MBNA/Reston threating court action

**jason_mnm** · 20th December 2009 02:07

I took this Abbey icon

card (issued by MBNA icon

) sometime in 2001.. I had 4 account with MBNA.. I have paid off 3 accounts in usual way.. now this card only left for which MBNA been nasty and now threating me with court action through Reston knowing it will affect my career....
I am sure they do not have proper excecuted signed enforceeable agreement and also they have taken more than 30% interest icon

on my card for last 3 years... which is way above the usual APR of any credit cards...

MBNA first put me thourgh hardship plan for last 7/8 months, then suddenly Debt clear Recoveries send me letter and I replied them with payment offer per CCCS advice,, but they never replied back.. rather Reston send me letter with threating court action... but I know they are wasting time on me.. I will fight against them with your help...

I have another 6 card and two loan whom I owe well above MBNA.. MBNA comes on 7th last on my creditors list... Now Reston wants to take court action within 4 days.. plz advise what shall I do..

I know if i keep fighting with your all support I can win over MBNA.. Now I need your kind guidance..

**dx100uk** · 20th December 2009 02:58

so by saying ages ago, do you mean its not been used or have you been making payments etc looks like it so it cant be statute barred icon

?

30% for a card is reasonable compared with some today,

have you had default notice etc etc.

i think restons are only chancing their arm

they are a
DCA icon

they have
NO LEGAL POWERS
but can only write threat - o grams

cant see how they can do this with no DN nor a termination notice

4 days.....totally unlawful

dx

**jason_mnm** · 20th December 2009 19:02

Sorry I shouod have been precise.. I meant I took the card sometime in 2000, old card i meant pre April 2007... how can i change the title..

I had a DN from MBNA icon

but actually the card was from Abbey icon

, so do u think Abbey should have issued DN and also Reston should have acted for Abbey not MBNA.. guys I really need your help...

**jason_mnm** · 20th December 2009 19:05

Slick............ I need your advice... Do u think I should call Reston and explain they will waste time on me like Fairyblue case..

**dx100uk** · 20th December 2009 22:52

NEVER talk to DCA icon

's on the phone ever!

are you in a payment plan through people over these debts, or are you dealing with them

its quite typical for dca's to fire off demandingmore etc etc.
it to keep you on your toes

they can do nothing to you.

dx

**jason_mnm** · 20th December 2009 23:07

Thanks DX.. I am sending CCA request tomorrow to Reston.. lets see what they do.... should I send repayment offer per CCCS that was agreed by MBNA icon

before... I just checked Section 1(5) of the charging order Act 1979 (b) where it says if by giving charging order will result unduly prejudiced to other creditors then no charging order will be given.. also I hope they do not have my credit agreements.. We will see.. thanks again DX..

**dx100uk** · 20th December 2009 23:43

pers i'd ignore them.

dx

**jason_mnm** · 22nd December 2009 00:03

Thanks

**slick132** · 22nd December 2009 00:44

Hi Jason,

Ahaa, now I see from post #6 why you asked about whether one creditor can take action which may be detrimental to other creditors.

Do you have a link please, to the legislation you've quoted (good practice for your newly-acquired Linking Skills

).

**diddydicky** · 22nd December 2009 00:46

Originally Posted by dx100uk

so by saying ages ago, do you mean its not been used or have you been making payments etc looks like it so it cant be statute barred icon

?

30% for a card is reasonable compared with some today,

have you had default notice etc etc.

i think restons are only chancing their arm

they are a
DCA icon

they have
NO LEGAL POWERS
but can only write threat - o grams

cant see how they can do this with no DN nor a termination notice

4 days.....totally unlawful

dx

not quite sure how you work out that restons have "no powers"

they take a hell of a lot of people to court!!

**jason_mnm** · 22nd December 2009 00:53

Yeah they take people court and they cannot win and pay compensation to people like us... they waste their and our time on the expense of bank...as seen in Fairyblue case...If they do I will do same as Fairyblue and sue for undue consideration before taking court action...

Thanks slick.. learning from u.. it was from guidance of charging order.. I will try to find the link.. The lawyer of Reston called me today, I was busy, should I call him back and discuss the matter .. what do u think...

**slick132** · 22nd December 2009 01:14

Should you call him back.......... NO !!

He can put anything required in writing - no phone calls icon

, never.

Has your CCA request gone off to Restons. That should be all the communication that's needed just now.

Any penalty charges or PPI icon

on this a/c to reclaim.

I'll alter thread title as you suggested.

**diddydicky** · 22nd December 2009 01:15

POST 11/ - that may be the case- i was not defending restons- but they don't lose every case therefore i thought it important that a newby to the forum should not be given the impression that all restons can do is write letters- -they can be and often are quite formidable opponents and it is foolish to dismiss them out of hand

**jason_mnm** · 22nd December 2009 01:25

Thanks slick for being with me.. I was feeling helpless without your advice.. now I feel happy.. thanks again Slick.. Yeah I have sent CCA request with £1 postal order today... There is lots of penalty charge.. I do not know about PPI icon

...
Can you advise kindly 'How can i get them off for not going to court'...if they are sensible..

**slick132** · 22nd December 2009 01:30

Found the Charging order info in the Legal Issues forum Stickies, so no need for link, ta.

No probs, but there are many here who offer help and support and I hope they'll continue to assist you.

No Magic answers about avoiding court action, I'm afraid.

**diddydicky** · 22nd December 2009 01:34

youv'e had a DN, - have you had a termination letter or a demand to pay the whole of the outstanding balance of the account?

can you post up the DN (minus personal details)

**slick132** · 22nd December 2009 23:17

Hi Jason,

I now understand what you've been talking about re Charging Orders, Tomlin Orders, etc.

TBH, I don't see the scenario of "prejudice of one creditor over another" being of much help to you, certainly not yet anyway.

The obvious ploy will be to avoid any court action that could result in a CCJ and resultant payment orders of the court.

**diddydicky** · 22nd December 2009 23:24

whilst it is true that the court will generally not allow one unsecured creditor to gain an advantage over other unsecured creditors- some of whose debts may be a great deal more

in practice the other creditors generally don't bother objecting even if they are notified.

**jason_mnm** · 22nd December 2009 23:25

And how do I do that?

**jason_mnm** · 22nd December 2009 23:41

Slick can you kindly send me a link to Fairyblue case who won against Reston...

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Re: MBNA/Reston threating for court action for an very old card..need advise

Re: MBNA/Reston threating for court action for an very old card..need advise

Re: MBNA/Reston threating for court action for an very old card..need advise

Re: MBNA/Reston threating for court action for an very old card..need advise

Re: MBNA/Reston threating for court action for an very old card..need advise

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