We Won!!!!!!

[chrissa1]

We had to go to court today to get a Demand to make us bankrupt set aside because this company had bought our debt from MBNA, which, after paying them back over �11,000.00 for an �8,000.00 debt they wanted to be paid �7,700.00 that they said was still owing. Their solicitor told us, before we went before the judge that he couldn't prove that we owed this amount without getting a Court Order to make MBNA give them the information!!!!!! He would be asking the Judge to make that order. Bu**er, we thought. We went in. The judge asked me how much we had paid to MBNA since 2002. I had every payment itemised and had all the bank statements to back the payments up. He then asked their guy to prove how he came to the figure of �7,700.00 still being owed. Their chap said that he couldn't!!! So the judge said straightaway, "I find for Mr & Mrs W, the Demand for Bankruptcy is set aside and I am not allowing it, and furthermore I think it is a wholly inappropriate use of the law that you have brought this action against Mr & Mrs W" !!!!!!!!!!!!!!!!!!!!!! Way Hay... Then the Killer.... Their solicitor asked the judge to make an order to make MBNA disclose their figures, at which point the judge flatly refused and said it was up to his client to do it. Not Him! Big Big Victory for DI & C.!!!!!!! As now, they'll have to go to court themselves to get the figures which probably have been destroyed by MBNA by now. So, fingers crossed we MIGHT have heard the last of them. What do you think??? Result or What?? It just shows you these companys are b*****ds and probably get a result from 3 out of 10 times they try this ploy of frightening people into stumping up, or causing more grief, as if you don't turn up at court, as alot of people don't as I was listening to names being called and there being nobody there. So these poor people have judgement made against them by default.

[eastern]

Good for you and well done for having the b***s to stand up to them.
Congratulations.

[Lakitu]

Congratulations :o)

[Mr Veritas]

Well done!
It takes a lot of guts and courage to go to court and see this right through.
Many people would have panicked and given up.
I hope your description of this case may give others who post on AB (in the future) the strength and advice to carry on.
Alec

[chrissa1]

Thank you Alec. That's why I posted it. I think these people try to get away with murder, through fear and, let's face it simple ignorance of official forms and threats.

[R1Geezer]

Yes, well done, yes they are b4stards. However you presumably did at some point not pay MBNA so you are not entirely blameless here, although you clear have made and effort to pay up. Care to expand on why MBNA felt the need to sell your debt on, where they being unreasonable or did you just go through a period of not paying?

Yes the debt collectors/ballifs etc are often out of order but they would not even exists if people did not welsh on paying.

[chrissa1]

Fair enough, but if you'd read my earlier postings (2), the debt existed for our business expenses that went into Recievership in 1999. We have never tried to welsh on the debt and have tried to keep up regular payments since 2002. With all the interest piled on every month, we would be dead by the time it was paid off.

For some reason my card was treated differently, I paid it all off, as no swingeing interest charges were applied. Also MBNA.

[fredpuli47]

If the judge meant that using bankruptcy notices and procedure was a misuse of the law in such cases of simple debt, I'm with him all the way. This has become a pernicious practice in recent times. Creditors have taken to using it rather than just taking ordinary proceedings because it frightens people. They do so now when there's absolutely no grounds for thinking that the debtor can't meet his obligation or is arranging his affairs to defeat creditors, there's no action for fear of that being imminent, and there's no need for starting any bankruptcy proceeding at all.

[chrissa1]

I couldn't agree more Fred. I googled the name of the solicitors, Mortimer Clarke and found they are renowned form this sort of action.

[ruthann58]

well done