MBNA/Restons

[florian1]

Hi there, help needed please! The title above probably says it all.
I went into a DMP managed by Payplan almost 6 months ago and all of my creditors accepted the monthly payment amount as offered by Payplan - except of course MBNA/Restons and it seems I am not alone with this. I received a letter from Restons saying they were going to Northampton Court. I received judgement that all monies were now due by November 6 and so filed an application for a Redetermination Hearing and received notification of a December 16 date in my local court.
I contacted Payplan imeediately but they have just said that the Judge already has all the information regarding my case and just to take explanations of any unusually large bills in case the Judge enquires.
There must be something more I can do to prepare myself better for the 5 minutes or so of the Hearing?
I simply cannot afford to make a payment of £16000 to MBNA at all and in any case it would surely prejudice my other cerditors. I need and hope that the Judge will order that MBNA/Restons receive the monthly amount as determined by Payplan which has continued to be paid since July.
Can I get support on how to resolve this, I am getting very concerned now after having thought several months ago that all ahd been resolved.

[Amethyst]

Re: MBNA/Restons

You need a copy of your income and expenditure sheet and a list of your pro rata payments to creditors through payplan - they should give these to you if you dont already have them.

Then write a witness statement outlining your personal circumstances and making your offer (same info from your application) - did you complete the N244 application for redetermination or did payplan do it for you ? Did they give you a copy ?

Do you own your own home ? Restons really like getting charging orders off the back of judgments and allow installments to be paid whilst holding the security on your home. It isnt a massive issue but you must make sure the installments you offer are affordable on a long term basis.

[florian1]

Re: MBNA/Restons

Hi there, thanks for such a quick response. No, Payplan have all my details regarding income, I just sigend a form for the Redterminaiton Hearing. I do own my home with my wife and do have equity in it.
florian1
------------------------------- merged -------------------------------
Hi there, thanks for such a quick response. No, Payplan have all my details regarding income, I just signed a form for the Redtermination Hearing. I do own my home with my wife and do have equity in it.
florian1

[florian1]

Re: MBNA/Restons

Can anyone help me with what I need to bring to a Redetermination Hearing? MBNA/Restons have a Northampton Court judgement against me for £16000 and I'm in a Payplan DMP.

[Amethyst]

Re: MBNA/Restons

Ah hi florian, just replied on your other post but will paste here, didnt realise you had already posted.

Have you a copy of your redetermination application and payplan IE sheet ?

You will probably get a charging order over your home as security for the debt, but it won't go any further than that if you keep up installments at a rate you can afford (which will show on your IE sheet)

You should do a brief Witness Statement but you are a little late now. GO TO THE HEARING though, as you can answer any questions the judge may have, and make sure your circumstances are taken into account. If payplan have done their job properly you should already have an IE sheet, offer and explanation of circumstances in with the court - so should just be a five minute, informal, hearing, judge will likely order payments at the proposed installment rate (the pro rata one from your payplan IE sheet) and permission to apply for a charging order to the claimant (most likely). If you come out with that you can be happy

[florian1]

Re: MBNA/Restons

Hi there, just having problems replying.

[florian1]

Re: MBNA/Restons

Hi again, thanks for your reply. I'm still having problems navigating my way around the site trying to find my posts and any responses as I'm new]to forums. Any chance of there being a direct link to your log in that automatically shows a mailbox with any responses?[]

I will go to the hearing, I've checked out where to go etc. I have details from Payplan now. The brief witness statement, is that just a narrative of[how affected I am, how I've chosen to attempt to pay it all back rather than seek an IVA - eligible for one BTW! - how MBNA/Restons are the only creditor that have not just accepted my payment plan - how I pay almost one third of my income after tax to the plan – so I’m not offering MBNA/Restons just £2 a month but £79?

Should I mention the recent MBNA OFT ruling against them in relation to the debt recovery antics? Incidentally, when out of the blue I received the letter from Reston’s I did call them and the representative that signed the letter told me that they always go to court regardless...
'I guess I can bring the witness statement to court with me and show the Judge or do I need to get it there today for example?

What's bestVery many thanks, florianI

[Amethyst]

Re: MBNA/Restons

Spot on! and yes, slip in about the OFT Action, all grist to the mill xxx

Okay admin wise

when you log on you get this top left;

Good Morning, Amethyst.
You last visited: Today at 01:06:AM

If you click on your name there, it takes you to a new page where you'll see

Amethyst Wolf

Our reasons are lost in our eyes.... Edit Site Admin

Find all posts by Amethyst Last Activity: Today 11:01:AM
Current Activity: Modifying Post MBNA/Restons




with your name on of course - click on the FIND ALL POST BY FLORIAN and it will show you them all in a list - easiest way to find your last posts.



I have to pop out now, but if you want to have a go at the witness statement, I'll give you a hand when I get back in after lunch x

Example of WS - (just one we worked on elsewhere to get you started)

case/claim No: [claim number]

DATE

In the XXXXXXXX County Court


NATWEST BANK PLC
CLAIMANT


-AND-

ROBERT XXXXXXX
DEFENDANT



First WITNESS STATEMENT

OF ROBERT XXXXXXX

I, [XXXX name] of [insert home address] will say as follows:-

1.I am the Defendant in this case.

2. I make this Witness Statement from information and facts within my own knowledge and
which I believe to be true.

3. On 12th August 2010 the Claimant entered a claim against the Defendant through
Moneyclaimonline at the Northampton Bulk Processing Centre.

4: On XX DATE XX the Defendant entered a defence to the claim asking for more information from the Claimant.

5: On XX DATE XX the Defendant reveived an order from District Judge XXXX at XXXX Court stating that XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

6: On XX DATE XX the Claimant sent a letter giving further information to the Defendant

7: On XX DATE XX the Defendant entered into a Debt Management Plan with PAYPLAN and on XX DATE XX the first payment was made to the Claimant in respect of this debt. The current schedule of payments is attached (or whatever payplan send you like monthly statement etc to prove you are on a DMP)

8: Payments have been made to the Defendant as follows;

DATE AMOUNT
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX

9: Payments will continue as above until XX/XX/XXXX when the Defendant will undertake a review of his Debt Management Plan with PAYPLAN as his essential expenditure is expected to increase and his household income decrease due to the expected birth of a second child on or around XX/XX/XXXX.

10. It is expected that payments will return to £XXX at that time and will continue at that rate for a period of 6 months, when a further review will be undertaken.

11. The Defendant is committed to fulfilling his debt obligations to the Claimant and his other Creditors and is doing everything in his power to keep on top of the situation.

12.

12. A full current financial breakdown is attached to this statement (exhibit C)

Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials] comprising of xx pages.

Dated this xxxx day of xxxxxxx 2009
Signed [type name]
__________________

[florian1]

Re: MBNA/Restons

Hi again, thanks for the attached. I'm working through it now.
I didn't realise it would be so formal, I thought I was just going to write a letter. OK, I'm not exactly sure on all the dates but I do have a copy of the redetermination hearing details that shows the claim number etc. I don't know who the judge was in Northampton or anything like that, can't seem to find the exact date of the original determination either.
Also, not sure where to insert any comments about MBNA/Restons and their vigour in pursuing to the disregard of all other creditors and the OFT ruling.

Thanks so much again, florian1

[Amethyst]

Re: MBNA/Restons

It's useful if your mind just goes blank, you can just give it to the judge and the opposition if they bother showing up. Its an idea to get it in a while before the hearing if poss - it's meant to be in at least 3 days before. but you're a LIP and trying your best so even if not taken to the judge you will have it to refer to. If not sure of dates, just put '' on or around DATE''

You don't need to be too formal, just put the things you want to say down, basically, have a go, post it up (without claim number/name/address etc), and I'll look it over and we can get it done and dusted tonight so tmw you will be a calm breeze

[florian1]

Re: MBNA/Restons

Hi again, well I've devised some sort of a Witness Statement and just made it to the court to be logged in and brought to the judge's attention tomorrow. I'd like to upload it to you, can that be done privately?
Thanks, florian1

[florian1]

Re: MBNA/Restons

Hi Amethyst, Just wondering if you are about?
Thanks, florian1

[Amethyst]

Re: MBNA/Restons

Hiya, sorry wenttoTescos,and took a tad longer than expected !

Paste into a private message (click on my name in the post and select send private message) for me, is probably easiest - otherwise feel free to email me - amethyst1664@hotmail.co.uk (better than the admin@legalbeagles.info email as that gets full of nigerian scammers messages at the mo lol)