MBNA Arrow Global An Order for Sale Claim Form (CPR Part 8) Restons

[BanksRtheEnemy]

Good evening all, after 8 years of burying my head in the sand this notice arrived at my former home (separated from wife).

The original debt from what I can see is £7,365.54 this was transferred from MBNA to Arrow Global on the 23rd February 2008. On the 16th September a claim was lodged at Northampton and moved to Bradford for enforcement.

A final charging order was granted 14th November 2008, relating to a charging order made on the 22nd September 2008 shall continue. A Land registry notice was applied for also.

My son still lives in the house so essentially I would like to keep the house. I am aware of several options open to me.

Is the debt Statute Barred? I have not spoken to anyone regarding this debt since the default way back in 2008.
Is it worth contesting this and applying for the original Consumer Credit Agreement. I am guessing the original dates back to around 2002/3 so could be difficult for them to find.
The fact it has been secured at the land registry will it be more difficult?

The Claim form was hand delivered to the house on the 26th Nov 2014 with the date of service listed as 28th Nov 2014

It is from what I understand nobody's friends Restons Solicitors Justine Ada Taylor who are taking this to court. Should it be sold there are several other debts & land registry charges which will leave very little to rebuild our lives on. I now have a decent job, but I am currently paying to get the mortgage out of arrears, council tax and another debt which was passed to solicitors just as we separated, threatening bankruptcy so leaving very little option. There are also other debts which when I can summon the courage I will open the letters.
Or am I basically going to have to pay the debt to avoid A Order For Sale?

I suspect the first task is to complete the defence form. The first thing I notice is the defence form is listed as Bradford, but there is also a Notice of Transfer of proceedings to Halifax.

Do I fill in the Bradford form or do I need to get one from Halifax with the new Claim Number on it?

Can anyone suggest a course of action and letter templates? Many thanks in advance for any help, I have looked through some of the previous topics, but with so much at stake I would like some advice relating to my particular circumstances, especially the land registry charge element.

[FlamingParrot]

Re: MBNA Arrow Global An Order for Sale Claim Form (CPR Part 8) Restons

Hi and welcome

Good evening all, after 8 years of burying my head in the sand this notice arrived at my former home (separated from wife).

The original debt from what I can see is £7,365.54 this was transferred from MBNA to Arrow Global on the 23rd February 2008. On the 16th September a claim was lodged at Northampton and moved to Bradford for enforcement.

A final charging order was granted 14th November 2008, relating to a charging order made on the 22nd September 2008 shall continue. A Land registry notice was applied for also.

My son still lives in the house so essentially I would like to keep the house. I am aware of several options open to me.

Is the debt Statute Barred? I have not spoken to anyone regarding this debt since the default way back in 2008.

No, once a CCJ is obtained, the debt never goes statute barred. If a creditor doesn't make any attempt at enforcing a CCJ in the first six years, then they cannot apply to the court to enforce it, however, in this case it HAS already been enforced with a charge on your property.

A charging order secures a previously unsecured debt on your property, and will remain in place until it's paid by installments, as a lump sum, or from the proceeds of the sale of the property.

Is it worth contesting this and applying for the original Consumer Credit Agreement. I am guessing the original dates back to around 2002/3 so could be difficult for them to find.
The fact it has been secured at the land registry will it be more difficult?

The duty to supply a copy of the agreement ends when judgment is obtained, in this case 6 years ago. It's a bit late to challenge the enforceability of the account at this stage.

[QUOTE=BanksRtheEnemy;496141]The Claim form was hand delivered to the house on the 26th Nov 2014 with the date of service listed as 28th Nov 2014

Do I fill in the Bradford form or do I need to get one from Halifax with the new Claim Number on it?

Can anyone suggest a course of action and letter templates? Many thanks in advance for any help, I have looked through some of the previous topics, but with so much at stake I would like some advice relating to my particular circumstances, especially the land registry charge element.

Could you scan or take a picture with your phone and post up the claim form you received, removing all personal details? :typing:

This may be of help: http://www.legalbeagles.info/forums/...r-details-safe!) :nerd:

Could you tell us what has happened since 2008? Have you been paying this CCJ? What was the court order? Have you kept up the installments?

Who lives in the property? Is your son the only resident? has he got a family/wife/kids?

An order for sale is usually only applied for when the debtor fails to make or maintain payments into a CCJ that has been secured with a charging order. It's not something that can easily be resolved with template letters as it all depends on the individual circumstances.

[BanksRtheEnemy]

Re: MBNA Arrow Global An Order for Sale Claim Form (CPR Part 8) Restons

I have scanned the CPR 8. Not sure how to attach to this page. Can you advise please how to do that. Tried attach?

I have not made any payments at all on any CCJ's against me, the only debts I have started to clear are Council Tax and another where the bankruptcy proceedings were under way so made an arrangement to pay that by installments.
Not sure what you mean by the court order.
The resident of the property is my wife (separated) I live at my parents. She is registered disabled. The other occupant is my 16 year old son who is in his first year of a 2 year course at 6th Form College. The property is solely in my name, if this makes any difference?

Many thanks for your quick reply,

[FlamingParrot]

Re: MBNA Arrow Global An Order for Sale Claim Form (CPR Part 8) Restons

I have scanned the CPR 8. Not sure how to attach to this page. Can you advise please how to do that. Tried attach?

You've done it! :clap2:

I have not made any payments at all on any CCJ's against me, the only debts I have started to clear are Council Tax and another where the bankruptcy proceedings were under way so made an arrangement to pay that by installments.

That would explain why they are applying for an order for sale.

Not sure what you mean by the court order.

When the CCJ was obtained, what was agreed that you should pay every month?

The resident of the property is my wife (separated) I live at my parents. She is registered disabled. The other occupant is my 16 year old son who is in his first year of a 2 year course at 6th Form College. The property is solely in my name, if this makes any difference?

Many thanks for your quick reply,

Yes, indeed it does make a difference, because even though you own the property, other people live there and it wouldn't be fair to deprive them of their home over a debt that was incurred by you. The fact that a disabled person and a minor are the residents should work in your favour. :thumb:

You should have received an N210 form for acknowledgment of service, which you will have to fill in and return to the court within 14 days of the date of service, stating that you intend to contest the claim and giving your reasons. Some arguments you could use are:

• You bought the property as a long-term home for your family
• You own the property but do not live in it, your wife and son do, and it would be unfair to make them homeless over monies owed by you.
• Your wife is disabled and the house may have some special adaptations and she would find it difficult to find a suitable home, move and settle into it.
• Your son is at college and being made homeless would significantly affect him

You will have to make an installment offer to the court backed with an income and expenditure form to back up your offer. You will also have to explain why you have not made any payments into this CCJ, for example, due to unemployment, ill health, if employed or self-employed, lack of disposable income, etc.

Other issues to be considered are:

• The amount of the debt
• The amount of equity in the property

Don't return the acknowledgment form just yet, you have until Dec 12th so it's best to do a bit of homework over the next few days, based on the points above and any other issues you may think of.

[BanksRtheEnemy]

Re: MBNA Arrow Global An Order for Sale Claim Form (CPR Part 8) Restons

The CCJ's I admit I just hid my head in the sand, I have no idea what monthly charges or awards were made. I have just this evening taken a deep breath and opened all the letters I have put out of sight for the last 8 years. My total debts I estimate to be around £22k with maintenance payments, council tax payments the existing payment, my own living expenses the amount spare is very little to start with and to eat into this. I will make a budget up and see what I can realistically offer. In terms of equity in the house there is about £40k which is what they will all be going after. But selling that and trying to start again is just not economically viable, would an IVA be worth considering?
I currently also pay all the mortgage, even though that is supposed to be covered by my maintenance payments, but she has a few hours work and very little earning capacity so I have to take the strain!

[BanksRtheEnemy]

Re: MBNA Arrow Global An Order for Sale Claim Form (CPR Part 8) Restons

Just a random thought on this. At the initial CCJ hearing, surely the Claimant must have presented the CCA as proof of their claim. If they did not, then the courts have failed in their duty to ensure that the claimant was entitled to bring such a claim and the judgement must be wrong, the claimant has clearly not proven their case. Or am I now clutching at straws rather than burying my head?

[FlamingParrot]

Re: MBNA Arrow Global An Order for Sale Claim Form (CPR Part 8) Restons

Just a random thought on this. At the initial CCJ hearing, surely the Claimant must have presented the CCA as proof of their claim. If they did not, then the courts have failed in their duty to ensure that the claimant was entitled to bring such a claim and the judgement must be wrong, the claimant has clearly not proven their case. Or am I now clutching at straws rather than burying my head?

Not necessarily. There's no requirement to attach documents to claims made via the Northampton Bulk Centre and I can only assume they would already have been using it in 2008. The CCA would only come into play if the claim was defended, if it was admitted or just ignored and they obtained default judgment, it would never have been mentioned. Was this claim defended in the first place? :noidea:

The role of the courts is often misunderstood, they are there as arbitrators when there is a dispute between the parties, to rule in favour of one of them based on the evidence presented to them by both sides and on what the law says. They are not there to carry out investigations on behalf of either party, nor are they data repositories holding records of things such as statute barred debts. Many people think claims for those would be automatically rejected, that's not the case, the courts have no way of knowing the status of a debt, whether it's SBd, whether there is a valid CCA, etc. They just act on the evidence presented to them.

If a claim is not defended, the court won't investigate or request documents, it's up to the defendant to do that and state their intention to defend the claim at the time of acknowledgment.

[FlamingParrot]

Re: MBNA Arrow Global An Order for Sale Claim Form (CPR Part 8) Restons

The CCJ's I admit I just hid my head in the sand, I have no idea what monthly charges or awards were made. I have just this evening taken a deep breath and opened all the letters I have put out of sight for the last 8 years. My total debts I estimate to be around £22k with maintenance payments, council tax payments the existing payment, my own living expenses the amount spare is very little to start with and to eat into this. I will make a budget up and see what I can realistically offer.

Some of those debts are priority debts, such as council tax and maintenance, along with mortgage repayments and utility bills. They take precedence over everything else. Secured debts such as this one also take precedence over unsecured debts such as loans and credit cards.

You may want to start a separate thread and tell us a bit more about your other debts. :thumb:

In terms of equity in the house there is about £40k which is what they will all be going after. But selling that and trying to start again is just not economically viable, would an IVA be worth considering?
I currently also pay all the mortgage, even though that is supposed to be covered by my maintenance payments, but she has a few hours work and very little earning capacity so I have to take the strain!

An IVA would have to include all creditors and you'd have to offer pro-rata payments to all. It will also carry a substantial amount in fees and would take time to set up. None of this is likely to help much with a creditor who's got a debt secured on your home. An IVA usually lasts 5 years and you'll need to be able to repay at least £200 a month. If you find unable to keep up the payments in the future, the IVA would fail and you could be made bankrupt and lose your home.

Orders for sale are not commonly granted by the courts for consumer credit debts below £25k, especially when there are vulnerable people (such as your disabled wife) and minors (such as your son) living in the property. The reason creditors apply for them is to force people to pay into their CCJs rather than waiting indefinitely for them to sell the property.

In addition to making a repayment offer, you could also propose an alternative enforcement method such as an attachment of earnings (provided you are employed and it doesn't affect your employment) instead of forcing the sale of your house.

[tilly1]

Re: MBNA Arrow Global An Order for Sale Claim Form (CPR Part 8) Restons

hi this may be in wrong thread but I received a letter from restons on 28/01/2015 saying I must attend court and heres are charges!...I PHONED THEM AND ITS REGARDING A CHARGING ORDER ON MY HOUSE the court date was set for today 30/01/2015 I rang the court and told them its the first ive heard of it and can not attend then I was informed it was a order for sale, my husband had a mbna card 16 yrs ago and at the time was a dispute over ppi as it is known now not heard anything for at least 12 yrs..anyway I wrote to the judge explaining it was short notice and can it be adjorned..I rang today and the court has ruled in favour of order of sale ,sorry to go on but I would like advise on what I can do the debt is in husbands name and the house is in joint names there is children in the house to both under 14 ,we contacted restons and offers half of debt whitch yesterday was 6228 and they refused saying they want full amount is there anything I can do to secure my half of house if you know what I mean or is it to late now order has been granted....few sorry its so long thanks in advance. please feel free to move post if in wrong place