Restons sent me a blue court letter for Arrow about MBNA

[charitynjw]

Re: Restons sent me a blue court letter for Arrow about MBNA

Btw, the clock is ticking on your defense statement.

You acknowledged on the 6th September or thereabouts; you need to file a more detailed defense in a timely fashion.

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

dont think i am going to get away with this one, i am travelling in a few hours time and wont be back for a few days.

What would out come be if i called Restons and said look, ill pay £20 a month and no more.

[charitynjw]

Re: Restons sent me a blue court letter for Arrow about MBNA

Restons could potentially apply for a default judgement, as you will not have adequately responded in time to the court.
However, if you want to make the offer, & Reston's accept, the court can be informed that the case has been settled.

[littlebert8]

Re: Restons sent me a blue court letter for Arrow about MBNA

If you don't file a defence, they will be able to enter judgement in default, so there's little incentive for them to settle - especially if you can't pay a lump sum. They would want to obtain the judgement before agreeing a repayment plan - so they can go straight to enforcement if you fail to keep to the arrangement.

I know "embarrassed" defences can get struck out, but it might buy you enough time to negotiate a settlement by consent/Tomlin order for a payment plan. Not ideal, but better than judgement in default IMHO.

You definitely need legal advice here because, if you don't act, you are going to get a CCJ.

[charitynjw]

Re: Restons sent me a blue court letter for Arrow about MBNA

& any amount over £750 is dangerous territory.

https://www.gov.uk/bankruptcy/overview

[MIKE770]

Re: Restons sent me a blue court letter for Arrow about MBNA

& any amount over £750 is dangerous territory.

https://www.gov.uk/bankruptcy/overview

Extended to £1,000 this year?????

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

ok, think ill give restons a call and make an offer of monthly payment. i dont want this going to court or CCJ as i have worked bloody hard in getting a decent credit rating again.

Can i still demand the original contract and terms and conditions to see if there was PPI missold so i can claim something back ?

[Celestine]

Re: Restons sent me a blue court letter for Arrow about MBNA

Can you just hold fire till I get a chance to look at this moire closely over the week end. A decent defence, given the circumstances would be straightforward here.

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

ah...might be too late... i had a chat with this Miss Cook ( who seemed a lovely girl and quite chatting ) i have already proposed £30 a month payment, and she is now drawing up and plan and is getting in touch with the court so say its " settled" so i dont have to worry about the blue court papers.

Apologies if i was too hasty here, but when i was communicating with the Lady at the court via email, she says the defence needed to be done by the 18th

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

Hi Celestine,
Hope you had a good weekend.
Is there anything i can still do, or is it all too late now.
Restons says they are going to send me out some paperwork for monthly payment and if i default on this they have the power to go file directly for a Judgement !!??

[MIKE770]

Re: Restons sent me a blue court letter for Arrow about MBNA

Hi Celestine,
Hope you had a good weekend.
Is there anything i can still do, or is it all too late now.
Restons says they are going to send me out some paperwork for monthly payment and if i default on this they have the power to go file directly for a Judgement !!??

They have the power? they can start proceedings then of course you have the right to reply and if necessary to challenge thru the county court system., they can only issue a N1 to start court proceedings, in that case you respond and they then cannot get a CCJ by default, these companies need a boot up the ass as they are getting complacent.

another breaking guidelines - still guidlines are only just that guidlines from FSA etc.

[littlebert8]

Re: Restons sent me a blue court letter for Arrow about MBNA

They have the power? they can start proceedings then of course you have the right to reply and if necessary to challenge thru the county court system., they can only issue a N1 to start court proceedings, in that case you respond and they then cannot get a CCJ by default, these companies need a boot up the ass as they are getting complacent.

another breaking guidelines - still guidlines are only just that guidlines from FSA etc.

This is a live claim! The defendant has only a few days left to file a defence, but has agreed a settlement (instalments) with Restons on the phone. In effect, I think they could still apply for judgement in default before the end of the week unless the OP files a defence. Hence my concern that the settlement does indeed mean the claimant will refrain from entering judgement.

[MIKE770]

Re: Restons sent me a blue court letter for Arrow about MBNA

get onto Cel straight away?

[littlebert8]

Re: Restons sent me a blue court letter for Arrow about MBNA

Hi Celestine,
Hope you had a good weekend.
Is there anything i can still do, or is it all too late now.
Restons says they are going to send me out some paperwork for monthly payment and if i default on this they have the power to go file directly for a Judgement !!??

This sounds like Restons have drafted a "Tomlin order". This is a formal agreement between the parties that the case be stayed except for enforcing the terms of the agreement. You'll probably have to admit the claim and agree to pay whatever instalments you have negotiated, If you break the agreement, they can apply to the court to enter judgement against you and potentially start enforcement action.

At the very least, you should post the terms of the Tomlin order here for advice before signing.

But as mentioned before - they can apply for judgement in default in two days time. Are you sure they wont just do this anyway?

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

Ahhh Tomlin, yes she did mention that word.