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Received a Claim Form - what to do?

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  • Received a Claim Form - what to do?

    Hi guys,

    First post and to be honest I'm bricking it!

    Yesterday I received what appears to be a notice from Northampton county court that a £6600 MBNA debt has been sold to Arrow Global Guernsey Ltd and that Drydens Fairfax Solicitors have applied for a CCJ.
    First a bit of background.

    I divorced in 2005. As I was a bit of a plonker all of the debts from the marrage were in my name. These came to around £45k. My ex really knew how to spend and I was too much of a wuss to say no! As I was on a good wage I agreed to keep the debts for the benefit of my kids, who were resident with my ex. I maintained the minimum payments until 2009 when my contract was not renewed (no redundancy). After a couple of months on the dole I got a new job on a much lower wage.

    Unfortunately I was not able to keep up the payments on my debts. I have £25k loan secured on my house, which I am paying £350 a month for. I have been forced to default on the remaining £20k. I informed my creditors of my position and cooperated as best I could. I offered to make token payments, which was refused by MBNA.

    Fast forward to today.

    As far as I know I have not received any letters from Drydens Fairfax regarding this. To be honest I may have done but after so many letters and with debts being sold on they tend to become a blur! I am a single father, as I have my two daughters (17 & 15 yrs), I have a reasonably well paid job but a big mortgage, secured loan, very high utility bills (old drafty house with minimal insulation) and have a daily 80 mile round trip for work. Simply put, I cannot afford to make any substantial payments and I'm worried about what the court may impose.
    I'm doing the usual Internet trawl for advice and information and hopefully will get in to Swansea or Port Talbot CAB next week. Any suggestions on what else I should do and what I can expect?

    Thanks in advance.

    NovemberMike.
    Last edited by NovemberMike; 26th October 2012, 09:44:AM.
    Tags: None

  • #2
    Re: Received a Claim Form - what to do?

    Did you receive a Default Notice and/or termination notice from MBNA prior to them selling the debt? If so what date was the DN what date was it received and what was the pay before date given in the DN, also did it ask just for payment of arrears or for the full outstanding balance - Its info needed to determine if the DN was valid or not.

    If you haven't received a DN from MBNA then that's one thing we can use as part of your defense.

    For now though you need to acknowledge the claim and send a CPR31.14 request to the claimants solicitors - Then once you receive a response we can start helping you with your defense.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    Comment


    • #3
      Re: Received a Claim Form - what to do?

      http://www.legalbeagles.info/forums/...ow-Global-MBNA

      have a nose at this thread just started

      its MBNA and arrow as well

      Comment


      • #4
        Re: Received a Claim Form - what to do?

        Is there any equity in your house (value of house minus amount of mortgage and amount of any secured loans)?

        Comment


        • #5
          Re: Received a Claim Form - what to do?

          Hi NovemberMike

          If this debt is enforced via a CCJ, you will need to submit a income/expenditure form to the Court to set repayments at a reasonable level.

          Challenge and resist every stage of this by the advice recommended so far.

          Best of luck
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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