Link Financial CCJ old MBNA card debt- now wanting "account review" after 11 years

[MisterHobbes]

Hello, I've been paying off a CCJ which was some £8k (debt plus charges) since 2012, at £30 a month which was the amount agreed by the court. Debt is now down to £3k. (*amounts deliberately inaccurate to avoid identification, nowt wrong with my arithmetic) They have written to ask for a review and for me to complete a long income and expenditure form, which I'm not about to do.

I'm even less well off than I was in 2011, on universal credit and 66 years old, so I'd like to get the payments reduced downward. Increasing them certainly isn't an option. I offered them (by phone) £500 to pay it off last year, as I had a small lump sum available but they didn't come back to me.

I would just like some advice on dealing with them, please?

Is speaking to them on the phone dangerous?

Would there be any benefit in appealing to the court for variation, given the length of time that has elapsed.

Thank you very much.

 

[BankFodder]

There is no downside to speaking to them on the telephone.
However you should make it clear to them that as far as you are concerned they are bound by the terms of judgement.

I'm not sure how the process works but I can imagine that if you went to court to vary the judgement then it is possible that it could go up as well as down.
I expect that somebody with a better understanding of it all will join in this discussion before too long

[dx100uk]

what was the debt please?

dx

 

[Andyorch]

Subject to the judgment terms of payment set at the time...the claimant would have to make application with fee to amend the set amount.

Very unlikely to happen and you are not legally required to complete a review unless it was a term of a Consent/Tomlin order which I doubt it would be ?

You as the defendant can make application using form N245 (if not already used at the time of judgment) to reduce the monthly payment. I would imagine the claimant would try to oppose the application...but the court would have final say subject to you application with I&E and proposed offer of payment.

So ignore their letter completely but do consider if you wish to make your own application.

Andy

[MisterHobbes]

Thanks for advice. @dx100uk, it was credit card debt plus charges from an MBNA card.

I just wanted to confirm really, they can't force me into filling in their form, I don't think they can ask for proof of income (although I'm happy to show UC statement, I don't think they have authority).

And we can just continue as before. I saw another post where they'd refused a full and final payment, I may mention it but at this stage I'm not sure it would benefit me that much. 

 

 

[dx100uk]

correct

correct.

and

correct.

 

go swivel link you fleecers.

 

dx

 

 

 

[London1971]

When I was paying off my CCJ's they used to send me an income and expenses review every year, to see if it was still affordable for me. I used to fill it in and the payment never changed.