myself v MBNA advice please

[davidm]

Re: myself v MBNA advice please

so should i just wait and see what they send next or should i respond with something

[Deepie]

Re: myself v MBNA advice please

so should i just wait and see what they send next or should i respond with something

how long until SB ?

[PlanB]

Re: myself v MBNA advice please

got the dlc letter in the week and today got this RESTONS letter ,i have a sold in dispute letter ready to post and a phone harrasement one ,whats the next move on the restons letter the have given me a date to pay or else ?

Based on the above the SWID letter may well be best since this is the first letter you have received from Restons.

However, when did you last send a CCA to Hillesden/dlc? Niddy's post saying the CCA was enforceable was in March 2012 so I presume your last and only CCA was sent in early 2012?

Once we know that we can make a suggestion on your next move.

That dlc "letter" is in fact a Notice of Sums in Arrears (s.86) which they must send you annually.

Did you ever get a DN from MBNA for this account?

Plan B x

[davidm]

Re: myself v MBNA advice please

Based on the above the SWID letter may well be best since this is the first letter you have received from Restons.

However, when did you last send a CCA to Hillesden/dlc? Niddy's post saying the CCA was enforceable was in March 2012 so I presume your last and only CCA was sent in early 2012?

Once we know that we can make a suggestion on your next move.

That dlc "letter" is in fact a Notice of Sums in Arrears (s.86) which they must send you annually.

Did you ever get a DN from MBNA for this account?

Plan B x

i sent the cca in febuary 2012 to mbna/hillsden i got this back in march 2012,no DN was ever sent.thanks Plan B for your help
will post the SWID letter tomorrow

[davidm]

Re: myself v MBNA advice please

how long until SB ?

date on the letter is 25th nov 2015

[MrsD]

Re: myself v MBNA advice please

I think you should get the SWID and harassment off quicksmart. How long since you last paid anything to it?

Don't think you are at the giving in and paying stage yet. so I would wait ant see what comes back from your SWID and harassment

[PlanB]

Re: myself v MBNA advice please

how long until SB ?

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

[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

must have been late 2011 not sure will try and find out
i wrote to mbna in dec 2011 explaining my situation and asking for a payment plan which i didnt get so my last payment must have been late 2011

that was when i joined this site for help

[davidm]

Re: myself v MBNA advice please

have sent off the SWID will see what they reply with

[davidm]

Re: myself v MBNA advice please

ok sent the swid last week and got this back today ,i digitally signed the swid .shall i sign this but in a different way ???

[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!)

[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 ?

[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

[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

[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 .