county court notice - Restons/mbna v me - help !

[potless1]

hi, just a brief description of my problem, i was made redundant nearly a year ago, first time i've ever been out of work in 36 yrs & getting a job now is grim ! anyway i have a mbna credit card with £11,000+ outstanding which i cannot make the payments on, i originally called mbna who offered me a settlement figure of £4000 which was great but i did not have the 4k. I then sent them a recorded letter requesting the CCA which they ignored, i then sent them a 2nd recorded letter once the 21 days was up making another request & gave them 14 days to comply, on the 14th day i recieved a letter from Reston's asking for the money, i replied to Reston's explaining that the account was in default as mbna had not made my request of the CCA, they then came back to me & said mbna had no record of any request & could i send them proof which i did, Reston's then came back with a unreadable copy of the CCA but you could see it was my signed copy which had been shrunk too small to read. I then wrote to Reston's again asking for a readable CCA & not one that has been shrunk so that i can't read it & today i recieved a count court notice (Northampton) & i have to reply within 14 days which i know if i go onto the courts site i can get 28 days, but what i need advice on is do i fill in the court forms in with my expenditure details, bank situation details & all else they ask me. And do i contest what Reston's & mbna are asking for even though i do owe the monies & what about the CCA which i still have not got one i can read ?

This is the unreadable CCA i was sent:



& these are the notice papers i have to fill in or not:
















please can someone give me some good advice on what i should do next as im not clued up about these type of problems at all.
What is the best & worst i can hope for ?

Thanks....

[enaid]

Re: county court notice - Restons/mbna v me - help !

Hello potless and a warm welcome to Beagles,
Someone will be along soon to help you sort out what to do about court papers.
Do you have any charges on this CC?

Also if you have any other debts or are falling behind with anything please let us know, we are not being nosy but there are other debts that are priority even though you think this is your main worry at the mo.
Enaid x

[potless1]

Re: county court notice - Restons/mbna v me - help !

Hi Enaid, i have 2 more credit cards, citi & barclays who have both put me on a payment play of £14 & £17 a month, i have a mortgage which i am getting help with payment as that is my priority & i also have a loan with lloyds which is the biggest payment i make of £690 a month which i am also getting help with & i am 18 months from completing these loan payments.
The only charges on the C.C are whats built up & what they have added on due to me not making any payments, i try not to look at my mbna statements as they depress me too much !

This is all new to me so excuse my ignorance. I have tried to keep up payments on what i think is more important & unfortunately the mbna amount of £11,000+ because of the size of the debt is least important as it would take up a huge amount of my finances & my main bills would suffer.

[enaid]

Re: county court notice - Restons/mbna v me - help !

I meant late payment and Over Limit charges, they would appear as £12 on your statements.
I would also ask did you not have any PPI on any of your cards and if you did, did you try to claim on it?

[Paule]

Re: county court notice - Restons/mbna v me - help !

I have sorted all your images out in the first post.

PKea

[potless1]

Re: county court notice - Restons/mbna v me - help !

thanks Pkea, right i am being charged £12 for late payment & also interest, what do i do with the above forms & do i contest it & what can & can't happen to me, the best & worst !!

cheers all !

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

OK, now that they have filed court action the game changes.
While you may indeed owe a debt, until they prove it there is nothing to answer.

Right then, what's the date of this N1 as you have 14 days from service to file your acknowledgement of claim. This then allows you a further 14 days to file your defence..

[Amethyst]

Re: county court notice - Restons/mbna v me - help !

how much is the total claim for ?

unusually Restons don't appear from the Particulars of claim to have added a collection charge (which on 11k would be about £2k).

The Particulars are standardly lacking in information, but the CCA seems to have all the terms in it - there is i think seperate T&Cs also with these agreements giving more information but i think all the terms are in there. but i'm not an expert in these things by any means.

Worst can happen, with responding with admission/defence on charges and offer to pay, is a charging order and installment plan based on your Income/Expenditure sheet. Very worst is a forthwith order, but you can go back for redetermination to installments if that happens. Basically Restons like to get an unsecured debt secured on a property with a second/third charge. If you then default on the CCJ installment payments they would have the option of going for a sale order.

With your IE payment plan the £690 to lloyds a month could cause an issue as its favouring one creditor over another - is this Lloyds one a secured loan?

Best can happen is the agreements unenforceable and the court throws the claim out, but I think this is unlikely.

If you want to do an IE sheet to see what your proportional payments would be theres one on here in excel/open office Legal Beagles

[WendyB]

Re: county court notice - Restons/mbna v me - help !

as Enaid has asked, do you have PPI (payment protection insurance) on your credit cards?

[potless1]

Re: county court notice - Restons/mbna v me - help !

hi all, no ppi on any of my cards.

The issue date on the claim form is June 3rd

The total they are claiming is £11071.96 + interest pursuant to s69 county courts act 19 at the rate of £242.67 a day to the date of judgement.
+ court fee £190.00
+ solicitor's fee £100

& now you are saying if i don't keep up my CCJ installments they could make me sell my house & on £60 a week job seekers allowance this seems highly likely !

AS ANYONE GOT A JOB FOR ME
------------------------------- merged -------------------------------
Just started to fill out the online forms, what should i do...?

I intend to defend all of this claim defend part of this claim
Tick when appropriate I intend to contest jurisdiction ????????????????????????????????????????????????????????????????????????????????

[Amethyst]

Re: county court notice - Restons/mbna v me - help !

yes

AS ANYONE GOT A JOB FOR ME

yes indeedy, go fill in the IE sheet and include all your debts and email it to me or attach it to this thread.

No rush to complete the acknowledgement - the issue of the claim was only what the 3rd june so you have till the 17th

[potless1]

Re: county court notice - Restons/mbna v me - help !

Hi Amethyst, right just one question,
which box do i tick to start ?

I intend to:
defend all of this claim ?
defend part of this claim ?

Tick when appropriate
I intend to contest jurisdiction ?

[Amethyst]

Re: county court notice - Restons/mbna v me - help !

ahhhh right well you don't Need to do the acknowlegdement yet, if you want to get it out the way then do intend to defend all - no you arent contesting jurisdiction.

don't complete the admission or offer to pay on the court papers yet that will wait until you have sorted the facts and your defence etc.

You can do the acknowledgement online Welcome - HMCS Money Claim Online - the N1 form has the passcode on the front.


IE sheet you need to complete for starters is the one on here, not the court one - Legal Beagles

[potless1]

Re: county court notice - Restons/mbna v me - help !

ok, the acknowledgement is done !

what next ? what about the CCA which i never recieved from MBNA & which Reston's gave me a shrunken unreadable copy although it did have my signature on, or am i just clutching at straws ?

[WendyB]

Re: county court notice - Restons/mbna v me - help !

No, you aren't clutching at straws. There is plenty of time to work on a defence. Complete the IE form as Ame has suggested and we can take it from there.