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I am new here and need some help please, as the majority of us do!
Background;
Took out MBNA credit card in 2008 to balance transfer a previous card. Introductory 0% for 9 mths then 15.6% apr variable looked a better deal. Application was completed online and the card was sent with credit limit and no further info (terms and conditions werent included).
For 9 mths I paid the minimum £25 then payment went upto approx £70-£80 in May 2009. The rate remained at 15.6%, 1.2408% a month.
The minimum payment was made and I raised a complaint that it did not cover the next months interest on occassions. The complaint was refused as the statement periods altered and therefor the monthly interest charges changed.
October 2009 the rate was hiked to 2.1403% a month. This was not advised and was notified by the statement requireing a minimum payment of £124. Again I complained and after 2 months the original rate was reinstated with the proviso I did not use the card.
My Father died suddenly in November 2009 and this affected my mental state, in April 2010 I left employment due to stress and depression- berevement and financial difficulties. ( My job then was poorly paid and we had been borrowing on other cards to maintain payments to creditors).
With CCCS advice I made mandatory £1 per month payments.
In August 2010 I started a temporary job and started paying £50 per month to MBNA as this was a fair amount based upon circumstances. Interest and charges had been removed by MBNA and arrears were accumulating. I note that all other creditors removed the arrears when I began paying the £50 per month.
My job was made redundant in August 2011 and I received no extra payment. No saveing had been built up due to paying all disposable income to creditors.
A £1 per month payment was then made again to MBNA and all other creditors.
In December 2011 MBNA issued the default notice and requested full payment of the account. The account was passed to restons and they applied for a CCJ via Northampton County Court.
I requested the CCA and received a copy of the original application with documents containing the terms and condition not mentioned in the original application, terms 4-16.
The original application had terms 1-3 and then the signiture box marked with an X. The following page had a note about PPI and another box to mark agreement for PPI. Under this was the reference to another page for the terms 4-16. I cannot say I knew there were more terms than the 1-3 which I had read before marking the box.
I have responded saying I neither agree nor disagree and requested details of the complaints made to MBNA. Restons responded with one final response letter and no details about all other complaints.
Restons have now issued an application to have the defence struck out and summary judgement as there is no prospect of defending the claim. This appliction was recieved by myslef this week along with the court hearing date on 8th of March. Oddly this was sent by Restions and not the court, apparently under the specific request of Restons.
I am due to start a decent permenant job this month, with CCCS I have discussed a debt management plan and later when the probabionary period is satisfied (6mths) an IVA to fully clear my/our creditors.
Restons would not accept an offer of £50 per month made by myself and the debt management plan would offer them £47 according to the CCCS.
I would like to resist the CCJ. It would prevent me from operating as a LTD company if the need arose and I have been contracting before and would if required use this as employment if the new job fails. Also there are additional costs invloved, an extra £250+ onto the account for the CCJ. I am also concerned as Restons have stated that the purpose of the CCJ is to start the process to obtaining a charging order and subsequently force us to sell the family home. We have approx equity of £17K but unsecured debts of approx £40K. With a CCJ and the defaults renting would be difficult and we have 2 minors to consider.
Restons have produced the original application with terms and conditions 1-3, additional term and conditions 4-16, the latest terms and conditions, all statements and operator notes from call centre.
My anticipated defence would be;
The original terms and conditions werent available or produced. Non payment if not made was only termed 'will make it difficult to get credit in the future' - no mention of court action or charging orders originally. The terms 1-3 make no mention of MBNA being able to change any terms and conditions they want at any time.
My illness was aided by MBNA increasing the interest rate without notice and unfairly high after such a short period on the 'standard' rate.
The CCJ would affect my future employment prospect badly preventing me from repaying creditors.
There is no need to grant a CCJ as I have volunteered to pay the maximum I could as often as possible.
Granting a CCJ would only serve to increase the indebtedness and would not make any difference in the amount i would pay in a debt management plan or an IVA.
The agreement was originally unfair as anything could be changed by MBNA for their benefit although this was not made clear.
The welcome letter had a credit limit but no information of cancellation nor any terms and conditions.
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I dont think the court will take any notice if I produce a document saying the above and I think I need more 'legal' sounding arguments. I have done a SAR and hope i can delay the hearings for a month or two when the DMP will be in place and may stop Restons persueing the CCJ??
Any help please in a decent defence document wording, any points to raise and any flaws in my reasoning. Will the court delay the hearing whilst I obtain the complaint documentation not provided by Restons after request?
Thanks in advance.
Background;
Took out MBNA credit card in 2008 to balance transfer a previous card. Introductory 0% for 9 mths then 15.6% apr variable looked a better deal. Application was completed online and the card was sent with credit limit and no further info (terms and conditions werent included).
For 9 mths I paid the minimum £25 then payment went upto approx £70-£80 in May 2009. The rate remained at 15.6%, 1.2408% a month.
The minimum payment was made and I raised a complaint that it did not cover the next months interest on occassions. The complaint was refused as the statement periods altered and therefor the monthly interest charges changed.
October 2009 the rate was hiked to 2.1403% a month. This was not advised and was notified by the statement requireing a minimum payment of £124. Again I complained and after 2 months the original rate was reinstated with the proviso I did not use the card.
My Father died suddenly in November 2009 and this affected my mental state, in April 2010 I left employment due to stress and depression- berevement and financial difficulties. ( My job then was poorly paid and we had been borrowing on other cards to maintain payments to creditors).
With CCCS advice I made mandatory £1 per month payments.
In August 2010 I started a temporary job and started paying £50 per month to MBNA as this was a fair amount based upon circumstances. Interest and charges had been removed by MBNA and arrears were accumulating. I note that all other creditors removed the arrears when I began paying the £50 per month.
My job was made redundant in August 2011 and I received no extra payment. No saveing had been built up due to paying all disposable income to creditors.
A £1 per month payment was then made again to MBNA and all other creditors.
In December 2011 MBNA issued the default notice and requested full payment of the account. The account was passed to restons and they applied for a CCJ via Northampton County Court.
I requested the CCA and received a copy of the original application with documents containing the terms and condition not mentioned in the original application, terms 4-16.
The original application had terms 1-3 and then the signiture box marked with an X. The following page had a note about PPI and another box to mark agreement for PPI. Under this was the reference to another page for the terms 4-16. I cannot say I knew there were more terms than the 1-3 which I had read before marking the box.
I have responded saying I neither agree nor disagree and requested details of the complaints made to MBNA. Restons responded with one final response letter and no details about all other complaints.
Restons have now issued an application to have the defence struck out and summary judgement as there is no prospect of defending the claim. This appliction was recieved by myslef this week along with the court hearing date on 8th of March. Oddly this was sent by Restions and not the court, apparently under the specific request of Restons.
I am due to start a decent permenant job this month, with CCCS I have discussed a debt management plan and later when the probabionary period is satisfied (6mths) an IVA to fully clear my/our creditors.
Restons would not accept an offer of £50 per month made by myself and the debt management plan would offer them £47 according to the CCCS.
I would like to resist the CCJ. It would prevent me from operating as a LTD company if the need arose and I have been contracting before and would if required use this as employment if the new job fails. Also there are additional costs invloved, an extra £250+ onto the account for the CCJ. I am also concerned as Restons have stated that the purpose of the CCJ is to start the process to obtaining a charging order and subsequently force us to sell the family home. We have approx equity of £17K but unsecured debts of approx £40K. With a CCJ and the defaults renting would be difficult and we have 2 minors to consider.
Restons have produced the original application with terms and conditions 1-3, additional term and conditions 4-16, the latest terms and conditions, all statements and operator notes from call centre.
My anticipated defence would be;
The original terms and conditions werent available or produced. Non payment if not made was only termed 'will make it difficult to get credit in the future' - no mention of court action or charging orders originally. The terms 1-3 make no mention of MBNA being able to change any terms and conditions they want at any time.
My illness was aided by MBNA increasing the interest rate without notice and unfairly high after such a short period on the 'standard' rate.
The CCJ would affect my future employment prospect badly preventing me from repaying creditors.
There is no need to grant a CCJ as I have volunteered to pay the maximum I could as often as possible.
Granting a CCJ would only serve to increase the indebtedness and would not make any difference in the amount i would pay in a debt management plan or an IVA.
The agreement was originally unfair as anything could be changed by MBNA for their benefit although this was not made clear.
The welcome letter had a credit limit but no information of cancellation nor any terms and conditions.
----------------------------------------------
I dont think the court will take any notice if I produce a document saying the above and I think I need more 'legal' sounding arguments. I have done a SAR and hope i can delay the hearings for a month or two when the DMP will be in place and may stop Restons persueing the CCJ??
Any help please in a decent defence document wording, any points to raise and any flaws in my reasoning. Will the court delay the hearing whilst I obtain the complaint documentation not provided by Restons after request?
Thanks in advance.
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