Hi twofoot,

I will send letters on monday to MBNA to confirm who has the authority to collect and make settlement offers on their behalf. I think if they do not agree to the terms in my letter ie; set balance to nil and confirm that the debt will not be passed on or sold to any related or 3rd party company, then this must be just a ploy otherwise what is the problem with agreeing, right?

If this is the case I will simply inform them that the offer will be avilable under these terms for a further 10 days before being offered to my other creditors.

Hi Pinky, you make a very good point about whether AIC are legally entitled to ask for payment. I will request confirmation of this in writing from both AIC and MBAN but MBNA refuse to speak to me stating that I must speak to AIC who own the debt (AIC, however have stated that they do not own the debt and are merely tasked with collecting).

I understand your viewpoint on why I am trying to make any payments, but for my health and sanity I need to close this debt off if possible and if a short/partial settlement is a valid option then i'm open to exploring it.

Hence, why I am seeking assistance in ascertaining whether this is just a ploy or a good way (if you can raise the funds) to end the debt.

My dilemma is if they agree in writing to set the balance to nil and not to chase me in the future or pass to a 3rd party, is whether to believe whether that would be the end of the matter or if it is just another ploy whether the courts would view favourably on me and my copy of the letter making these claims....

Thanks DCA and dotty, yes tried to CCA a couple of years ago, and have been paying £30per month without hearing a peep out of them. But I feel this debt is affecting my life choices and future plans.

I have a CCJ from Natwest, so I am not concerned about having a partial settlement recorded on credit file, but I just dont trust MBNA and wonder whether a court would find in my favour if they agreed to marking the outstanding balance as Nil, and stating that neither they or a third party would chase the debt and then chased the remaining debt.

Hi all,

Its been a while since I have posted on here, but am wondering whether anyone can offer me some advice on MBNA's Partial/short settlements.

I have been given the 'opportunity' to pay £4,300 to clear a £10,500 debt. I think my mum will help with this.

Brief history; ill health during pregnancy, premanture child, made redundant, resulted in lots of debt.

My problem; I am very concerned that after I make this payment, MBNA will simply sell this debt on and someone else will chase the debt. Do you think the letter below will cover this; would a court for instance find favour with me if someone did pursue this debt a later stage or am I simply wasting my time.

My credit file is shot to pieces and am fed up of having this debt hanging over me so I am not too concerned about having a partial settlement showing on my credit file. I really would like to move on with my life, (copy of letter below) please advise.

Allied International Credit (UK) Limited

Anderston House

389 Argyle Street

Glasgow

G2 8LR

22 March 2010

Dear Sir/Madam

Reference Number: 000000 MBNA

I am writing with reference to the money which you are claiming on the above MBNA account.

Regarding our discussions regarding the options of settling this account over the telephone. I confirm I may be able to raise £4,300 to offer an ex-gratia payment in return for a partial and final settlement of the account. This payment would be made by internet banking via a 3rd party.

This offer is made on the clear understanding that, if accepted, neither you, any associate company, any debt collector or other third party will take any other action to enforce or pursue this debt in any way whatsoever, that no other payments will be demanded and that I will be released from any liability.

I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" and the balance set to £0.00/nil.

This offer is available until April 15th 2010. Payment can be made before 31st April 2010, if I receive your written agreement of this offer on or before 15th April 2010.

I apologise for any inconvenience to you but to ensure that there is no future confusion or misrepresentation written confirmation on the above is required.

I look forward to receiving your reply in writing.

Yours faithfully

MBNA

CC. MBNA

Hi Fred,

Nawest have succeed in getting an order from the court asking me to clarify why exactly I deem the charges to be unfair but only on a 'legal basis'. I have stated that I deemed them to be unfair under the unfair terms consumer contracts regulation 1999. However since the OFT case I just wish to check this is still acceptable.

So I have NOT arrived at this point with no answer to this question I am merely trying to find an acceptable way of presenting this infomation the court.

thanks clowders

Thanks for your response Doc, I have read through the threads but am trying to put the legal basis into one sentence as this is all I have room for on the form. I think I may have to check whether the court will accept the legal basis on a separate piece of paper as I can's condense it.

Please can someone advise what the actual legal basis is for reclaiming Natwest overdraft charges as I need to present this to the court.

Please can anyone advise what the legal basis is that makes Natwest's overdraft charges unlawful and/or unfair. thanks clowders

Thanks Palomino, I'll speak to the court tomorrow, to see whether they can advise, otherwise I do the seconc claim. thanks again.

Quick question. I have been asked by the court to state why I feel I should have the charges refunded. In light of the test case lastest update should i state due to unfair penal charges. My account was opened in 1999 but upgraded to a advantage gold account in 2003.

thanks clowders

Hi all,

I am currenty part defending a claim against natwest, but they have just sent me some figures which show the charges amount to £4,000 rather than £2,000 i am claiming for. Is is possible to change the amount? The defence case has not be allocated to court yet. Their claim has been settled as I admitted I owed them £3,800.

Also if I can change the amount to £4,000 and I win can I get the CCJ removed as they would owe me more than the debt. (CCJ was enforced 20th Jan 2009)

thanks

Have just also been advised that the Unfair Contract Terms Act 1977 applies.

comments please

Please can someone tell me, whether overdraft charges come under consumer law. I'm in court tomorrow and am trying to dispute the debt under both the terms of the Consumer Credit Act, 1974 and the 1999 Unfair Terms in Consumer Contracts Regulations (UTCCR), that the banks charges were unfair.

Brief scenerio: owe 6k, 1.5k of which are OD charges. brought on due to inability to work due to hospitaised premature baby. action started as I when £80 over OD and natwest demanded the whole lot.

Bumping!

Darryl, Thanks for the info. Very much appreciated. Just concerned that without 'valid' point of law my case is weakened.

Hi, Can someone please advise whether default on an overdraft count as well?

NatWest defaulted me for exceeded my overdraft of £5,000 by £80 and not repaying it back in full. but £2,500 are made up of charges.

Is the default notice in valid?

For the past year I have been trying to get Natwest to agree to reduce payments to clear my Overdraft to no avail and it has resulted in court action.

Two years ago I got into difficulty, primarily as I had a problematic pregnancy which resulted in a premature baby who has had numerous health issues over the past two years. Natwest were fully aware of my situation and financial difficulties as I had wrote to them on numerous occasions.

Initially I went £80 over my OD limit and Natwest requested the full OD repaid immediately which I could not do. The particulars of the case are: My overdraft limit is £5,000 but I now owe £6,000 (including court costs).

I part admitted the case as I do owe them money but considering at least £2,500 is made up of charges I also filed a part defence for this amount, on the basis that if Natwest didn’t keep charging me and adding on interest on these charges I would not be over my overdraft and also that they have not adhered to the banking code in regards to people experiencing financial difficulty, especially since all my other creditors have accepted reduced payments and in some instances refunded charges and reduced interest rates. I also stated that since Natwest had informed me by letter that they would not refund the bank charges as they were awaiting the decision from the high court, it was unfair that they are now claiming this money back when they themselves acknowledge it is in dispute (due to the high court case)

Natwest solicitors however state that I do not have a legally recognisable basis for the claim and therefore no defence.

I have now received a letter from the Court advising that a allocation hearing will take place on 20th January 2009, where it states “a set of draft directions and a case summary MUST be available for the judge at the hearing”.

Does anyone know of the legal points in relation to my defence, as I know there must be at least one, otherwise how can a case get to the high court?

Also can anyone please help me with what I do next, should I obtain an up to date list of charges, payments I have made, copy of original bank account and overdraft agreement or is it too late for this now?

Any advice is gratefully received.

It is an N1 CPC form.

INCASSO LLP are natwests solicitors

Not near a scanner at the moment.

Its for an overdraft. I tried to claim the bank charges back but even the standard response that everything is on hold pending the judgement.

As far as I can see it is the standard Claim form (blue & white)

The particulars of the claim: The claimaints claim is in respect of monies due to pursuant to an account maintained with the client. and the claimaint owes £6,000.

No other information on it, except to detail my response:

Admit amount owed and want to pay it

Admit part of amount claimed

Dispute whole claim

Hi all,

I haven't been on here for a while as all my creditors seem to have accepted my reduced payments. However Natwest are taking me to court to claim back the money I owe (£6,000). My charges refund application has been stayed.

I have recieved the claim court today (northampton) and i'm very embrassed to say have been very tearful, mainly as I thought my creditors have finally accepted my payment offers only to find out otherwise.

Anyway, I have been advised by the national debtline that the court will most likely not accept any monthly payment I put in. ( I can only afford £15 per month)

Please please can anyone advise on this and if this is the case whether they'll be able to take my house.

Steven, thanks for the advice.

It has relieved a lot of stress and worry. I will read upon the points you've raised and continue the battle with MBNA.

Thanks again

Thanks dpick.

Will draft them a letter giving them 7 working days to comply before starting court proceedings.

Hi all

MBNA have now gone from pretty pink envelopes with 'we care' letters to hard line letters stating that they will no longer discuss the fact I am stating my CCA is unenforceable.

They have also stated that they will not discuss the matter of my CCA being unenforceable any further and refuse to correspond on the subject.

This is making me very concerned that the CCA is infact valid as I have not seen MBNA take this stance on any other post.

Steven or anyone else out there, have you come across this before? is it scare tactics or do you think it the CCA could infact be valid.....?

Thanks

Hi Lula,

yes on both counts.

Unfortunately, I can not post a reply from MBNA as I have not even received an acknowledgement. They have just ignored it. I have complained the information commissioner and sent numerous complaint letters to MBNA without any response.