Susies UE Diary

[Never-In-Doubt]

Re: Susies UE Diary

So I would be better off paying a small amount to keep them from the door? I can get about £5k together from friends but it would not be all at once so a f&f may be doable at some point.

Going back through the paperwork, although there is a default on the CRA, I have no record of receiving either a default notice or termination notice from MBNA, not sure if this would make any difference to anything? the default date was 31st and the sold date was 20th of next month with 12 weekdays in between (not that it helps if no default notice was sent!) Probably clutching at straws here though!
I think a SAR to MBNA may be interesting and could throw up some charges but that will have to wait until a bit later unless its safe to sign it.

I would rather not have a CCJ if its possible, but its not going to end the world.

If you've not had a DN or TN then they cannot enforce, ordinarily, so leave things as they are and if they decide to take action we can look to defend based on these flaws.....

Obviously that is Paul's field.....

[Susie]

Re: Susies UE Diary

So I would be better off paying a small amount to keep them from the door? I can get about £5k together from friends but it would not be all at once so a f&f may be doable at some point.

Going back through the paperwork, although there is a default on the CRA, I have no record of receiving either a default notice or termination notice from MBNA, not sure if this would make any difference to anything? the default date was 31st and the sold date was 20th of next month with 12 weekdays in between (not that it helps if no default notice was sent!) Probably clutching at straws here though!
I think a SAR to MBNA may be interesting and could throw up some charges but that will have to wait until a bit later unless its safe to sign it.

I would rather not have a CCJ if its possible, but its not going to end the world.

[Never-In-Doubt]

Re: Susies UE Diary

These are not the ones I have been paying, I just did 2 f&f offers both of which were rejected. I have spoken to the person who offered the money and they can still lend me some that would be about 22% but it would have to be agreed that it could be paid in installments as they don't have it all in one go.
Approx balance is £20k
Never had PPI
Not sent a charges reclaim

Oh deary me, well to be fair they won't take £4k for a £20k debt if they can get a CCJ - its a catch22 in that I do feel they won't accept such a low offer.

Maybe a ccj aint such a bad thing, if they want to push for it then let them - at least the courts will award a fair assessment of income etc....

I dunno, but these offers may not work as well as usual.

[Susie]

Re: Susies UE Diary

If she's been making regular monthly payments and then took action, I suspect we'd be able to do somethign about that - however as Swanny suggested, sending that template will work for the time being plus we can't forget that offers have been made, so it's not like she's deliberately not paying!

Susie - What is the approximate balance, have you ever had PPi, have you sent off a charges reclaim?

These are not the ones I have been paying, I just did 2 f&f offers both of which were rejected. I have spoken to the person who offered the money and they can still lend me some that would be about 22% but it would have to be agreed that it could be paid in installments as they don't have it all in one go.
Balance £20k
Never had PPI
Not sent a charges reclaim

[Never-In-Doubt]

Re: Susies UE Diary

But didn't you say somewhere that you've continued to make monthly payments to them all along regardless of their rejection of your F & F settlement offers? Don't know whether that makes any difference Please don't be spooked by their random legal attacks on other debtors just keep following Niddy's master plan

If she's been making regular monthly payments and then took action, I suspect we'd be able to do somethign about that - however as Swanny suggested, sending that template will work for the time being plus we can't forget that offers have been made, so it's not like she's deliberately not paying!

Susie - What is the approximate balance, have you ever had PPi, have you sent off a charges reclaim?

[PlanB]

Re: Susies UE Diary

But didn't you say somewhere that you've continued to make monthly payments to them all along regardless of their rejection of your F & F settlement offers? Don't know whether that makes any difference Please don't be spooked by their random legal attacks on other debtors just keep following Niddy's master plan

[Susie]

Re: Susies UE Diary

Mine was with MBNA then Experto/Credit Management.

Phew thats a relief, I will get the letter on its way to them tonight.

[swanfan]

Re: Susies UE Diary

Mine was with MBNA then Experto/Credit Management.

[Susie]

Re: Susies UE Diary

Thanks Swanfan, was your account with MBNA or had it gone to Experto? What worried me was that Experto seem to be a bit trigger happy with issuing court papers.

[swanfan]

Re: Susies UE Diary

Had the same letter from Fairfax re my mbna account Susie.

Just a scare tactic by them imo.

I'd send this--> Unenforceability Templates - Section 5

[Susie]

Re: Susies UE Diary

MBNA (now sold to Experto Credite)
Taken out end of 2003
CCA request sent July 2010
29th July reply received, reconstituted agreement with no signature.
11.9.10 Arrears letter received My formal arrangement to pay has fallen behind - I was not aware that I had made any arrangement to pay but a good try ;LOL
22.10.2010 Very kindly sent me some paperwork including a totally illegible bit that I had signed, (it was the size of a tear off payment strip that you have at the bottom of a bill) and the accompanying sheet from asset sales with customer name, account, sold to, and by the bit that says credit agreement they have typed illegible. I cannot read it and doubt anyone else could so have no idea if it has any of the prescribed terms on it but I do remember something about it still being UE? There is also a legible copy (probably reconstituted) with no signature that has terms and conditions on the back.
They consider they have satisfied their obligations uncer section 78 and now deem the matter to be enforcable.
11.11.2010 I replied veaying that it did not comply with the requirements and that the account would remain in dispute. So far nothing more from them.
27.1.2011 Letter from Credit Management Consultants saying that I have disregarded all efforts to resolve the situation amicably and that failure to respond within 7 days may result in solicitors being instr ucted to consider the following action - court claim being issued, judgement obtained, baliffs seizing goods, attachment of earnings, charging order etc Please contact them within 7 days to arrange payment of the o/s balance and who to make my payment to - interesting that EC have not replied to MY letter though!!.
Edited to add, What they sent as the "agreement" must have been t&c from an application form as there is a huge white space on the "front" page, and an address to send it back to on the reverse....
31.1 2011 Letter from HL solicitors saying if they do not get a reply they will be taking further action
2.2.2011 letter sent as per Niddy's instructions

2 offers made for f&f from a friend at approx 15 and 18% both rejected

Looks like MBNA have decided to act I came home to this one today

Letter today from Fairfax Solicitors
They have been instructed to obtain immediate settlement or to take appropriate recovery action if I do not pay. Payment to be made by last Monday or phone to agree a satisfactory solutoion to the matter.
They have authority to commence legal proceedings, do not underestimate the seriousness of the matter it is important to make payment or contact them as a matter of urgency.

I really do not want them to be taking court action on this one, I do have someone who would lend me some money but its not a lot in the big scheme of things.

Urgent help needed on this so I can send them a reply tomorrow, thankies.

[Susie]

Re: Susies UE Diary

Probably, may be best to elope - quick!

I will elope with immediate effect!

[Never-In-Doubt]

Re: Susies UE Diary

Well todays post bought forth a missive from my friends at Frederickson, they have put my account on hold for 15 days while the crappy ones search the chaos in their vaults to find out if they actually do have a signed copy of my agreement - will I get RSI if I sit here twiddling my thumbs while I await their response!!

Probably, may be best to elope - quick!

[Susie]

Re: Susies UE Diary

Well todays post bought forth a missive from my friends at Frederickson, they have put my account on hold for 15 days while the crappy ones search the chaos in their vaults to find out if they actually do have a signed copy of my agreement - will I get RSI if I sit here twiddling my thumbs while I await their response!!

[Never-In-Doubt]

Re: Susies UE Diary

Well it would appear that Wescot are the new DCA's on the block for 2 of my accounts. I'm pretty sure I have had them before for something and got shot of them fairly easily so will see what it was that frightened them

Mint card is with them and they want paying - Going to send a bugger off letter!

They also have my overdraft, and I have had 2 letters, first saying that I have been paying the bank direct and should now pay them so I very kindly did that, next they sent one saying as I have not agreed payment various things MAY happen including doorstep collector.
I'm going to send doorstep collection letter with a little note pointing out that they have already started receiving money so bugger off or they will get nothing!

Good Luck