A Little Advice

w1ck3d

Hi King100 - PPI, Don't even get me started if he has. Just found out he took the card out in 2004, so defo going down the CCA road first.

Found loads on info on here, template letters etc etc.

Cannot thank you guys/girls enough on here.

Well keep you all posted.

:beer:

king100

Sweet

Send CCA letter wait 12+2 days if no reply or the usual we will need to go back to original creditor, then send dispute letter. They cannot collect until they have provided you with

1. the original credit agreement or
2. a reconstituted agreement with the original terms on it, although I belive they must state that this is not the original.

REMEMBER

do not let your friend sign this letter just print name and send £1


Try and find out if they have PPI as this could wipe out the debt immediately and you could call it quits.

w1ck3d

Hi All,

Well just got back, and well, its sort of out of my remite, experience, but here goes.

They have 1 letter dated the 17th May, stating a Judgement at a court that is 3hrs away. Not date set as such, just telling them they owe 15K plus 440 costs, thats it. Then they have another letter, saying it posting to a regional court for enforcement. They haven't had the "blue " letter to offer SOA or make an offer to the court. MNBA have just gone for the throat.

Now weather it would make a difference, but he was in hospital for over 4 wks ( 10% chance of living, and lived ) and paid a payment on his hopsital bed, as MNBA wouldn't talk to his partner, althought she explained the situation. That is sick, sorry, but it is.

Offer after offer MNBA refused. They paid 3 months at 300 which was agreed, then when mnba looked, they said, keep it up, which they could not.

MNBA didn't pass to a DCA, just straight to court. I have read the paper work, and I am going to push as they didn't recieve the blue form for SOA and to make an offer. Then if the court decide other wise, then will do a N245 form, for them.

What makes me also sick, is they had a letter from a random company offering them help with ther proceeding ccj at a cost, that is sick. But make you laugh, I rang this company, asked 2 questions, then when they said, do you want help, I said, no thats ok I work for CCCS ( oh my god, they must had dropped the phone) and did this without giving details out either.

Am I doing the right thing, I hate seeing them like this, they are such a lovely couple, and deserve a break in life?

Is there anything I am missing?

What pitfalls to I need to look out for?

They are not dening the fact that they owe it, just wish that they could argue the repayment. Also, one more, I promise. They started the card with 3500 limit. MNBA uped it and uped it without signature or agreement. This has happened over a number of years, but orig agreement for that amount was taken out in 2004.

After all the news, and CCA etc etc, is this something they should persue?

Also one last thing, I do promise this time...LOL Should they let it go to court hearing, and then tell the judge ( actually how it was and is ) and let him decide, as I think that have a good case, of harrasment and non complient of MNBA being helpful, considering they are still uner investigation from the OFT regarding the way they treat their customers?

Many thanks again Forum Buddies

Now back for a red one, and a little more digging. You might think I am mad, but they helped me through a nasty domestic voilence divorce ( yes I am male ) I owe them my life to be fair :A so this is nothing to me.

Sorry for the long post, but thank you

w1ck3d

Hi All,

Just need some advice, hopefully somebody has had the same.

Ok my questions are?

Should I go for a set-a-side (n244) form as they never received the Claim Form enabling them to make a defence and list the SOA and also make an offer?

Or should I go for a N245 form, asking the court to look at it again. Both encure costs ( £75 + £40 ), but not sure if I can ask the court to look at it again, as they didn't have a chance to defend. They also never received a summons?

Also on the back of this, and because it has gone to Judgement already, for the cost of a stamp and £1 should I write to MNBA asking for a CCA ( or isn't this done anymore. Threads I have read are a little old ) as this credit card was taken out in 2004 and I know there was some special case's. If they cannot produce a CCA, then this would stand them in good stead asking for a set-a-side judgement.

Any advice would be greatfully received, as this is a little out of my remite. I am only used to helping with DCA's, but MNBA never passed it to a DCA, just went straight for Judgement

Many Thanks Forum Members

Kindest Regards

w1ck3d

Sorry just thought of another question

Although the debt was with MNBA, just looked at the form again, and it states payment should be made to:

OPTIMA LEGAL SERVICES LTD - Bradford

So are these the DCA and if so, anybody had any experience with these?

Many Thanks

RosaBernicia

Hi W1ck3d

I'm afraid I can't really help with your questions, but I just wanted to say it's fantastic that you are supporting your friends through this :A

and I would have thought M***s actions in this situation would reflect extremely badly on them, when reviewed by a judge or anyone else.

Rosa xx

w1ck3d

Thanks Ros.

Hopefully somebody can give me a little help/advice on the above questions.

Many Thanks

w1ck3d

hi Peeps,

Thought I would give you a heads up on how I got on. They have had a court hearing come through, regarding the Charging Order. I had it moved, as it was not in Local Court.

The company is based in Bradford. We are hundread's and hundreads of miles down south and the court is local to us. They sent a letter ( the company seeking the CO) saying here's the court date, and time, and the hearing will last 5mins. Also got letter from court, stating time and date, but no time allocated to hearing?

Now I have a few questions:

5mins for the hearing, are they not expecting us to fight our case?:eek:
5mins for the hearing, does that mean they will not turn up due to distance travelling for them, as they are defo not local :rotfl:

They are expecting the judge to award Final Order?:eek:

We have sent ( as required ) a detailed report to the Judge, stating they they wasn't allowed the choice of monthly installments, and also all the letters they wrote, stating how much they can afford with a SOA, all evidence against MNBA and their so called solicitors.

Any advise anybody can offer, and also answer the above questions if possible, what to look out for

Cheers all forum buddies

RAS

The trouble is that unless they defended the original CCJ, it is extremely difficult to defend the Charging order.

Have they been paying ther £100 per month since they CCj was granted, regardless of MBNA wanting the £300?

is the property jointly owned?

w1ck3d

Hi Ras,

The problem is, they didn't get a chance to defend the original CCJ. The complete forms where not send out, all they got was the "Forthwith" letter. They then processed this through the Bulk Clearing centre, very very quickly. I got involved, and got it moved from the BCC to local court so at least they have a chance of defending themselves.

MNBA refused the £100, unless they gave them their bank account details (nice try mnba to swindle more). They have letters from MNBA refusing payment of £100.

All this has been gathered, and sent to the Court.

I have read, that a Charging Order can be defended, if other means of payment are forthcoming, and also if you can prove that there is no point of a charging order ( young kids in property, plus very little equity)

I was just intrigued as to whether the creditor would actually turn up, for a small amount, less than 15K and have approx over 6hr round trip?

If the creditor doesn't turn up, and they do defend themselves, wouldn't this look better in front of the judge also, as they can show them the SOA, they originally sent to MNBA?

They haven't actually denied they owe the money, just stated from day one, they cannot afford that amount. Oh also, they have other creditors, that have frozen the interest, and have payment plan in place. This obviously goes for them as well, because that is another clause for not accepting a charging order. Why give preferential treatment to one creditor and not the other.

Thanks for reading