mbna county court £10,600.

jasetec

i was made redundant last year and been paying back my creditors of what i can afford each month.
i was paying mbna £30 per month,which was alot lower than the required payments of what they wanted.
a week ago i recieved a county court papers to fill in my out-goings etc....and the money left over was £30.
so.....the mbna have rejected this offer,and the county court hearing will placed in redditch.
i already have 2 ccjs against me which lead to charging orders on my property.
what i would like to know is why is a credit card company giving me more time to make more higher payments of when i'll start my new job soon?.
also whenever i'll know the date/time of this case,i'll be starting my new job and it won't look good having time off.
i live in solihull and to travel to redditch is a bit far,when it would be better to travel to birmingham county courts.
i'm doing my best at the moment of paying my mortgage and utility bills but these must come first over any other debts i have.
any advice or help would be great on this situation

Tixy

Hi

You can have the case transferred to your local court.
Did you complete the court papers? Did you admit the debt? Did you ask to pay in installments?
How old is the credit card account? have you ever considered asking a copy of the CCA to see whether this is an enforceable debt?

When you go to the court you'll need to be able to demonstrate to a judge that you amount you offered is all you can afford at this moment in time, so take along copies of you income & expenditure and paperwork to back up the figures.

http://www.adviceguide.org.uk/index/d_what_happens_if_you_are_taken_to_court_for_money_you_owe.pdf

Hopefully someone with more experience of court cases will advise further soon.

jasetec

yes i have asked to pay by installments of £30,but a week later their solicotors have rejected this and sent it to redditch county court to re -consider this amount(still waiting).
i admitted to the amount because this is true.
i can't afford a solicotor for court,wonder what are my options for this amount?.
other creditors are payed of what i can afford, capital one,barclays and santandar.

king100

jasetec wrote: »

i admitted to the amount because this is true.

You have got wrong end of the stick, it not about amitting what you owe, it whether it is enforceable.

They have rules and regs they need to stick to.

When was this credit card taken out?

You credit rating is shot with 2 ccjs against you, for the sake of £1 and a letter you

NEED/MUST

to write to MBNA and ask them for a valid signed CCA.

If they cannot produce and valid CCA then they cannot enforce the debt.

Thus a default will go down on your file and you wont owe £10k.

Do you think it is worth a try ........£1 and a letter to get rid of 10k?

I think so.

king100

Seems you have more credit cards as well, if pre 2007 please write off to each one individually sending in £1 and requesting a valid CCA, templates can be found on here I believe and also on CAG.

It could be the best £4 or £5 you ever spent if they are not valid.

RAS

You also need to dig out your default letters and check whether you had PPI on any of these accounts.

jasetec

so let me get this right....if they produce the cca and there is no signatures then its not valid?.
i can't remember if they were all taken out before 2007,been looking for the cca's.
so if i write to every creditor asking for the cca,they will do this?.
why do they ask for £1 to do this?.
on one creditor (capital one),this was morgan&stanley and i defoe don't remember signing anything when my account was tranfered.

jasetec

oh one more thing where are the templates please?.

RAS

They can produce a reconstructed CCA in certain circumstance but are supposed to provide a signed copy if requested during court action.

more importantly if the CCa and default letters do not meet certain legal requirements, you can defend court action. I am not sure however that you can do anything about the cases that you have already admitted.

PNPSUKNET

but didnt you send a reply admitting the debt? On this occasion you may get a very unhappy judge