Patch's Diary

[Pixie]

Re: Patch's Diary

I hope you're feeling better soon Patch x

[patchouli]

Re: Patch's Diary

Am now dosed up with sudoephedrin or something and off to bed... again!! Will try again tomorrow when I feel a bit more human.... I hope!!

Thanks everyone....

[marypoppins]

Re: Patch's Diary

A claim will be in a brown A5 envelope and can't be missed. Don't worry as there is nothing you can do to stop it. Have a lovely birthday, despite hubby - men don't engage their brains

Robinsons Way are using these brown A5 envelopes too Cym, I've had a coupled of panic attacks recently when going to get the post from our letterbox!

Don't stress Patchouli, they know what they're doing on here and will help you all the way through IF a claim is issued.

[patchouli]

Re: Patch's Diary

... edited

[patchouli]

Re: Patch's Diary

Panic in my email?

Hiya.... MBNA have sent a library of paper to us....


Was asked to send you the CCA... should I send copies of the other letters?

Hubby is stressing like a loon!!

regards,

Patchouli

I see no panic! lmao...

ok so I need to fire up my old computer as there is a missing PT template on there...

Today is the first day I am out of bed.. whatever virus it was it was NASTY... horrid sinus ache remains but things need to be done so I'm on it.

No we dont have any money to pay it off or even save... we are running on empty ever month. I'm sure it will all be ok... just need to fire up old Bertha.

Thanks guys... will let you know when I've sent the MPT

EDIT: Got it wrong... I dont send mpt...

lol... I have no idea what i am doing. !!!

[Pixie]

Re: Patch's Diary

What a rotten birthday Patch

[Never-In-Doubt]

Re: Patch's Diary

Don't stress. I only asked if there was a claim - Because of the panic in your email. You haven't had a claim - but the agreement is enforceable because it's post 04/2007 so we cannot utilise s.127(3-6). That's the killer.

So the way you play the game is like poker. You send templates as and when and in the meantime save money each month (that you'd usually pay them) and if a claim is issued or if they get "too heavy" you can look to make a settlement offer with the savings. In some cases you can pass 6 years on an enforceable debt and get a good result (SB) by blagging it.

[Spud]

Re: Patch's Diary

Totally correct

An Enforceable Credit agreement is just one of many small parts of an overall picture and it only takes one or two of those other areas to fall down to stop the claimant from winning.

Many MBNA Accounts had common faults not just with the Agreement but other procedural errors along the way where a claim would fall down

As S+V said, Make them work for their money......And you may never have to pay it anyway once they open up a can of worms

[SaltnVinegar]

Re: Patch's Diary

Hi Patch

Even if its enforceable, that doesn't mean things are a foregone conclusion.

You mentioned that hubby just wanted to pay it and be done - is that the case? If you really had to do you have the means to pay the balance?

If so then there is still everything to fight for! (and even if you didn't you still would have everything to fight for!)

Even IF a claim is issued by the creditor, the other side can still screw things up on procedural issues, you can still go to mediation and agree a reduced settlement, or even negotiate a Tomlin order.

Remember what I said about making the other side work for their money - make sure they do!

[nanna58]

Re: Patch's Diary

Enjoy what you can of your day Patch xxxx

[cymruambyth]

Re: Patch's Diary

A claim will be in a brown A5 envelope and can't be missed. Don't worry as there is nothing you can do to stop it. Have a lovely birthday, despite hubby - men don't engage their brains

[SeeSaw]

Re: Patch's Diary

Hi Patch
I have to agree with cymruambyth enforceable can and have been won, I/we have won enforceable. keep chin up your in good hands.
SeeSaw

[patchouli]

Re: Patch's Diary

cheers.... will try and figure out if there is a 'claim' tomorrow.... its my birthday adn so far I have been asleep half the day as I have tonislitis and when I woke up apparently hubby assumed I didn't want to do anything today... which means he didnt wash up, clean etc.... ach yo!
had a teenage fit, stumbled to shops, got some beans and toasting bread and will sulk over some beans on toast later! lol

[cymruambyth]

Re: Patch's Diary

You aren't an idiot, you just don't know the law and the legal system! If there is a claim it is a court claim against you by the solicitors for the company that owns the debt. We have a very good legal team who deal with claims, even those with an enforceable CCA, you would be amazed at how many errors that occur. In addition, our team can help negotiate orders and settlements that avoid gaining a CCJ.

Dont nut panic or give up yet! Just keep posting for guidance and support.

[patchouli]

Re: Patch's Diary

It's enforceable .. I kinda knew that anyway... not sure what to do next, Niddy said to send a MPT in a few weeks but they are giving me until the 14th before action so?
Also if there was a claim? I'm stupid, I honestly dont know what that means..... who's claiming? me or them? I am an idiot...