im back!!
Well Ive been on my DMP since August 09 and it has been going great and I seriously dont know how we would have managed if we didnt decide to do it when we did. It has all gone really smoothly and only a few calls at the beginning mostly from MBNA!! Everyone else was really great and just accepted it.
Anyway today we have received court papers relating to one of our debts (MBNA)!
Now im scared again, what does this mean? Will we get a CCJ:eek:.
Would really appreciate a bit of advice again from all you great guys on here, you really put my mind at ease


THANKYOU

Hi Angels,

If you have received blue and white county court claim forms, you will have 14 days to fill these in and send them back. Northampton is just the bulk centre that deals with CCJs.

You will need to transfer the details of your income and expenditure onto the forms and make an offer of repayment. The offer is just going to be the same amount as what you are currently paying that particular creditor on your dmp as this is a fair amount and more importantly an amount you can afford to pay.

If you do need another copy of your budget or a hand with the forms, please call our client support department.

A CCJ will stay on your credit file for 6 years. The point of a CCJ is to set a realistic payment amount which you are already doing, so this is nothing to be worried about.

Hope this helps and give me a shout if you are worried about anything else.

Sarah

RAS

angels11 wrote: »

Hi,
This is for a credit card debt, i think they then sold it on to an agency. It has been in default because we are paying them through cccs now
The papers have come from Northampton Court today and we have 14 days to send them back.

Angel

Do you have the default letter for this account? if so, please scan or photo it, delete personal details, account numbers and any bar codes and post up a link. then pm 10past6.

if it is faulty, you can defend the court case. You still owe the money, but are in a better position to negoitiate.

angels11

Thankyou cccs sarah
Youve answered my question. It is the blue and white forms which we have received. So we will send them back. (I was just scared, i dont want the bailiffs knocking on my door)!

I am just wondering now if and IVA is a better route as all our debt will have gone after 5 years, but will that just be like going bankrupt and not been able to get a mortgage again?

This court form has got me all thinking again if we have taken the right route. We have got about £30k of debt on a dmp taking about 15 years to pay off.

GeorgeUK

Have you looked at the enforcability of the agreements - to see if they were properly executed?

I know alot of people frown on this but i thought i'd throw it out there.
Edit: Only if the account was opened before 6th April 2007 and is not for an overdraft.