Court summons restons mbna. Help please.

mr.ton

DarkConvict wrote: »

mr.ton is correct,

But to answer your question, if it is a real court hearing, you must fill in the forms and attend. If you do not fill them in then there is no hearing and you loose by default. If you do fill them in but do not attend, you again loose by default. Just prepare a defence even if it is just your on a DMP, paying all you can afford etc, as mentioned in post #2.

Not going to court is more scarier than going to court, atleast this way you can put your defence forward and do your best to avoid it going to bailiffs.

If its in a different part of the country to were the OP lives then how are they expected to attend exactly?

DarkConvict

mr.ton wrote: »

If its in a different part of the country to were the OP lives then how are they expected to attend exactly?

This is why you get it moved to a local court. Its only at the northampton bulk processing stage so far, its an office not a court. The courts get so many CCJ claims they bulk process them their, there owns statistics state 9 out of 10 claims so undefended. Stating your submitting a defence should get it moved to a local court of your choice to defend in person.

mr.ton

elennor wrote: »

Yes the papers look real-it's northampton court-restons normal procedure by look of it. I cannot attend this court so how do I get things moved to a local one. Do I accept the charges then wait until they give me an amount to pay and then contest it?

Looking real & actually being real are 2 different things :cool:
Anyway - its between you & the court what you repay - Restons have no say in the matter.
I would kick up a fuss over the fees to all the various authorities etc..
The proper court proceedure takes into account all your income & essential outgoings like bills/clothes/food/travel costs etc....(ive never know any court to require receipts for the amount of food you buy )......so if £1 per month is whats left and what you offer, then thats what will be ruled upon, weather restons like it or not

NorthernLas

OP: There seem to be a spate of CCJs from Restons all in similar circumstances.

The following link is from the gov website at tells you how to respond to the CCJ.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10014967

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

You can defend if you not receive certain letters from them and if you think amount they are claiming is incorrect. I am not sure if you could put about them acting unreasonably. You could also put that you are in a dmp and any CCJ would give them priority over other creditors. Rather than get all legal speak I would put things in words you understand.

As others have said, by defending and getting it moved to a local court, you will at least be able to state your case.

You can file an acknowledgement of service on-line if you decide to defend. You must stick to the deadlines.

The following thread is someone going through the same thing, it may answer some of your questions http://forums.all-about-debt.co.uk/viewtopic.php?f=49&t=133

p.s. If the CCJ is awarded at Northampton and they do not take your income into account, you can apply for a redetermination at your local court.

elennor

I don't see that I have a defence. I had a letter from MBNA saying they were passing the debt to collecting agency. I had a letter from Restons saying they would seek a CCJ but they also said 'our client may be prepared to accept instalments'. I rang them (I know now-big mistake which I have learnt from) and said we were with CCCS and that they were sending our SOA and transferring payment to them. The guy asked if it would arrive before 16th August and I said yes they were sending it today (3rd July). I heard nothing after that so assumed all was ok (Stupid again!). Then we received the court summons.
Can I get it moved to local court if I agree the debt or do I just have to wait and then apply for redetermination later. I am happy to defend it but cannot see they have made any errors so don't know what my defence can legally be.
Has anyone else been through this? Really confused now.

elennor

Can anyone advise me why I shouldn't just admit the debt-is it likely they will make me pay it all at once?
Also, will they keep adding on interest?
Can I dispute the interest they had added on?

DarkConvict

If you want to dispute the amount they are stating on the court papers you need to mark it as a dispute, rather than accepting it.

NorthernLas

Elennor - Sorry, I have not been through this personally.

There are three things that you could put on your defence
- the amount owed is wrong (since presumably they are still getting payments from CCCS - was the claim reduced by your August payment);
- they (MBNA / Restons) did not issue the correct documents or give you time to rectify (they have to send default and termination notices);
- they did not discuss with their client whether they would accept instalments (after confirming by telephone that they would not proceed if payment was received);

There is a thread on CAG that has documents attached that someone else received (they are in the first 4 pages) http://www.consumeractiongroup.co.uk/forum/showthread.php?266440-CCJ-defence-due-please-help! It might be useful since it is very recent and you can see if your documents are similar and valid. Unfortunately, I don't think it has gone to court to be defended yet.

In answer to your question if you admit or partially admit, I think it will be processed at Northampton. I am assuming that you can tell them that you are on a DMP and they should take your income/exp into account. On some I have read, the I/E doesn't seem to have been taken into account, hence the comments about re-determination.

You have time to have a think about what is best for you - will a CCJ affect your job/s?, even though the debt is yours do you want to do something so that you can be sure that the judge takes your circumstances into account?

I know, its not an advised thing to do, but could you phone them up, tell them there has been an error and they have gone to court instead of discussing instalments? and that they have been happy to receive your payment? And can they stop the CCJ until they have discussed with their client? You never know, if nothing else you might find out if your conversation with them has been noted.

Another thought, have MBNA ever accepted your payments, or have they always said it is not enough?
Athough CCCS will not advice on whether the agreement is enfirceable, you are not disputing that you owe the money, you are wanting clarification that they followed the correct procedure, maybe they or NDL could advise on this?

PNPSUKNET

I would give yourself extra time, use the acknowledge of service. Then think do you agree to what they claim as been owed? If so fill in the expenditure form they would of sent and post recorded del. If you want further advice go the CAB or phone ccs as been honest this is a forum and your decision could effect you for a long time

bottleofred

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