SXGuy's UE Diary

[Paul.]

Re: SXGuy's UE Diary

default notice?

[Paul.]

Re: SXGuy's UE Diary

ok MBNA

when you were in difficulties, did MBNA up the interest rate ?

Did they increase it to a high level? in many cases they go from like 12% to 34%

[SXGuy]

Re: SXGuy's UE Diary

No default notice, not sure if one was ever sent.

My mother was in arrangements to pay all her creditors token amounts, this was Pre AAD, they all told her DN's would be issued as a matter of normal collection procedures and to ignore it.

She did, but didnt keep all of them. Im unsure if she ever received one from MBNA or she threw it away.

I have a termination letter from MBNA, and a notice of assignment from DLC, dated a few weeks apart, so no cross over there.

I am unsure whether it was assigned during the DN period or not for reasons above.

[SXGuy]

Re: SXGuy's UE Diary

ok MBNA

when you were in difficulties, did MBNA up the interest rate ?

Did they increase it to a high level? in many cases they go from like 12% to 34%

I will have to ask if my mother remembers, but yes as far as i know, interest did go up very high at one point.

[SXGuy]

Re: SXGuy's UE Diary

All she remembers, is her min monthly payment was around 250 a month, interest was something like 34%, she wrote to them and asked if she could lower the amount. they replied and said they would agree £150 a month.

After around 6 months, her situation changed again, she wrote again asking to pay token £1 per month until her situation improved, the wrote back saying, they cant accept an arrangement for that amount but would freeze interest and charges and would accept whatever she could afford.

around 6 months later, they sent a letter saying, regarding our previous letter, your account is terminated and will be assigned to DLC. Dont remember if she ever got the previous letter or not.

[SXGuy]

Re: SXGuy's UE Diary

Just a quick question, whats the likelyhood of an admission and an offer of repayment in reply being accepted with no further action?

Have i missed the boat now, or do you think they would still consider it?

Would it need to be some sort of consent order at this stage?

The more questions paul asks, the more my replies seem abit weak for a good defence. The only defence i have is s78, which we all know, can be remedied in court, by which time, there will be costs added.

My mother can not afford to repay the whole lot, over 8k, she hasnt really got a lump sum to offer either, but she could afford a repayment of some sort.

Really, i need to weigh up her chances of success against her chance of defeat, and if its more likely she will be defeated, id rather sort some sort of repayment now before costs start to be added.

[Paul.]

Re: SXGuy's UE Diary

Just a quick question, whats the likelyhood of an admission and an offer of repayment in reply being accepted with no further action?

Have i missed the boat now, or do you think they would still consider it?

Would it need to be some sort of consent order at this stage?

The more questions paul asks, the more my replies seem abit weak for a good defence. The only defence i have is s78, which we all know, can be remedied in court, by which time, there will be costs added.

My mother can not afford to repay the whole lot, over 8k, she hasnt really got a lump sum to offer either, but she could afford a repayment of some sort.

Really, i need to weigh up her chances of success against her chance of defeat, and if its more likely she will be defeated, id rather sort some sort of repayment now before costs start to be added.

ok then there is a challenge that can be made to their letter.

Non compliance with the CPR Pre action protocols leaves the claimant in difficulty with costs.

let me have a think, ive got relatives over from australia so my time is very limited at present

[SXGuy]

Re: SXGuy's UE Diary

ok then there is a challenge that can be made to their letter.

Non compliance with the CPR Pre action protocols leaves the claimant in difficulty with costs.

let me have a think, ive got relatives over from australia so my time is very limited at present

Thank you very much Paul. Your advice is always much apreciated, i understand you are busy.

I need to serve them with a reply by 22nd December, so idealy, recorded delivery, i should send it out by 20th?

[SXGuy]

Re: SXGuy's UE Diary

Hi Paul, have you managed to have a think regarding how i should word my reply to their letter of claim?

Sorry to bug you, im just really anxous to get something sent off.

[Paul.]

Re: SXGuy's UE Diary

I think the most important thing to do, is to ask for a copy of the credit agreement upon which they will rely in the course of proceedings.

You have to remember that the CPR requires exchange of docs BEFORE Proceedings.

I would also say, something like, i made a request under s78(1) CCA 1974 on ...... no reply was recieved. The purpose of my request was to consider the excessivly high rate of interest applied to my account. At a time when i told MBNA i was in financial difficulties they increased the rate of interest by over 50% . Without my documents i could not consider if they were allowed to do this.

Also i would like you to provide me with the Default notice you intend to rely upon along with statements of account covering the period of the default notice too. I do not recall recieving a default notice in any event, although i was told by MBNA that this would be issued in any event and that i should ignore it in any event.
I believe the manner in which MBNA dealt with my account at a time i was vulnerable was unfair and gives rise to an unfair relationship and clearly without the agreement i am prejudiced.


I will draw the courts attention to this letter should you issue proceedings without disclosing the necessary documents which i have requested.


Something like the above could be worked into the letter i did for the other user, but do make sure you arent making yourself look a tit by quoting irrelevent parts of the CPR or saying they havent complied with the CPR iof they have

[SXGuy]

Re: SXGuy's UE Diary

Thanks for that Paul. I would need to re word it slightly, as they did provide an agreement last month after 11 months, but you may recall the recon terms are not those from the account due to missing paragraphs. So it would need to read something like, i received documents which were not a true copy as they ommit paragraphs mentioned within the prescribed terms, and without a true copy i am prejudiced.

On a side note, if I wanted to at least try and put them off from issuing any court papers at all, do you think i still have an opportunity to offer a monthly repayment?

[Enforcer]

Re: SXGuy's UE Diary

How do you know if an account has been terminated? What paperwork should you get?

[SXGuy]

Re: SXGuy's UE Diary

How do you know if an account has been terminated? What paperwork should you get?

Your creditor should send you a letter of termination, basically saying just that, that the account is terminated, and they can also include reference to who the debt has been sold to if they wish, however i believe they dont have to.

Then you would also receive a letter from whoever bought the debt, saying it had been assigned to them.

I did get those letters.

[Paul.]

Re: SXGuy's UE Diary

Your creditor should send you a letter of termination, basically saying just that, that the account is terminated, and they can also include reference to who the debt has been sold to if they wish, however i believe they dont have to.

Then you would also receive a letter from whoever bought the debt, saying it had been assigned to them.

I did get those letters.

not always, Brandon v Amex said the default notice can serve as termination notice also

[SXGuy]

Re: SXGuy's UE Diary

Hi guys, little update with some good news attached.

Natwest Black have today confirmed they can not locate the agreement and is unenforceable.

All they sent was a recon T and C and current T's and C's, no application form whatsoever.

Also a letter confirming they are unable to enforce.

thats nearly another 15k

However, they have not terminated the account, the buggers sent a statement with a min monthly payment, so it looks like the wankers are gonna add a default to the credit file sometime in the future thus lengthening the time before it gets removed.

Either way, they can no spin for 15k.