myself v MBNA advice please

[davidm]

Re: myself v MBNA advice please

Do you want to make an offer? Who is the DCA with this - thing is we can look at settling post claim if necessary but for clarity, who is the DCA that owns this account? Is it Hillesdon Securities?

Can you afford a single payment of maybe 50% of the balance (to make an offer) or would it need to be monthly (monthly would be harder to get the debt reduced)

the only offer i can make would be a monthly payment ,dlc have the account and hillsden are the DCA

[PlanB]

Re: myself v MBNA advice please

got this back today says they are going to issue a claim ? what shall i do .offer a payment ?

Restons were previously arguing about no signature on your SWID letter weren't they?

Now they say you've sent a s.78 CCA request without the £1 statutory fee. They're a bit muddled I think.

Since they're threatening legal proceedings it may be wise to send a s.78 CCA request to dlc (they're the DCA for Hillesden aren't they?) by Royal Mail First Class Recorded Delivery and then send a copy of it to Restons with a one-liner covering letter which simply says "please see enclosed a copy of my CCA request to your client Hillesden dated 4th december 2015". That's all.

Have you ever sent Restons a LBA response letter (sorry I haven't read back through your thread)? This asks them to provide the NOA, DN and all sorts of things which they may not easily be able to provide. That's the template we would normally suggest you send to a solicitor who is threatening court proceedings. Here it is > http://forums.all-about-debt.co.uk/s...l=1#post495044

I'd be tempted to do both: a CCA request to dlc and a LBA response to Restons. You decide what works best for you.

If Restons do issue proceedings then at least you'll have an outstanding CCA request up your sleeve as bargaining power.

If they do issue a claim and you are able to file a Defence then you may be able to settle this at the free telephone Mediation stage provided by the court.

Plan B x

[Never-In-Doubt]

Re: myself v MBNA advice please

got this back today says they are going to issue a claim ? what shall i do .offer a payment ?

Do you want to make an offer? Who is the DCA with this - thing is we can look at settling post claim if necessary but for clarity, who is the DCA that owns this account? Is it Hillesdon Securities?

Can you afford a single payment of maybe 50% of the balance (to make an offer) or would it need to be monthly (monthly would be harder to get the debt reduced)

[davidm]

Re: myself v MBNA advice please

did you send a CCA ? with the £1 fee ?

no i sent a SWID letter

[Deepie]

Re: myself v MBNA advice please

did you send a CCA ? with the £1 fee ?

[davidm]

Re: myself v MBNA advice please

got this back today says they are going to issue a claim ? what shall i do .offer a payment ?

[Never-In-Doubt]

Re: myself v MBNA advice please

how do I subscribe to get access to the letter templates niddy ?

Click the big plus sign (+) at the top right of the forum

[davidm]

Re: myself v MBNA advice please

Thanks Mrs. D

[MrsD]

Re: myself v MBNA advice please

so i should sign the form ,and as this is enforceable and its only £500 debt i could make a payment offer of £5,00 a month .i dont want this to go to court and have costs against me and a court judgement.what do you think ????
they havent said that the debt is enforceable so if i sign the swid and see what they send next .

I would send a one liner asking them to please read the enclosed letter and sign that using the anti-tamper strip.

then they have to take some action, agree with PlanB, not keen to invite trouble

[davidm]

Re: myself v MBNA advice please

As deepie previously asked, can you also tell us how long until this debt is due to become statute barred i.e when was your last payment to MBNA or Hillesden or to anybody?

Plan B x

I think the last payment was November 2011

[davidm]

Re: myself v MBNA advice please

so i should sign the form ,and as this is enforceable and its only £500 debt i could make a payment offer of £5,00 a month .i dont want this to go to court and have costs against me and a court judgement.what do you think ????
they havent said that the debt is enforceable so if i sign the swid and see what they send next .

[PlanB]

Re: myself v MBNA advice please

That's no excuse. They should be answering you.

As you've replied and they've pretty much rubbished your reply then I'd see what they do next. If they issue a claim their behaviour may assist with costs due to unreasonable behaviour.

Keep us updated and keep that letter safe as evidence (ignorance is no defence - they initiated contact by writing to you. You reply and they refuse to answer - a judge will spank them for behaving in such a sly manner I'd hope!)

I would hope so too.

But would it make any difference if the claim eventually stands up in court since the credit agreement is enforceable?

Obviously if the claim is dismissed then there may be a costs issue to debate. Although this claim would potentially be in the Small Claims Court (£500) without legal representation.

Hey, let's not talk like this since no claim has been issued. Let's keep it that way

Plan B x

[PlanB]

Re: myself v MBNA advice please

im getting a bit nervous with this one as you have said it is enforceable

I'm nervous too.

If this is an enforceable debt then the last thing you want to do is invite trouble (a court summons with no/limited Defence).

I'll admit I haven't read back through your thread (I'll do that to get the full history) but a power struggle over signatures may not be wise.

Remind us of the LBA deadline please

Plan B x

[davidm]

Re: myself v MBNA advice please

That's no excuse. They should be answering you.

As you've replied and they've pretty much rubbished your reply then I'd see what they do next. If they issue a claim their behaviour may assist with costs due to unreasonable behaviour.

Keep us updated and keep that letter safe as evidence (ignorance is no defence - they initiated contact by writing to you. You reply and they refuse to answer - a judge will spank them for behaving in such a sly manner I'd hope!)

shall i send back the swid letter and tell them i have signed it digitally,im getting a bit nervous with this one as you have said it is enforceable

how do I subscribe to get access to the letter templates niddy ?

[Never-In-Doubt]

Re: myself v MBNA advice please

That's no excuse. They should be answering you.

As you've replied and they've pretty much rubbished your reply then I'd see what they do next. If they issue a claim their behaviour may assist with costs due to unreasonable behaviour.

Keep us updated and keep that letter safe as evidence (ignorance is no defence - they initiated contact by writing to you. You reply and they refuse to answer - a judge will spank them for behaving in such a sly manner I'd hope!)