Link taking court action for MBNA debt

[AndyOrch]

With regards to Plinks further statements and further charges just collate and file safe they have their judgment on that debt, watch they don't try for another bite of the cherry.

 

Andy

[billsters]

Thank you!! will reply more tomorrow ..

[billsters]

You could apply to have the judgment struck out, but what defence would you be entering?

 

 

You rececieved a claim form. Rather than defend you disputed the amount. On what amount was the CCJ awarded ? On the original claim form, was there a provision for adding interest after judgment and did the court agree to this ?

 

Were there any charges or PPI on the account that you could have reclaimed in order to reduce the amount owed.

 

If you have received an agreement to the variation order.. I would continue to pay that for the moment.. and start to prepare for the court case in June. If you dont receive a response to your queries within say 24 hours.. then just hit the report button.. which is the triangle with the ! mark in it. That alerts the site team

 

The CCJ was granted on the smaller amount (minus 1.5k of charges, no provision for further interest). So it might be Plink pushing for a small claims hearing to get the variation set aside? Or a charging order?

[billsters]

Plus, no PPI. The charges might come to more than 1.5, that was a ballpark figure. I was prepared to put my hands up to 4k of debt, then again I need time to pay and Plink are such wotsits I'd like to deny them the pleasure if at all possible. I will pay the 20 starting in Dec (postal order, recorded delivery? Or is it safe to send cheque?) and check if the small claims is going ahead; then ask for help on that. Thanks all and have a good day.

[billsters]

First instalment payment sent off yesterday, recorded post.

 

Meantime ... PLink have sent me a very thick document with all transactions since I got the card back in 2001 (there was a lot of activity between 2004-2008) so between now and the hearing in June I shall enter all these on an Excel sheet so I can work out how much was charges/interest .. it does seem there's an awful lot of interest and charges added in the last 4years since I stopped using the card.

 

Then I'd like to look at enforceability - but the agreement with my signature is quite clear and they seem to have supplied things in order, except that the last few documents contradict each other, and there is no breakdown of what charges are, or how they were arrived at.

[citizenB]

Are you claiming both charges and PPI ?

 

The link below is to spreadsheets that have been produced by ims21 and one of them should be suitable for your purpose

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[billsters]

Thanks, but no, I've never taken out PPI.

 

ONe of the spreadsheets might be useful though, so thank you.

 

I'm waiting to see if PLink cash the cheque... is there any history of them not doing so?

[billsters]

Well, they haven't cashed the cheque, which they would have got on Monday. I have proof of postage, assuming a court would accept this as reasonable proof that I have tried to keep to the agreement?

 

I have looked at past cases and think I have several points about unenforcability, as several retail transactions were designated as cheque or cash advances - I never drew out cash on my credit card.

 

Also, as they do not make clear what the basis for charges are.

[citizenB]

Well, they haven't cashed the cheque, which they would have got on Monday. I have proof of postage, assuming a court would accept this as reasonable proof that I have tried to keep to the agreement?

 

I have looked at past cases and think I have several points about unenforcability, as several retail transactions were designated as cheque or cash advances - I never drew out cash on my credit card.

 

Also, as they do not make clear what the basis for charges are.

 

Yes, your proof of postage is proof, so keep it safe:) If the transactions were incorrectly recorded then that can throw doubt on the whole of the account history.. so probably a useful back up.

[billsters]

Thank you and a merry, stress-free Christmas.

[citizenB]

Same for you

[billsters]

The court date is fast approaching now. Plink sent me a letter offering to settle if I agreed to add another 800 onto the bill and continue to pay at 20 per month, otherwise they will be trying to enforce the whole amount owed Inc. 2k or so I'd previously disputed, plus 700 costs.

 

What are my best chances

 

1. Argue that charges/interest are unfair and so we should continue with the amount already agreed. As judgement was made then, can this be overturned?

2. Try to argue unenforceability

3. Any mileage at all in pointing out that Link were not the original owners of the debt and would have only paid a fraction of it, so are greedy and vexatious in pursuing me for the extra money?

4. Any point in going on about their harassment, which made me very anxious at one point?

 

If it goes against me it's not the end of the world but I want to avoid getting a charging order. I can claim to have negative equity.

 

Thanks

[billsters]

Ps, I've put rough amounts in my post so it's impossible to ID me, in case it seems a bit inconsistent.

 

Grateful for any help.

[citizenB]

So they are offering to settle but only if you pay their costs ?

[citizenB]

I have just had a quick read back over your thread and I am not quite sure what is happening. Can you please provide a summary of where you are at.. ta

[asokn]

3. Any mileage at all in pointing out that Link were not the original owners of the debt and would have only paid a fraction of it, so are greedy and vexatious in pursuing me for the extra money?

4. Any point in going on about their harassment, which made me very anxious at one point?

 

If it goes against me it's not the end of the world but I want to avoid getting a charging order. I can claim to have negative equity.

 

Thanks

 

There is no merit in the above points so focus on other things. Also, beware that the existence of negative equity (even if proved) is no bar to a charging order.

[billsters]

Thanks, but what should I focus on?

 

Citizen B: they got CCJ in Dec. For (say) 4k, when they wanted 6k. Set at 15 per month, which I've been paying.

 

There is court date set for them to try to recover 6k plus costs of new proceedings.

 

They have written to "offer" to drop new hearing if I agree to pay an additional 800, still paying at 15 per month, and sign new agreement. I don't want to make any agreement with them, so will go to court.

 

I was going to contest the charges and interest (which come to about 2k) is there any merit in that?

[citizenB]

Hmm, it is my understanding that only a court can change the terms of the CCJ.. If there are charges then I guess you could counterclaim for those. Have you done a spreadsheet ?

[billsters]

Hmm, it is my understanding that only a court can change the terms of the CCJ.. If there are charges then I guess you could counterclaim for those. Have you done a spreadsheet ?

 

I've gone through with a highlight pen and put the amounts into excel....

 

I actually think the CCJ is fair enough at 4k, representing what I actually spent plus reasonable interest,

as that's how much was owing before I became unemployed,

but it spiralled to £6k with charges etc.

 

So I entered a defence saying I accepted £4k but was broke so could only offer 15 a month.

 

And I'm puzzled too,

I don't have your experience or knowledge but I thought the CCJ was a final judgment, the word "judgement" suggesting just that.

 

Thanks again.

[dx100uk]

I have just had a quick read back over your thread and I am not quite sure what is happening. Can you please provide a summary of where you are at.. ta

 

would be useful................

 

dx

[billsters]

Dx, it is three posts above, what is not clear, please?

 

CCJ was in December. Court ordered me to pay 4k at 15 per month.

New hearing small claims court set for few weeks from now. They are seeking 6k (which they were seeking originally).

I don't understand how this can go to court if CCJ has been set.

They have written offering to drop case if I pay an additional 800, warning me that if it goes to court I will incur further costs.

[asokn]

So are they claiming 6k on top of the 4k for a total of 10k or are they seeking to make the total 6k by claiming an additional 2k?

 

On what basis are they justifying making this second claim? Is it right that they have already tried to claim this amount and failed?

[billsters]

Yes, they are claiming what they tried to claim in December, plus (it seems) the costs of the new action.

 

In December, I didn't attend court, just submitted a defence agreeing liability for 4k and offering to pay off at 15 a month. Got judgement to that effect and have complied with it so far.

[billsters]

On what basis, I don't know, after the judgement they sent through statement which continued to add interest, but they've been cashing my cheques with the court ref on so presumably are aware of it.

[asokn]

Right, I *think* what has happened here is that Link claimed £6,000 and you submitted a partial admission accepting you owed £4,000. Therefore, judgment was immediately entered against you for the undisputed £4,000 which has since had a payment plan determined and the balance of Link's original claim, the £2,000 odd that you did not admit, has been allocated to the small claims track for a hearing in June.

 

Does that sound about right?

 

If it does, what exactly did you put in your defence to the disputed sum of £2,000?

 

If it doesn't then I have no idea what is happening and would suggest you type up, verbatim, each court order chronologically.