Payment Review Question

dudley3012

Good Morning
I am after some advice please.

Before my LBM in the darkest day, MBNA took me to court, I ignored it, they got a payment order and a voluntary charging order against my house. I didn't sign the order, or get my OH to, but I did start the payments.

I should point out at this point that I have been making monthly payments to them for two full years now, and have never missed one.
They went back to court a year ago to try ot get a Charging order nad seeing that I was paying the court did not grant it.

I got paperwork from WEighmtas yesterday telling me that I had ot fill in an income and expenditure form detailing other judgements etc as part of my SIX MONTH review (we are 25 months into the arrangement now)
I am happy aying back the £70 a month atm, although it is considerably more than any other creditors are getting, but I am unsure what information I am obliged ot give them as they are saying that if I don't provide it they will take legal action.

I am not trying to wiggle out nad I don't think that that the payment will change, if anything they may go down, but this site has taught me not to take things at face value.
Thanks in advance

saltnvinegar

dudley3012 wrote: »

Good Morning
I am after some advice please.

Before my LBM in the darkest day, MBNA took me to court, I ignored it, they got a payment order and a voluntary charging order against my house. I didn't sign the order, or get my OH to, but I did start the payments.

I should point out at this point that I have been making monthly payments to them for two full years now, and have never missed one.
They went back to court a year ago to try ot get a Charging order nad seeing that I was paying the court did not grant it.

I got paperwork from WEighmtas yesterday telling me that I had ot fill in an income and expenditure form detailing other judgements etc as part of my SIX MONTH review (we are 25 months into the arrangement now)
I am happy aying back the £70 a month atm, although it is considerably more than any other creditors are getting, but I am unsure what information I am obliged ot give them as they are saying that if I don't provide it they will take legal action.

I am not trying to wiggle out nad I don't think that that the payment will change, if anything they may go down, but this site has taught me not to take things at face value.
Thanks in advance

So you have a payment order made against you by the court.

As far as I am aware (happy to be corrected), for this payment to change, they would have to go back to the court and ask for the court for a re-determination.

Did the court order also require 6 monthly reviews?

I suspect what they are doing is they want to get information on your financial status to see if there is more money in the pot to go for that redetermination order and increase your payments.

Personally I would write back to them explaining that your financial situation has not changed, and you will continue to make the payment required by the court.

You should also point out that you have been paying the amount determined by the court, have never missed a payment, and that any further threats of legal action will be considered vexatious and you will present all such communication to the court in your defense of any legal action.

I would also point out that if their intention is to seek a re-determination order that the payment is just as likely to be reduced as well as increased.

Best

SnV

dudley3012

Thank you.
I am drafting a letter to them now.
I don't have the judgement with me, but if memory serves there wasn't anything about a review in it, so I shall write to them and see what I get back. Our finances have not changed in terms of income but we do have less debt now.
Thanks again

dudley3012

I sent the ltter off nearly two weeks ago and heard nothing. Yesterday I got a letter telling me tha the debt has been re-assigned from Arrow Global to Arrow Guernsey.
I guess that answers why they where fishing for more details. Does this change alter my CCJ arrangement at all?

Sparklyfairy

It may change who you pay now..did they send any new payment details in the letter? Are the two companies linked? I'd avoid calling them if at all possible & try to get clarification via letters.

Also, as per your other question, I believe only a court can order you to do an income & expenditure..so yes, I also believe they were fishing...