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  • CALLING NEVER IN DOUBT

    Hello

    NID, you have provided me with lots of good advice re 3 ccas with the MBNA....

    After weeks (months) of phone calls from AEGIS, and weeks and months of me explaining I dont want to talk them, and refusing security questions etc etc (quite entertaining really)

    the postman today brought me 3 Letters from MBNA

    Deafualt notice served under section 87(1) of the Consumer Credit act 1974

    Credit Card Agreement :XXXXXXXXXX

    we refer to the above agrrement which you have entered into with us. You have repeatedly broken your agreement with us by failing to make your minimum payments. Para 8f of your credit agreement provides that, subject to sending you any otice required, you must immediately pay your whole balance if you repeatedly break this agreement and fail to sort the matter out. A stop has been palced on your card and a default has now been registered against this account at the credit reference agencies.

    This statutory notice is to tell you that in order to remedy this breach, you ust pay the full amount of outstanding balance which is £xxxx by 26/09/2010

    IF FURTHER ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO ENFORCEMANT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

    IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET BELOW MAY BE TAKEN AGAINST YOU

    On or after the date shown, your account will be closed, and your credit agreement will be terminanted. We may also take court proceedings to recover the whole amount owed by you to us. Further statements will not be issued, Please note that if we terminate your credit agreement, you will still be personally liable to pay all amounts which become due to us., for example any subscriptions and regualr payments that you have not stopped or outstanding credit card cheques

    blash blah blah blah

    Yours sincereley

    xxxx



    WHAT SHOULD i DO NOW? Thanks

  • #2
    Re: CALLING NEVER IN DOUBT

    Igotdebt, Niddy will probably be along in a minute, but edit your post and take that account number off, you don't want that on the web.

    Godd luck

    Comment


    • #3
      Re: CALLING NEVER IN DOUBT

      it was a made up one....but thank you for the thought ;K5

      this looks like a great new website

      Comment


      • #4
        Re: CALLING NEVER IN DOUBT

        Originally posted by igotdebt
        WHAT SHOULD i DO NOW? Thanks
        Hiya

        don't worry, thats just a bog standard default notice in line with s.87 CCA1074.....

        Have you sent CCA requests off? Please give us more info on your situation...
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #5
          Re: CALLING NEVER IN DOUBT

          yes, on a different website never in doubt helped me profusely

          i had 4 cca requests and Nid went through them, and said pay 1 but not the other 3

          if the other 3

          1 they claimed was hard to find and mislaid...

          and the other 2 I scanned in and NID said they were unenforceable

          On the basis I am paying debt off for some years to come (3 years since I started and approx 50% paid...- incl a couple of F&F) AND I have terrible credit record now, and NEVER EVER EVER want credit again, so dont care about defaults I left CCCS / DMP and havent paid a penny since

          had aegis and mbna chasing but this is first formal thing..........

          hope this info helps

          Comment


          • #6
            Re: CALLING NEVER IN DOUBT

            oh you are nid...

            Nid, I sent you a PM on the other website with the link if you wanted to refreesh yourself on the details



            thanks for all your help and your great new website

            Comment


            • #7
              Re: CALLING NEVER IN DOUBT

              Originally posted by igotdebt
              oh you are nid...
              ;LOL ;LOL ;LOL

              You just realised I am the same NID that you spoke to on MSE..... hehe

              Ok, listen just proceed as though all the debts are UE - the letter you got is a normal default notice, you want all the debts to issue one of these cos then you have light at the end of tunnel in that 6yrs later your credit file will be clean,,,,
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #8
                Re: CALLING NEVER IN DOUBT

                i get the idea that its better they got on with it

                but what? so this is the official default that lasts for 6 years on the file, but surely once they issue a default they will try something else......ccj (and baliff?), charging order, forced bankruptcy?

                I dont know mch about any of these at all, and always bow done to your knowledge but just think if they do nothing its all a bit too easy

                Comment


                • #9
                  Re: CALLING NEVER IN DOUBT

                  Hiya

                  Noooo they won't try it cos if they do you come here and tell us and i'll then point you to a letter to defend it.. stop worrying. You do need to brush up your knowledge so have a read of the guides on the forum here - all bout DCA's and bailiffs etc....

                  Bailiffs: viewtopic.php?f=54&t=49

                  Defaults: viewtopic.php?f=55&t=38

                  Unenforceability: viewforum.php?f=13
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: CALLING NEVER IN DOUBT

                    Hi, today I received a letter from a solicitors acting on behalf of 1 of the creditors asking for payment within 14 days

                    "To pay by debit card please call a member of the recoveries team on xxxxxxxxx"
                    Our client may be willing to consider your proposals to setlle the sum due. If you would like to make proposals to settle the sum due please contact us within the time stipulated above. If your proposals are accepted by our client no legal action will be taken as long as you adhere to the agreed settlement. Please note that any proposal discussed and-or accepted is without prejudice.
                    If we not hear from you within the time stipulated above, our client may instruct us to commence legal action to recover ther sum due without further notice. The commencement of legal proceedings will incur additional costs. The costs of proceedings may be added to the sum due, which would incur you in additional expense
                    If a judgement is obtained against you this may adversely affect your ability to obtain credit in the future. Furthermore, additional costs may be added to the sum due on enforcement of the judgement. Our client reserves the right to enforce any judgement by:
                    WARRANT OF EXECUTION - a county court balliff will attend your home to remove goods for sale at auction to pay the debt due;
                    ATTACHMENT PF EARNINGS ORDER - your employer will be ordered to deduct money from your salary to pay the debt, and may add additional charges for doing so
                    CHARGING ORDER OVER YOUR PROPERTY - our client would receive payment of the debt prior to any equity is released to you following the sale or remortgage of your home
                    BANKRUPTCY - your home and other assets may be forcibly sold and your financial affairs will be investigated

                    We hope that such action can be avoided....look forward to hearing frmo you blah blah blah blah

                    -----------------------------------------------------

                    NID, called national helpline (as solicitor incl their telephone number on an attached sheet) - they said if I am going down automatic defense route as non enforceable I need to write back stating this, and should enclose SOA showing I have little money anyway, and worse case court finds against me, adds costs (which can be challenged) and I get 28 days to pay, but even then could make repayment offer to the court.......
                    I dont fancy sending them SOA, as if I am not paying I dont see as relevant, but as always.....want your guidance

                    THANKS !

                    Comment


                    • #11
                      Re: CALLING NEVER IN DOUBT

                      Hiya

                      Ok, calm down and stop talking to them - jesus, the first rule here is cease communication!

                      Is this one of the UE accounts? Respond with this: ---> viewtopic.php?p=2318#p2318

                      It basically tells them to piss-off and return the account back to the creditor as they cannot enforce it, and we know they can't - so stop wasting out time! That's a layman version

                      Please, no more phone calls - stick to this forum and update as and when they do ANYTHING - stop ringing people, they will not have your best interests at hand.

                      p.s. their client has no rights - notice they use the term "we may" a lot - not "we can".....
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #12
                        Re: CALLING NEVER IN DOUBT

                        Hi NID. to answer your questions its an account which on the other forum was concluded to be unenforceable.

                        Comment


                        • #13
                          Re: CALLING NEVER IN DOUBT

                          Hiya

                          Ok then respond with the template above..... don't worry ok?
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: CALLING NEVER IN DOUBT

                            I promise not too (for the moment). If they issue court papers then I will worry again - until you tell me what to do

                            I am nervous that the cca would prove to be enforceable, but theres a long way before that - and even then I guess worse is I pay + costs....

                            thanks NID

                            Comment


                            • #15
                              Re: CALLING NEVER IN DOUBT

                              No court order can be issued. You're protected under s.127 and s60(1) & 65(1) cca 1974.

                              Get the cca and email it, then we'll talk more yea? I'll recheck it. Email tonight and by morning I'll respond and confirm what template to send okies?
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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