ccj help mbna/reston solicitors

kaggzy1763

On Tuesday I recieved two County Court Judgement letters saying I had to pay in total 7 grand to MBNA through Reeston solicitors it didnt say how to pay or when by so I thought another letter would come with that information on. Today I recieved two letters titled Notice of Transfer of Proceedings and all they say is - This claim has been transferred to the Kings Lynn County Court for enforcement.

Does anyone know what that means?

Thank you

nottoolate

they want a charging order maybe?

kaggzy1763

can they apply for a charging order without giving me a chance to pay off the debt? I only recieved the ccj two days ago and it didnt state a date on when to pay it by I was hoping I could pay by installments.

Tixy

Did you complete the original court paperwork? did you ask to pay in installments?
When you received the CCJs did it state it was a forthwith judgement - if so that means you are required to pay straight away (and within 28days to stop it going on your credit files and the registery trust.).

Being MBNA and assuming you own a property I'd imagine they are hoping to get a charging order.

Tixy

Is Kings lynn your local court?
You might still be able to apply for a time order to be allowed to pay in installments, especially if you reply promptly to the judgements - you can ask the court to consider this before a charging order hearing (assuming that is what they are intending to do).

kaggzy1763

Just checked and yes your right it does say forthwith no way I can pay that in one month and dont know if the correct paperwork was completed I rather foolishly left it for someone else to sort out because I didnt understand it all. Kings Lynn isnt my local court its actually further away then the original court. If they put a charge on the house will I be made to sell it? Its jointly owned.

Thanks for your help

fatbelly

kaggzy1763 wrote: »

Just checked and yes your right it does say forthwith no way I can pay that in one month and dont know if the correct paperwork was completed I rather foolishly left it for someone else to sort out because I didnt understand it all. Kings Lynn isnt my local court its actually further away then the original court. If they put a charge on the house will I be made to sell it? Its jointly owned.

Thanks for your help

Only just noticed your post, so this could be a bit late. If the judgement says 'default judgement' in the top left hand corner then the court believes that no defence, or offer to pay was received from you.

I am not sure whether a redetermination could be considered and you may already be out of time.

But it could be varied using an N245. If you got this to an instalment order and kept up the payments, no charging order could be applied for.

Factsheet | Reducing payments or suspending a Bailiff's Warrant on a County Court Judgment

The factsheet reads as if it doesn't apply in your case but it does, as the way the courts view things is that you have been ordered to pay in one instalment of £7000 and you want to pay in ?50? instalments.

If this progresses to a charging order, as a sole debt on a joint property you should be aware of the thread

Charging Order? The Myth