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Mbna - Restons - Court

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  • Mbna - Restons - Court

    Hi Everyone,

    I am new to this site but I'm sure you'll hear a lot from me...good or bad!
    Brief insite into this particular problem. Self employed until Sept 09. Business folded c/c's ( 4 in total ) used for the business although I realise it's a personal debt. I phoned MBNA and wrote to them informing them of problems but was told that they couldn't do anything until I actually was up the creak!.
    Well the inevitable happened I was advised to go into a debt management plan in Jan 2010. All creditors accepted and stopped interest and charges. MBNA contacted me several times outside of the plan to see if I could borrow some money to pay the debts ( I have 2 with MBNA, both where in the DMP but this particular one decided to jump out of the plan and take me to court via Restons) I couldn't borrow any money even though the figure mentioned was very generous, about 20% of total owed. Once I said I couldn't meet there request that's when Restons got involved. Speaking to Restons they want the earth and don't seem willing or want to listen to whats been happening. I have filed a defence but want to know if there is anything that can be done to stop this process or hold it up / delay things? We did speak with them last week and now they want 40% of this one specific debt to stop the action. I am still paying MBNA on both these accounts monthly payments via my DMP. I might be able to scratch about 20% together but I have another creditor that has also gone outside of the plan and they too are now taking me through the court process. Again I have filed a defence and am just waiting fot the court date. So out of my 6 creditors originally in the DMP I now only have 4.
    Any ideas would be greatly appreciated as time is of the essence.
    Cheers.
    Tags: None

  • #2
    Re: Mbna - Restons - Court

    Restons will take it to court and obtain an installment order at the same rate you are paying under your DMp, and they will ask for a charging order. You want to get an installment order straight off with no permisson for a charging order unless you miss payments.

    It is against guidelines for creditors to encourage you to borrow money to repay their debt so if you can;'t sort out a full and final settlement before they go to court I would bring that up in your court documents.

    Keep up the payments too under the DMP, makes it much easier to get an installment order from the court.

    Who are the other company, what was your defence ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: Mbna - Restons - Court

      Hi,

      OK, so go for an installment order at same level as current DMP. I have never missed a payment into my DMP.

      Even their solicitor asked last week if I could borrow some money, approx 40% of the debt to pay it off!

      I assume this was their attempt at a full and final. Regarding bringing it up in the court docs, do I just bring this info with me when I attend court. If I was supposed ot present 7 days before then I have missed it by 1 day. If this is the case what do I do now?

      This is all very new to me, never happened before and it's all very daunting.

      Comment


      • #4
        Re: Mbna - Restons - Court

        What was the defence you entered?

        When is the hearing ?

        I have never missed a payment into my DMP.



        Excellent

        Who is you DMP with ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Mbna - Restons - Court

          Defence entered was along the lines of having financial problems, business failed, was self employed. Entered into DMP and have not missed a payment. All creditors agreed to plan so why the change of heart...so to speak.

          Hearing middle of next week. I bit of a pain really as in my new job I have a major meeting that day and have now had to explian to my boss why it might be a problem for me. Didn't go down very well. Is it too late to try and reschedule?

          Comment


          • #6
            Re: Mbna - Restons - Court

            Hi there, so what happened? I'm off to Court tomorrow with MBNA/Restons!
            florian1

            Comment

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