Varde/Brachers claimform - MBNA card

[Smoothound]

No I didn't give a time limit, on reflection I should have I can't make calls during the day so phoning will be difficult for sure!

[Smoothound]

Well not even an acknowledgement has arrived today. So I will put it in writing and send recorded tomorrow...

[Smoothound]

As this could possibly get ignored what should I do about the court and my defence now? Less than a week so I guess I need to make some provision for them ignoring me.

[Smoothound]

Should I just fill in the income and expenditure form that came with the claim and send that in?

[Ganymede]

I think you need to relax and give them more than 1 day to respond!

 

Only complete the admission and I&E if you are 100% you don't want to fight this as you will get a CCJ for the full amount admitted plus the costs stated on the Claim Form.

 

You have time so may as well wait a few days. Either you don't file a Defence and get a CCJ or admit to the debt and get a CCJ. Same result.

[Smoothound]

Thanks Ganymede.

 

Just stressed and sick of it all now just want some closure

[Dotty50]

Why don't you prepare a draft of your Inc/Exp form so that's it ready for you use, should it be required, then that's something out of the way and less to worry about.

 

Sorry I can't offer more help as far as court is concerned but only you can make the decision on how to proceed but at least you are getting help on here as much as possible.

[citizenB]

Budget sheet - This one is acceptable to the courts..

 

 

Ellens Budget Sheet.xls

[Smoothound]

Budget sheet - This one is acceptable to the courts..

 

 

[ATTACH]33667[/ATTACH]

 

I still have the documents that came with the claim from the court. I would assume this is the same thing? I've not looked as I'm at work currently.

I imagine I need to reply to the court before the 27th rather than just let the time for defence expire?

Edited February 22, 2012 by Smoothound

[Ganymede]

I still have the documents that came with the claim from the court. I would assume this is the same thing? I've not looked as I'm at work currently.

I imagine I need to reply to the court before the 27th rather than just let the time for defence expire?

 

 

I would say yes as a Default judgment will be forthwith whereas if you make an offer the Court may set the instalment rate.

[Smoothound]

Ok so I've arrived home from work and there is a letter form them.

 

It puts the ball straight back in my court asking me to "forward my proposals for the payment of the sum so they can take further instruction from their client". So another day goes by!

 

I'm sure they will be expecting the full amount, possibly even paid in full but I can't afford that a small monthly payment would be my limit. I'm loathe to pay the full amount anyway knowing I'm still sure MBNA owe me more PPI and the fact that they bought the debt for peanuts probably I just don't have a clue what would be considered fair to both parties!!

[citizenB]

Had you actually made a claim for the PPI - You could enclose a spreadsheet with your PPI calculations and use that as a negotiating tool. You need to prepare a budget sheet as well then take it from there.

 

You can only offer what you can genuinely afford - but they will expect to be able to verify your figures.

[Smoothound]

My PPI calculations are not even close to theirs. Mine were done the old way not the FOS guideline way and were much larger than what MBNA have so far paid out. I'm disputing it as the spreadsheet they finally supplied to show how it was arrived at is pointless and shows no working or figures just final values. Problem is the FOS are so far behind I'm in the queue waiting for an adjudicator to be allocated to my case to look into it.

 

My defence needs to be filed by Monday next. I've now got the above to discuss with the solicitors/Varde. By the time I've replied with any figures the weekend will be here and then a default judgement will be applied will it not so it kind of defeats the object of what I'm trying to achieve?

 

I'm getting confused as to who I really need to be doing what for!

[Smoothound]

The budget sheet includes partners income but the debt is nothing to do with them. Why is this? Even if they had a load of disposable income the debt is not their responsibility!!!

[citizenB]

The budget sheet includes partners income but the debt is nothing to do with them. Why is this? Even if they had a load of disposable income the debt is not their responsibility!!!

 

 

you DO NOT have to put your partner's income on the sheet.. as you rightly say it is nothing to do with them. However, if they contribute to the household budget in some way.. say a proportion of the rent/mortgage/council tax/food bills.. then perhaps you could just put an amount in.

[asokn]

I would suggest that you leave your partner's income out but also don't include any expenses that s/he pays for so that the court has a true statement of YOUR income and expenditure (e.g. if your partner pays half of the mortgage then don't put the full monthly instalment as your expense). On the other hand you could put your partner's income but then include his/her expenses as well.

 

The most important things are to be consistent and accurate.

[Smoothound]

I've made an offer and they have sent a form to fill via email which they require returned by close of business tomorrow so their client can determine if the offer is reasonable or not. I'll attach the form as it seems to me over intrusive and far more info than really needed. There is no way they will get it back by tomorrow as I've only just picked up the email after work so no way I can print it out, fill it in, sign it and send it back this evening as I have no scanner. I can probably fill bits in on the PC but no signature for sure. I've not yet sent anything to the court as I was hoping this woiuld be sorted before the cutoff/defence filing date but that is looking unlikely now

 

 

Are there any costs I can allow for on this form that may not be regular expenses? Just curious really as I've got minimal income and even less disposable but someone at work today said you are allowed to put so much a month down for annual holiday etc.

 

Any thoughts?

PFS.doc

Edited February 23, 2012 by Smoothound

[citizenB]

Ellens Budget Sheet.xls

 

This budget sheet is acceptable to courts - it is currently being used by those in the Home Repossession forums.

[car2403]

I've made an offer and they have sent a form to fill via email which they require returned by close of business tomorrow so their client can determine if the offer is reasonable or not. I'll attach the form as it seems to me over intrusive and far more info than really needed. There is no way they will get it back by tomorrow as I've only just picked up the email after work so no way I can print it out, fill it in, sign it and send it back this evening as I have no scanner. I can probably fill bits in on the PC but no signature for sure. I've not yet sent anything to the court as I was hoping this woiuld be sorted before the cutoff/defence filing date but that is looking unlikely now

 

 

Are there any costs I can allow for on this form that may not be regular expenses? Just curious really as I've got minimal income and even less disposable but someone at work today said you are allowed to put so much a month down for annual holiday etc.

 

Any thoughts?

 

Unapproved the attachment as it contains reference numbers that link your details to their files - if you want to re-up, please remove the refs. Although I think CB has provided you with what is reasonable for them to be asking for

[asokn]

I think you would find the court and the creditor less than amused if you insisted on an annual holiday!

[Smoothound]

I think you would find the court and the creditor less than amused if you insisted on an annual holiday!

 

What I thought but she insist she was advised to put it in and it was accepted!!

[asokn]

Of course all depends on the circumstances and if you make an offer that's reasonable per se then there's no reason why you couldn't budget for a holiday. However don't offer £1pcm and claim extreme financial hardship if you're then putting away one hundred times that for a nice week in the sun!

[Smoothound]

Of course all depends on the circumstances and if you make an offer that's reasonable per se then there's no reason why you couldn't budget for a holiday. However don't offer £1pcm and claim extreme financial hardship if you're then putting away one hundred times that for a nice week in the sun!

 

What I've offered is reasonable although I wish I could get away with or had the cheek for £1 a month! I also pointed out to them again that the account is still in dispute via the FOS and just because MBNA say the account is settled Full and Final doesn't mean it is. I also pointed out that the account had attracted some exorbitant charges in the latter years and this should be taken into account with regard to the balanced supposedly owing. I've filled in the above Excel Sheet now and hopefully it will be good enough for them to accept and halt the court action for now.

[Smoothound]

Not heard anything so far today but still early I guess. Should I send anything to the court if I get nowhere or even if I do?

[Smoothound]

No reply unless it's very late in the day or arrives in the post tomorrow. Should I just go ahead and send the same breakdown to the court or do something else?

 

OK, an email arrived about ten past five with the following comment or words to this effect:

 

"Based upon the information you have provided, it appears that you have made no provision for the payment of Council Tax, nor have you included any details regarding the amount you spend on housekeeping. We would be grateful if you could provide an explanation for this. "

 

It then goes on to say they expect an answer by Monday which is obviously the date I need to have said something to the court by really. I've replied to the email pointing out that any bills etc. that are not on my spreadsheet are paid by my partner but I would guess there will be no answer till Monday now.

 

Anything else I should do now?

Edited February 24, 2012 by Smoothound