dadofone
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Posts
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Hi dx, I would love to get something back! So ... MBNA sold the debt on. If I SAR them what will I be able to do with the info seeing as they are not the creditor any more? I did receive a cobbled together CCA from MBNA a while back. It did show my signature but it is on a separate piece of paper; it doesn't appear as part of the whole agreement. They informed me that even though it was not a true copy of the original agreement that it is sufficient to satisfy my original section 78 request. Not sure how much truth is in that! I could scan what I have and show you. It is my understanding that now that I've agreed to pay the £18 per month it means I have admitted I do owe the money so I have very little wiggle room to take matters further! What do you reckon?
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Hi all, So this will likely be a concluding post from me ... for now! The judge ordered me to pay £18 a month which I agreed to. So that's that! It'll take me 50 years to pay the debt off. I recently discovered that they (IND) likely acquired the debt for around about the £300 mark so after a year and a half they're in profit! If I settle with them for the full amount at some point in the future then they have made a real killing! Trading in people's misery ... What a low-life way to make money! I sincerely hope what goes around comes around Thanks to all here for your help ... especially Andy I have made a donation and I urge all those who have been assisted on this forum to do the same. We need websites like this.
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Thanks Andy, Presumably I'll receive the new judgement order in the post in the next day or so. I'll then know exactly what it says. Am I right in thinking I can apply to vary the current order if the interest issue needs clarifying? If I apply within 7 days is it correct that there is no fee to do so? Thanks, DoO!
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Hey all, So, unlike the creditor, I attended the hearing. I agreed to pay a nominal amount and the judge made out the new order. I forgot to ask about the interest which I'm assuming is now frozen on the account. Would that be right?
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Ok thanks again Andy. I'll let you all know how it goes
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Ah ok ... so the judge will look at my N245 and make a decision? Will I have an opportunity to say anything do you think?
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Hi all ... Happy Christmas! So I'm in court in the next few days regarding the application to vary. Is there an official form I need to use for this application or do I just prepare a statement to make in court? Cheers
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Thanks Andy So do you think I should just stick with my original Financial Statement Summary which showed that I can only afford £1 a month or should I offer them a sum to clear the debt? (my Parents have offered to front me some cash). I have been told that even if the debt is cleared, the CCJ will still be on my record for the duration ... 6 years I believe. If this is true I might as well just offer the £1 a month until the CCJ expires and maybe then I can come to a settlement. In court, is it worth me bringing up the history of the account? The fact that the account was put into dispute by myself (over a technicality). Interest has been added since the dispute (which MBNA never acknowledged) so do you think I can get this interest removed from the outstanding sum? It's a real shame I didn't have the guts to take MBNA to court over the dispute before they sold the debt! Do you think the judge will look favourably on me if I mention that MBNA sold the debt on very quickly? (sorry about all the questions) Thanks, dadofone.
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Hi all, Another update to this thread ... After the N245 was submitted a date was set for the hearing where I can ask the judge to vary the terms. It was to take place in my previous home town. Due to financial pressures I have had to move my young family away from the house we lived in and were settled in. We're now all living in one room in my wife's family home. I'm sleeping on a mattress on the floor! Anyway ... long story short ... the court were completely inept when it came to filing my new address and I was on the phone to them daily trying to sort out getting the hearing moved to my new location. During one conversation the clerk let it slip that that the creditor was not going to attend the hearing anyway! I have now had the hearing re-scheduled for the Christmas holiday (nice!). I'm assuming the creditor will again not bother to show up so I will likely be the only party attending the hearing. What do you make of this? Is the creditor just letting things run their course knowing they'll get something? What is my best tack for varying the judgement? Looking forward to your thoughts.
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Ok thanks Andy. I think I'll go for the suspension and then go to court at a later date if needs be. Just want to say that this forum is absolutely brilliant! More power to the little guy!
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Thanks very much once again Andy I've been reading the CAB website and it seems that the bailiffs will only try to get into my home 2 or 3 times before they give up and refer the debt back to the creditor. The only downside is a £110 fee every time they try. This fee is added to the debt. So I phoned the court yesterday and they said if an N245 form is submitted then a date will be set where I will need to attend a hearing where I will be required to back up my submitted information with evidence. Of course I did all this already at the N39 session! So am I right in thinking the court didn't even look at the documents I submitted for the N39? Surely they can determine my means from the N39 session? I'm asking because I'm torn between applying for this N245 suspension and just letting the bailiffs come round here whereupon I simply won't let them in and eventually they'll give up, referring the debt back to the creditor. It looks like the creditor is not going to go for a charge on my property (negative equity) so their options appear to be very limited at this stage. What do you think Andy? Am I just better off letting this bailiff action run its course? The main downside to this is another £330 added to the debt.
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Thanks Andy, The N245 form costs £45 to submit unless I can show I'm on a low income (which I am) in which case the fee may be waived or reduced. I don't have this years tax return available yet. If I show them my bank balance and tax credits award do you think that's enough to show I'm on a low income?
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Thanks Andy. Top advice as usual! I just checked out the N245 form and it asks for pretty much the exact same information that is in my financial summary statement. So if I do submit a N245 my offer to the creditor will still be £1 per month. Will the stay of execution definitely be granted? How long does the stay of execution last for?
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I meant to update this thread sooner ... So I went to the N39 hearing and it lasted all of 5 minutes (after they made me wait 2 hours). I handed over nearly everything they wanted to see. Bank statements, HMRC documents, the lot. So the creditor knows absolutely everything about my finances now! I also gave them my financial statement summary which was prepared for me by the CAB. It showed that I could afford to pay the creditor no more than £1 per month, which is what I offered them. Then I heard nothing until a letter from the court dropped through my door today. It is a Warrant of Execution informing me that if I don't pay the full amount in a week then bailiffs will call at my property and may seize goods. I listed all my worldly possessions at the hearing and it was a sorry list worth very little! They'll be lucky to find anything of value at my property. I don't own anything which is worth any significant amount of money. My only concern is my van, which I use for work. It's worth maybe £900. Can they take that?
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Yeah once I discovered it was IND I searched on them and found plenty of references. It seems they are well known for being devious and greedy. I never did SAR MBNA but as I understand it, now that a judgement has been made they (IND) pretty much have me over a barrel. I'm just trying not to kick myself to hard about the whole thing because if I'd changed my address it would have never got this far. So my advice to anyone dealing with creditors is to ALWAYS inform them of your change of address!
