MBNA - LINK Financial & Judgement

[highwaytohell]

Hi All,
New to the forum and am desperatley hoping I can beg some advice.

Short version of the story is:

MBNA Sold my credit card debt to Link. Link did their usual and add a massive amount of interest to it.

In October I got notification from the Northampton Bulk Centre of the application by Link.

I immediately responded to it stating I would defend it and consequently submitted 31.14 and Part 18.

Link dragged their heals, gave me the usual about was'nt entitled to certain items, etc etc.

Spoke with Link and agreed a 28 day extension.

Eventually statements and a copy of my agreement and T&C's turned up (T&C's not a copy of original)

During all this time I am working away, 18hr days, and yes I probably took my eye off the ball a bit and got confused on my timeline.

So, Monday gone received notification from Northampton to say the matter had been transferred to Cardiff County Court.

Tuesday got a notification from Cardiff County Court that judgement had been awarded to Link so pay up.

This alone put me in a massive depression and I do accept some blame in that I was not totally on the ball.

Link added a load of interest BEFORE any judgement was made which hiked the debt up by another £2000.

So now I need to get help on my options. Can I apply to "Set Aside" on the grounds that I had always intended to defend this but due to my work commitments had been unable to keep track of this action.

desperate for advice, this makes me feel like my whole world has just collapsed around me, also could be very detrimental to my job.......so much so that I could lose it.

Any advice would be most helpful.


HTH

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Update as of 15.12.2011 - Addition of relevant documents
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[Celestine]

Re: MBNA - LINK Financial & Judgement

Absolutely apply for a set aside giving clear reasons why you got muddled with the timescale.

Post up your application here if you want us to help you word it.

Best of luck.

By the way, the banks and DCA's often apply for set asides for the flimsiest of reasons and get them......so give it a shot.

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Many thanks, given me a bit of hope......really hate these people at the moment.

Would the application be the Form N244 .... Seem to be able to download it from various sources OR do I need to contact the court and request it.

And will definately take up the offer of assistance with completing it :-)

Many thanks.

[Celestine]

Re: MBNA - LINK Financial & Judgement

Yes, Form N244


If a defendant to a claim in civil proceedings fails to file an acknowledgement of service or a defence (whichever if applicable) by the required deadline, then default judgment can be entered against them. However, in some circumstances the court can set aside (cancel) or vary a default judgment.

The grounds for setting aside a default judgment

There are mandatory and discretionary grounds on which the court has the power to set aside a default judgment.

Under Rule 13.2 of the Civil Procedure Rules 1998, the court must set aside a default judgment that was wrongly entered before the defendant’s deadline for filing an acknowledgement of service or a defence expired. The court is also obliged to set aside a default judgment entered after the claim had been paid in full.

Under Rule 13.3(1), the court can use its discretion to set aside or vary a default judgment if the applicant can show that:

he (the defendant) has a real prospect of successfully defending the claim; or
it appears to the court that there is some other good reason why
o the judgment should be set aside or varied; or
o the defendant should be allowed to defend the claim.

Although in theory the applicant only has to satisfy one of the grounds set out above, there is more chance of the judge exercising his discretion if the applicant can show that he has a defence with a real prospect of success at trial. It is also important for the defendant to make his application for default judgment to be set aside as soon as he becomes aware of the judgment, as the promptness of his application will be taken into account by the court. Any application must be submitted with supporting evidence.

Possible outcomes

Following an application to set aside a default judgment, the court may:

set aside the default judgment;
refuse the application; or
make a conditional order.
With regard to a conditional order (when it appears to the court possible that a defence may succeed but improbable that it will do so, or if the application was made very late), the defendant will usually have to pay the amount of the claim (or as much as he can reasonably afford) into court within a set timescale, otherwise the default judgment will remain.

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Thanks Celestine, I shall take all the above onboard when completing the form, however I will submit a copy via here before I process, just to check that I have it right.

Many thanks.

[SpringerSpaniel]

Re: MBNA - LINK Financial & Judgement

There is a presumption in favour of setting aside judgement made in default where the defendant would have wished to defend the case.

With your application to set aside judgement, you should include your defence, as well as explaining why you were unable to file it in the correct timeframe. If this is due to illness, you should enclose medical evidence if at all possible.

You can also apply to have the case transferred to your local County Court if Cardiff is not it.

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

So presume I would just put in the relevant area, that I had intended to defend this on the grounds that.....and state my reasons ?

Do I just put a covering letter in requesting transfer to my local court or is there a specific form that has to be completed ?

Also the lack of time on my part was that I spent most of last month on the road trying to ensure I kept a job!

Many thanks

HTH

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Well completed what I THINK should be on the N244 (attached).

Could you please advise on wording etc.

Also. Do I just put a covering letter in requesting the case be transferred to my local county court ?

Also going to edit my first post and attach the various documents that I have on the case, this may help with your recommendations on wording.

I am trying to get over to the DJ that has been a massive amount put on this debt without any real justification, as you will see from the LINK Statement. Also, there is a large portion of this which is also subject to a PPI claim, these two combined will make a significant difference to the debt.

I wait with baited breath your advice.

HTH

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Cheeky little bump to get an opinion on the N244 so I can get it sent off. Thanks

[Angry Cat]

Re: MBNA - LINK Financial & Judgement

http://www.bankruptcy-insolvency.co....unty_court.pdf

The fee payable is now £75.

[Angry Cat]

Re: MBNA - LINK Financial & Judgement

You may find the following of benefit:
PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

http://www.bankruptcy-insolvency.co....unty_court.pdf

The fee payable is now £75.

Many thanks for the informtion, I think £75 is a small price to pay if I can be successful if as a minimum I get the order decreased.
------------------------------- merged -------------------------------

You may find the following of benefit:
PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

Sounds positive.... Or am I looking through Rose tinted specs :-)

Whats the thoughts on what I have written on my N244 above, I would like to get it sent off today along with a covering letter request the transfer to my local court.

Many thanks

HTH

[Celestine]

Re: MBNA - LINK Financial & Judgement

Hi Highway

Sorry I was in court myself yesterday and didn't get a chance to look properly.

I think you need to alter the wording slightly of the first page of the form.

I am applying to the Court to set aside the judgment entered against me at Northampton County Court.

I have been required to work 18 hour days for the last month in order to retain my employment and became confused about the timescale for submission of my defence. This was exacerbated by Link Financial's non compliance with my Part31.14 application for documentation which would assist my defence.

My defence was prepared by (XX date) and I respectfully ask the Court to set aside the default judgment to enable me to defend this claim.

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Thanks Celestine.......Hope you were successful in court no matter which side of the fence you were on :-)

I will change the wording and get it off to Northampton recorded delivery today.....and not forgetting to enclose the magic cheque.

Many thanks

HTH

[MIKE770]

Re: MBNA - LINK Financial & Judgement

set aside GBP80.00 I had to pay recently, just check when you put it to court??