IDR/LINK CCJ - MBNA Virgin Card - oppss i all but ignored the claimform now CO attained too

[s8n]

Can anyone advise me on how to deal with this.

 

I visited my local CAB, they didnt help much and said i probably wont be able to get legal aid.

[havinastella]

You have 5 days from date of issue + 14 days to acknowledge the claim. Should you acknowledge, you get a further 14 days.

 

What does the POC say, leave out personal details.

 

What are the FULL details of this debt, what debt is it? When did you take out loan/card? Have you any charges/ppi? Who owns it? When was last payment made?

[s8n]

Thanks for the response.

The Claim was issued on 30/11/2012 - i need to do the acknowledgement of service by Wednesday i guess.

 

Claimant: Verde Investments (Ireland)

Solicitors: HL Legal

County Court: Northampton (CCBC)

Amount Claimed: £2926.17

Total (inc fees) £3081.17

 

The original Debt was with MBNA Credit card

The card was opened in 09/10/2007

Last payment: July 2011 (on advice of CCCS, then i waited for them to contact me so i could make token payments)

 

Unfortunately MBNA dont have the information about this card any more (it shows as £0 Balance)

[Vampyra]

Subbing as details almost similar for my friends claim. Same people same dates. Am interested to know what he has to do so close to Christmas.

[AndyOrch]

Have you checked if you are exempt from Court fees ?:- http://www.justice.gov.uk/courts/fees

[s8n]

Hi Guys.

I am now trying to submit my own defence as I haven't been able to seek any legal aid.

I did contact my Banks free legal service, who provide legal service over the phone.

 

They said to base to dispute the liability and base a defence on the fact that no Default Notice had been received in accordance to the Consumer Credit Act 1974 Section 87 and 88.

Can someone help me word this please.

[s8n]

Hi Guys

I sought legal advice, but apparently they cant give me it until i have split up with my partner (our finances are seperate due to issues).

I am now applying to have the CCJ set aside,

 

I did contact my Banks free legal service, who provide legal service over the phone.

 

They said to base it being set aside on and to dispute the liability and base a defence on the fact that no Default Notice had been received in accordance to the Consumer Credit Act 1974 Section 87 and 88.

 

Is this correct?

Can someone help me word this please

[AndyOrch]

Threads merged please keep to one thread per claim.

 

Regards

 

Andy

[s8n]

Threads merged please keep to one thread per claim.

 

Regards

 

Andy

 

Hi Andy. They are two separate claims. From the same company. One has a judgement against it. The other is still in the acknowledgement phase.

 

Because of that i had 2 threads to stop my self and others getting confused with the advice for each independently.

[AndyOrch]

Sorted and split back into separate thread s8n...apologies.

 

Andy

[s8n]

Sorted and split back into separate thread s8n...apologies.

 

Andy

 

Lol no probs.. it happens.. they are extremely similar and i did copy and paste the last sentences.

 

Now to make me feel better can you help

[AndyOrch]

s8n the other thread appears to have gone awol...you will need to start a new thread on the other claim.I will subscribe to this when you have recreated it and then post and assist further on this also.....if it makes you feel better:-)

 

Regards

 

Andy

[s8n]

s8n the other thread appears to have gone awol...you will need to start a new thread on the other claim.I will subscribe to this when you have recreated it and then post and assist further on this also.....if it makes you feel better:-)

 

Regards

 

Andy

 

Done, any help will be much appreciated

 

Other thread

[s8n]

bump

[AndyOrch]

" They said to base it being set aside on and to dispute the liability and base a defence on the fact that no Default Notice had been received in accordance to the Consumer Credit Act 1974 Section 87 and 88."

 

In theory yes but it will cost you £80 to apply this and see if it is acceptable as a reason for set a side.

 

Andy

[s8n]

" They said to base it being set aside on and to dispute the liability and base a defence on the fact that no Default Notice had been received in accordance to the Consumer Credit Act 1974 Section 87 and 88."

 

In theory yes but it will cost you £80 to apply this and see if it is acceptable as a reason for set a side.

 

Andy

 

Hi Andy. Thanks for your response.

 

You say in Theory, has the defence previously worked?

I dont want to apply for this, spend £80 i dont really have to spare, then still have it against me. :s

 

Thanks

[AndyOrch]

That's not the defence s8n you need a valid reason to firstly get the set a side and if successful then the defence will submitted.The DJ would consider a proposed defence in his initial decision as to set a side.If he feels that it has no merit the set a side would be declined.

£80 to test is though ...ouch!!!!

[s8n]

Just an update...

I contacted Cardiff County court.

I said i wanted the case transfered to Manchester and wanted to apply to set aside.

 

The lady said i should first email the court and have it transfered.

Then i should apply to have it set aside to my local county court once the case has been transfered.

She also said IDR finance are seeking a charge order and the hearing will be on 08/02/2013 so i should respond asap.

 

Is this the correct way around? or should i apply to set aside first?

 

In response to Andyorch: So why would the legal advice service advise me to do this? I would presume its because they didnt follow correct protocol to get to this stage, so they would need to apply again?

I know it is what i put in my defence for my other case along side additional information about my finances.

 

My main reason to set aside is simply that i am working with the CCCS (Step Change) to set up an IVA, although the prefered option is to pay a lump sump to all my creditors proportionally from a sum i was given by a family friend.

My finances wont accomadate for my mortgage to increase because of the charge order because I have a very small surplus already.

 

Thanks

[thebaneofbanks]

Just an update...

My main reason to set aside is simply that i am working with the CCCS (Step Change) to set up an IVA, although the prefered option is to pay a lump sump to all my creditors proportionally from a sum i was given by a family friend.

 

Then speak to CCCS at once. As I understand an IVA if there is a valid proposal it stops all legal action proceeding. Based on that I would speak to CCCS and see how far down the path they are and ask them what needs to be done. One thing worth looking at is what percentage of the total debt this covers. If it is more than 25% there is a possibility the IVA may fail if this company really have it in for you as they can defeat the IVA themselves.

 

Hope this helps and makes sense to you.

[s8n]

Hi, i did mention both the cases to the CCCS, they said just put a defence in and explain your situation. Which is what i did, which is what ended up in the CCJ anyway, because my defence was ignored.

 

There has been a problem with the CCCS too, they hadnt told me that they had made my case dormant from back in march 2012 because i was ill and hadnt been in touch, unfortunately they didnt tell me at any point when i contacted them between then and November either that this was the case.

 

This i have 2 debts with MBNA, this one has a CCJ the other i have put a defence in for.

This one is 8% share, and the other is 7% share of the debt.

 

All the other companies are luckily playing ball, and allowing me to make token payments.

I also have a personal debt with a friend which makes up 30%, i have spoken to her about my situation and she said she will accept the proportional full and final. I thought the majority share owner has overall say?

[thebaneofbanks]

My understanding is that for an IVA to be successful you have to get acceptance of the proposal by 75% of the votes by value of the debt. In other words if all the creditors vote at least 75% by value of the debt has to say yes. If any creditors do not vote they are bound by the terms of the vote and have to accept what has been agreed.

 

As an example say you owe 20k to 5 creditors. You owe one of them 10k 3 more 3k and the last one 1k. If the four small creditors vote yes and the larger creditor does not vote then the IVA is accepted and the largest creditor has to accept it. Equally if they all voted and the largest creditor declined the IVA then the IVA would fail. Hope this makes sense to you.

[s8n]

I think so,

My Debter percentages are:

Creditor 1: 14% - Creditor 2: 16% - Creditor 3: 8%

Creditor 4: 7% - Creditor 5: 14% - Creditor 6: 1%

Creditor 7: 2% - Creditor 8: 31% - Creditor 9: 8%

 

Creditor 8 Being my friend with 31% share and Creditor 5 with 14% having agreed a lump sum payment.

Is this likely to go ahead?

What if creditor 5 got paid off individually with there share (or a bit lower, which they have agreed to). Would that swing things the other way?

[thebaneofbanks]

I think so,

My Debter percentages are:

Creditor 1: 14% - Creditor 2: 16% - Creditor 3: 8%

Creditor 4: 7% - Creditor 5: 14% - Creditor 6: 1%

Creditor 7: 2% - Creditor 8: 31% - Creditor 9: 8%

 

Creditor 8 Being my friend with 31% share and Creditor 5 with 14% having agreed a lump sum payment.

Is this likely to go ahead?

What if creditor 5 got paid off individually with there share (or a bit lower, which they have agreed to). Would that swing things the other way?

 

Probably not especially if they got more than the other creditors would get. The other creditors would in all probability vote against the proposal as you have given another creditor more favourable terms. Essentially all creditors should be treated equally. Have you told CCCS that you have a lump sum? If so is the lump sum big enough to do a settlement with all creditors via an IVA. This would only work though if you essentially had little disposable income left after the payments of your normal essential living costs. You need to speak to CCCS or an IP urgently to get this moving ASAP.

[s8n]

Sorry i meant, Creditor 5 has accepted a lower offer than the 14% they would get.

They where originally owed about £5500 So they should get about £1400 at 14%, but they have accepted £1100.

 

Originally i had been offered £10k as a lump some for full and finals on all.

However the person that offered me this money cannot now afford the full the full 10k. So has asked me to reduce it as low as possible.

 

Do you know what the lowest limit creditors usually settle at is?

[thebaneofbanks]

 

Do you know what the lowest limit creditors usually settle at is?

 

As much as they can realistically get. If as you say you are in the process of sorting out an IVA with CCCS you need to speak to them as a matter of urgency tomorrow morning so as they can get things moving. If you have been offered a lump sum is it a gift or would they want the money back at some point? If they want the money back it is a debt so you couldn't realistically use it to fund an IVA. Speak to CCCS tell them everything including the legal action that is happening and tell them to get a move on, as I say they should be able to get an interim order stopping all legal action while the IVA is finalised.