Old MBNA DEbt - claim form received - total novice help!!

[jlloyd]

Help..

. I dont know where to begin....

 

My husband had a MBNA credit card that he fell into arrears in the recession..

.. it has been sold on and sold on and now Britannica have it and they are in the process of ? charging order...

 

they have done the first step and now are going for the next level...

 

. we just dont know where we stand

what are our options

 

can anyone shed some light on this for us???

 

my husband is trying to work a deal of repayment..

 

.. we need to keep our home can they force us to sell???

 

we just dont understand all of this..

 

. I am sure this needs to be posted elsewhere but I just dont know where!!!!

 

Thank you!!!!!

[dx100uk]

so you have received a claim court form?

 

type up the PoC.

 

dx

[crazy brit]

i have received a claim form

 

i replied to it and a jugement was passed and they disregarded my offer

 

i went to court today and it was ajorned

 

i have since called and made an arrangement to pay £50 pm

 

can they force a sale of the house ,

 

how do i draft a letter to the court and what should i say in it

Edited August 19, 2013 by crazy brit

[dx100uk]

what was adjourned today

what was the hearing for a charging order?

 

get an sar off to MBNA by recorded delivery tomorrow

unless you have ALL the statements.

prob lots of PENALTY charges &/or PPI awaiting a reclaim.

[crazy brit]

yes it was a hearing for a charging order

[Ganymede]

Why was the FCO hearing adjourned?

 

I'm assuming that you admitted to the debt on the Court forms hence the CCJ?

 

Also, whilst technically yes the Claimant can try and force the sale of your house in reality this is extremely rare and not cheap/easy for them.

 

Is the debt just in your husband's name and is your house registered in both your names on the title deeds?

[jlloyd]

Hi Crazy Brit is my husband

... the house is registered in just his name.

 

.. the reason I am doing this is information gathering for us and I have the time while he is working.

.. financially things have been really bad and we are just now bringing in some money to clear these up

and Cag has helped us before tremendously so I am back for some guidance..

 

. thank you for your quick respnses to me!

 

 

I am sorry I dont understand what all the terms mean... FCO????

 

the hearing was adjourned because there needs to be 21 days?

 

waiting period for the creditors to respond???

 

and only 14 had elapsed so the judge adjourned for another 28 days.

 

. I am hoping that makes sense to you!

[Ganymede]

Thanks for your reply.

 

FCO means Final Charging Order which was the hearing that recently got adjourned.

 

As the debt and house are in just your husband's name then the FCO will be registered against the house as an 'Equitable Charge' which us essentially like a secured loan or second mortgage etc which will need to be paid off when you sell the house otherwise the sale won't go through.

 

Who lives in the house? Are there any children there?

[jlloyd]

ohhh ok... makes sense... yes there is a 15 yr old.... well he is still a child right????

[Ganymede]

Yeah until he turns 18 and goes to university etc.

 

Having children living there would form part of your Defence to any attempt to force the sale of your house in the future.

 

Could you just clarify please what is the date of the original CCJ and did you admit to it on the Court forms?

 

Also is there equity in the house? If not this would also be a part of your Defence.

[jlloyd]

ok.

.. I believe that the original date was 3rd of May..

. and yes I believe he did because he made an offer to pay and there was no response

... if there is any equity it is very little,..

 

.. our mortgage is in arrears..

that is being taken care of hence my prior help from CAG!! .

 

.. we really want to be prepared the next time we go in front of the judge..

. yesterday was a waste of time..

. but.

.. we sat in the waiting room before going in to see the judge and the solicitor from Earlswood.

.. the firm used by Britannica..

 

. sat next to another solicitor friend not related to our case

... and was showing him my husbands paperwork.

.. isnt this a breach of confidentiality???

if so who can we complain to???

because my husband had to take the day off for a wasted trip the judge told him to get a statemen

t showing how much he lost and it would be reimbursed

 

.. now I dont know if its just taken from the balance or what..

. we will see...

we just want to have all the right paperwork in hand for a proper defence!

[Old Cogger]

Ask the judge to sanction the solicitor regarding divulging evidence? sure Andy will advise

[Ganymede]

Your husband's costs of the day should be asked for separately, not to come off the balance of the debt.

[Ganymede]

Ask the judge to sanction the solicitor regarding divulging evidence?

 

 

What now?

[Old Cogger]

Ask the judge to sanction the solicitor regarding divulging evidence? sure Andy will advise

 

They going back into court are they not as they mention a Defence?

[Ganymede]

They going back into court are they not as they mention a Defence?

 

 

 

There is a further hearing to make the ICO final. The OP can try to argue against this but in my experience the Defendant fails 95% of the time.

[jlloyd]

yes we are going back... and we did bring this matter to the judgese attention and he said it wasnt his place to deal with a matter like that??? sounded off to me....

[jlloyd]

so what you are saying is we have a snowballs chance in hell!!! \lol

[Ganymede]

we did bring this matter to the judgese attention and he said it wasnt his place to deal with a matter like that??? sounded off to me....

 

The judge was correct.

[Ganymede]

so what you are saying is we have a snowballs chance in hell!!! \lol

 

 

 

Personally I don't think you have a snowballs chance in hell of stopping the FCO lol. But doesn't mean you shouldn't try!

 

Argue, amongst other things, that you have no equity, a child and it would be unfair to your other creditors etc.

 

If you fail in that ask for instalments to pay the debt be written into the FCO and that no further enforcement should take place whilst these payments are maintained.

[jlloyd]

well yes the judge is always right! but its not proper for a solicitor to be doing that is it???? just wondering... when you said the defendant fails... does that mean we have no chance of keeping our home??? or just stick to the agreed repayment plan.... we do have that and we were advised to let the court know we have entered into a plan ... is that right???

[jlloyd]

Personally I don't think you have a snowballs chance in hell of stopping the FCO lol. But doesn't mean you shouldn't try!

 

Argue, amongst other things, that you have no equity, a child and it would be unfair to your other creditors etc.

 

If you fail in that ask for instalments to pay the debt be written into the FCO and that no further enforcement should take place whilst these payments are maintained.

 

Just saw your response!!! thanks! they crossed in the mail

[Ganymede]

Just saw your response!!! thanks! they crossed in the mail

 

 

 

Good luck.

[jlloyd]

Thanks! they may get the FCO but what are the odds of them doing a forced sale... while we are continued with the repayment plan as set up??? sorry guess I just need some reassurance!!!

[Ganymede]

Thanks! they may get the FCO but what are the odds of them doing a forced sale... while we are continued with the repayment plan as set up??? sorry guess I just need some reassurance!!!

 

 

 

If you ask the judge and get it written into the Order that they cannot take any further enforcement whilst you maintain payments of X amount it will be impossible for a forced sale (unless you miss payments).

 

If you don't do this there is a chance, albeit extremely small, that the Claimant may try for an Order for Sale of your home. However, this very rarely happens and if it does you can defend it.