myself v MBNA advice please

[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

[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

Thanks Mrs. D

[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

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

[Deepie]

Re: myself v MBNA advice please

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

[davidm]

Re: myself v MBNA advice please

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

no i sent a SWID letter

[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)

[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

[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

[davidm]

Re: myself v MBNA advice please

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

cant understand why restons sent back the SWID letter saying no signature ,and then sent it back saying they cant do anything about it anyway as they are only solictors???

- - - Updated - - -

IN response to your letter of the 11/11/2015
I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with [Enter Original Creditor] and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974). As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974. Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that you, as a creditor / debt collection agency will be aware, the OFT has stipulated the following; Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get: · a copy of their agreement · copies of some of the other documents mentioned in their agreement · a statement of account.

this is the first bit of the letter sent it is the SWID letter isnt it ????

[PlanB]

Re: myself v MBNA advice please

dlc have the account and hillsden are the DCA

I believe it may be the other way round.

Hillesden currently own the debt and dlc are the DCA.

Have a look at my previous post where I suggested you should send the LBA response template letter to Restons since they say they are instructed to issue legal proceedings.

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) 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? 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.

Plan B x

[davidm]

Re: myself v MBNA advice please

I believe it may be the other way round.

Hillesden currently own the debt and dlc are the DCA.

Have a look at my previous post where I suggested you should send the LBA response template letter to Restons since they say they are instructed to issue legal proceedings.




Plan B x

ok yes i had it the wrong way round ,so lba response to restons and a cca to DLC.and a copy of the cca to restons also with the one liner is that correct . and thanks plan b for your help

[davidm]

Re: myself v MBNA advice please

ok got both of the letters will send on monday thanks

[davidm]

Re: myself v MBNA advice please

just looked back through my file and i have already had a solicitors letter from ALPINS ,saying they have been intructed to issue legal proceedings this was back in march 2012.sent them a swid to hillesden and heard nothing until now.