MBNA/link - Judgement awarded against me - can't pay!

[joan_of_arc]

I understand Andy's paragraph. We didn't challenge the legality of the judgment, because you didn't submit a defence. That's too late now, it's done and dusted.

 

Link as far as I know, haven't told London Mortgage Co about the interim charging order (FCO is Final Charging Order btw), which they should do. Not sure what we do about this though (tell Link to do it? inform the court? Write to London Mortgage ourselves?).

 

We need to ensure that the request for a variation on the CCJ (County Court Judgment, ie the N30 default judgment) which you submitted to the court with your income and expenditure form, is considered before the Charging Order. How we do that I haven't the foggiest either. If that's the right way to do it don't the court just do it anyway?

 

 

I still don't know how we can challenge a judgment that's already been made. Doesn't that constitute an appeal process? I'm as lost as you are here I'm afraid.

 

My advice Joan - you'd best ring the court you sent the N245 to and check they have it and ask when it will be considered. Andy may be right and there may be things we could do, but it's beyond me.

[joan_of_arc]

Absolutely there is, you can set a side the judgment and redefend

 

Back to me, Joan. So I can send off the N244 and ask to set aside the judgement and redefend? The only grounds I can see for my objection is that they haven't informed me progressively of the extra interest they were going to charge. Andy, on those grounds, is that enough to get the case dismissed if I went to court? What do you think? Because that's all I can see I've got to go on. Although my gut instinct is SCREAMING at me, DON'T GO TO COURT EVER AGAIN WITHOUT A LAWYER.

 

EDIT: OK the set aside isn't going to happen. I've just finished filling out the n244 to ask for a set aside on the following grounds:

 

With the introduction of amendments to the CCA1974 CCA 2006 in Oct 08 all creditors must inform debtors of interest accruing on any breach at regular intervals. Link have failed to do this.

 

Under section 69 of the County Courts Act 1984 interest cannot be added to a regulated credit agreement and yet this has been done by Link.

 

The creditor must send a copy of the Interim Charging Order and Affidavit to all those with a legal and/or beneficial interest in the property. As far as I am aware, Link have failed to do this.

 

As an application to vary the terms of the CCJ has been sent to the court prior to the Interim Order I request that the court considers the variation before considering the Interim Order.

 

Unfortunately the cost of submitting the form is £75 which we simply do not have atm. So, I have made a mistake in not defending from the start, thinking that defending meant going to court. Now, I can't afford the cost of redefending. And no, we're not entitled to submit the form free of charge, I've checked the stated limits for fee remission.

 

So basically, it's now a question of waiting to see what the court decides about my offer of monthly payment.

 

Thanks again Andy.

Edited September 23, 2010 by joan_of_arc

[AndyOrch]

Hi Joan

 

The CO cant be made final whilst an N245 is on route.Who instigated this the Court or Plink?

Infact no charging order is possable once a redetermination is in place any judge that allows this is breaking the law.

Can you not see why Plink rushed to the LR to get the Interim in place as soon as judgment was awarded.In case you made application for redetermination.!!!!

 

Joan you really must cast aside last years events and your taste of litigation at the hands of TSB/LLoyds this is Plink we are dealing with a glorified DCA.

No way are they going to throw barristers at you this time,glorified Sol probably.

 

They would not have got the interest if you had defended i assure you of that.

Having seen very little paperwork (if any) of this case so far I'm sure that there must be a handful of errors in their case.

 

Its your call but if you was short changed in a supermarket of £2K I'm sure you would argue then.

[joan_of_arc]

We've posted simultaneously Andy; I've only just made my edit above.

 

Hi Joan

 

The CO cant be made final whilst an N245 is on route.Who instigated this the Court or Plink?

No idea, Link I presume.

 

Can you not see why Plink rushed to the LR to get the Interim in place as soon as judgment was awarded.In case you made application for redetermination.!!!!

 

Yes Andy, dim as I am concerning all this stuff, I realised that immediately which is why I applied for redetermination immediately.

 

Joan you really must cast aside last years events and your taste of litigation at the hands of TSB/LLoyds this is Plink we are dealing with a glorified DCA.

No way are they going to throw barristers at you this time,glorified Sol probably.

 

They would not have got the interest if you had defended i assure you of that.

Having seen very little paperwork (if any) of this case so far I'm sure that there must be a handful of errors in their case.

 

Its your call but if you was short changed in a supermarket of £2K I'm sure you would argue then.

 

Of course I would. However I didn't possess enough knowledge or courage to defend my case, thinking it would mean going to court. So I failed. Now, as I pointed out above, I can't afford to redefend. So, thanks for all your advice which has helped me understand what's going on and will help others in the future, I'm sure, but for now I have absolutely no choice but to wait to see what the judge orders I pay monthly, then to proceed with the process of claiming back unlawful charges from MBNA, and then to wait a couple of years and offer to pay Link off. I will keep you posted

[joan_of_arc]

OK I've thought of one thing I can do. According to the n244 guidelines, there is no charge for application by consent for an

adjournment of a hearing. I will get my OH to fax the n244 to the court now, with the reason "Application by consent for adjournment of hearing whilst my redetermination is considered by the court. "

[AndyOrch]

Ok if your not for set a side at least request the transfer as you must attend on the 8th Oct.Check with the Court as to were you application N245 is at ie will it be heard on the 8th? at the same time?

If its the case and successfully then this will negate the CO anyway. When you do attend make it know that other creditors have not been informed (i assure you they haven't if Plink are involved)object for every reason even if if its the weather and its pi**ing it down but object. No legal knowledge needed but make them work.

 

 

Andy

[AndyOrch]

OK I've thought of one thing I can do. According to the n244 guidelines, there is no charge for application by consent for an

adjournment of a hearing. I will get my OH to fax the n244 to the court now, with the reason "Application by consent for adjournment of hearing whilst my redetermination is considered by the court. "

 

Now thats what i like to hear:-D

[joan_of_arc]

you must attend on the 8th Oct.

 

 

I thought I had a choice whether to attend or not. What happens if I don't attend?

Are you saying that if I attend the CO hearing, I can use that hearing to object to the judgement already made against me?

[AndyOrch]

I thought I had a choice whether to attend or not. What happens if I don't attend?

Are you saying that if I attend the CO hearing, I can use that hearing to object to the judgement already made against me?

 

 

 

The decision on the charging order is to be made at Cardiff county court on 8th October. I have to register any objections to the Charging Order before then. I also have 7 days from date of service (?) to apply to set aside or vary the interim order. It also says I can have the hearing in my county court if I apply in writing to the Cardiff Court.

 

What would you gain Joan if you didnt attend ? of course you can you use the opportunity to have your say.Thats whay its called a hearing.

[joan_of_arc]

What would you gain Joan if you didnt attend ?

 

Not undergoing a huge amount of stress.

 

of course you can you use the opportunity to have your say.Thats whay its called a hearing.

 

The hearing is to decide the outcome of the charging order, not to decide whether I owe Link money or how much. That has already been decided by the judge and I can't afford to apply to submit to have it set aside. So are you saying there is a possibility the judge at the CO hearing would listen to my objections to Link's case against me? Surely he's just going to say "This hearing is not to decide whether you owe money to Link, or how much, these considerations have already been decided and you chose not to object to it. This hearing is just to decide whether Link should have a charging order on your property or not." (but translated into Legalese from English.)

[joan_of_arc]

btw, do I have to send a copy of the n244 to Link?

 

And why do you keep calling them Plink?

[AndyOrch]

The hearing is to decide if the Interim becomes a full CO.Its all interlinked CCJ Interim FCO Redetermination its not a forgone conclusion that it will be allowed(well it will if you dont attend with pink ribbons to boot)

 

 

Could have nipped it in the bud here Joan I also have 7 days from date of service (?) Service of the Interim Notice to apply to set aside or vary the interim order.

Andy

[joan_of_arc]

Joan's husband here again:

I agree with what you say Joan, BUT, if you attended, you could at least make it plain that you have requested a redetermination in an attempt to reach an agreeable and affordable payment amount, and could point out that Link have not informed other interested parties (mortgage company and Lloyds TSB).

 

Mind you, if the court will be looking at your redetermination request (which you've paid for!) before the CO hearing, then this should both negate the CO and mean that you don't need to go to court.

[AndyOrch]

btw, do I have to send a copy of the n244 to Link? yes

 

And why do you keep calling them Plink?

I have all my own names for companies Ratsnest Sharkleys Halipratz

[AndyOrch]

Joan's husband here again:

I agree with what you say Joan, BUT, if you attended, you could at least make it plain that you have requested a redetermination in an attempt to reach an agreeable and affordable payment amount, and could point out that Link have not informed other interested parties (mortgage company and Lloyds TSB).

 

Mind you, if the court will be looking at your redetermination request (which you've paid for!) before the CO hearing, then this should both negate the CO and mean that you don't need to go to court.

 

And God shall set you free Hallelujah:-D

[joan_of_arc]

The hearing is to decide if the Interim becomes a full CO.Its all interlinked CCJ Interim FCO Redetermination its not a forgone conclusion that it will be allowed(well it will if you dont attend with pink ribbons to boot)

 

OK, thanks.

 

Could have nipped it in the bud here Joan

 

But I didn't. And there's plenty of material in this thread to show why I didn't. If, during the time I wasn't tying myself in knots trying to understand what the hell was going on with this Link case, I wrote a decent chapter on my third novel because my mind was calm enough to write, then that is worth 2 grand to me, so I ain't about to cry over that spilt milk.

[AndyOrch]

OK, thanks.

 

 

 

But I didn't. And there's plenty of material in this thread to show why I didn't. If, during the time I wasn't tying myself in knots trying to understand what the hell was going on with this Link case, I wrote a decent chapter on my third novel because my mind was calm enough to write, then that is worth 2 grand to me, so I ain't about to cry over that spilt milk.

 

I know exactly what you mean Joan my girlfriend is also a budding novelist and I understand your contentment.

When all this is sorted on the 8th hope I get another mention in novel 4:-D

 

Regards

 

Andy

[AndyOrch]

GE Money now Link Financial

Here is a letter OH received today tellings...

Posted By hammyhound

3 Pages •1 2 3 Have a read of this Joan tells you how good Plink are.

Regards

 

Andy

[cymruambyth]

And God shall set you free Hallelujah:-D

 

[joan_of_arc]

Thanks Andy, will get back to you tomorrow.

[joan_of_arc]

Joan's hsband here. Joan got a letter yesterday from Cardiff County Court, telling her that the judgment is now varied and that she must pay Link £10 a month until the debt is repaid.

 

Now, there was another letter on Thursday, informing her that the hearing for the Charging Order to be made final has been transferred to Sheffield, and is only a week away (as I understand it).

 

Question: does the variation order now mean the Charging Order is superfluous and if so, what can she/we do about it, as the hearing is imminent?

[AndyOrch]

Hi JoA hubby

 

Glad to hear the N245 did the trick.Now you must still attend the next hearing to state your case and why any Interim CO can not me made final and also to get it dismissed.

 

Take a read here you will find it useful Debt Factsheets - Charging orders in the county court

 

In particular this section " already have an installment order and am not behind with it "

 

If you have kept up with installments on a county court judgment then the court should not make a final charging order.

According to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears or you were ordered to pay the judgment in one lump sum immediately (forthwith) and didn't pay. This case is very important. If you are in this situation and still have an interim charging order made, you MUST go to the hearing and take evidence that you have kept up with the installments ordered and mention this case to the district judge.

 

 

Regards

 

Andy

[joan_of_arc]

Hi Andy, Joan here. Thanks for all your advice, yes the N245 did the trick, that was the first time I've had any faith in the courts.

 

The court has ordered that the first instalment be made by the 20th October. Obviously I will send Link payment straight away, but the court case was scheduled for the 8th. In the letter from Cardiff County Court it states that the application is transferred to our local court and that the hearing on the 8th October is vacated.

 

Why oh why can't they use plain English?

 

Does "vacated" mean that that slot is now empty and Link now have to apply for another slot at our local court?

 

EDIT: I've just googled it and can only find regulations according to Nevada state law which I guess aren't relevant here, ha ha

Edited October 4, 2010 by joan_of_arc

[sillygirl1]

The hearing for Cardiff is now dropped and the new court should issue a date for the new hearing...

 

I know what you mean about using plain English, but that wouldn't be open to interpretation then....

 

Really this case highlights the fact that the original Northampton Bulk Court system has been overloaded with companies taking the proverbial...

[AndyOrch]

Hi Joan yes thats exactly what it means vacated.Your local CC will now confirm the new date should the Claimant wish to proceed.

 

 

Regards

 

Andy