Could someone plse advise if this letter is ok

Without prejudice

In reply to your letter dated ****

I wish to take this opportunity to resolve this issue amicably to avoid further costs and CCJ, but I am not willing to accept your charges, I am prepared to offer £*** in Full and Final settlement paid in monthly instalments of *** per month.

If accepted I require all credit reference agency files are marked ''SETTLED'' given that this is a full and final settlement I do not consider partial settlement is a suitable entry.

Any remaining balance will not be sold or assigned to ANY 3rd party.

The amount offered is confirmed as agreed between us.

May I suggest that a Consent Order or Tomlin Order may be the way forward for both parties

Not sure if I have to add details about about Full and Final at this stage

Thanks again Andy for all your help

B

Thanks for your reply CitizenB

The allocation questionnair has to be back by 11 Feb, I have only just received it.

B

Hi,

Help please, I have received an Allocation Questionnaire today, should I still send the letter Monday as planned saying that I want to resolve this amicably as Andy suggests, and wait for their response, before I send my allocation questionnaire. Confused

Thanks for any replies

B

Hi,

I am trying to put together a letter to send to Arrow, could someone please advise what the charges are for a consent/ tomlin order. I cant seem to find any info on this.

Thanks for your reply Andy

B

yet thats the usual MO for AG

 

dx

They have also said that should I wish to discuss the matter further to contact them in a bid to resolve this matter amicably thus saving further legal action and costs. I am thinking of sending a letter offering a payment plan, minus the charges I am reclaiming, as I don't want to add to the court costs, is this a good idea ?

Any advice please gratefully received

I have now received a response from Arrow Global, with a notice of change of solicitor, they are now using their in house litigation team, and they have requested documentation from MBNA and they will be in touch as soon as they have received it. They have also said that should I wish to discuss the matter further to contact them in a bid to resolve this matter amicably thus saving further legal action and costs. I am thinking of sending a letter offering a payment plan, minus the charges I am reclaiming, I don't want to add to the court costs. Advice please

Thanks for your reply Andy,

Sorry to ask again but do I still send a LBA to MBNA now or wait to see what the reply will be to my defence, ie: wait 28 days, which is 16 Jan.

This is not something I want to do New Years Day, but my New Years resolution is to get our finances in order.

Thanks B

Sorry but I am really confused now as the best thing to do.

I have added it into my defence, although I didn't add the exact amount I will be claiming.

It has been said earlier on in my thread that the amount I am claiming is not worth a counter claim, the amount hasn't changed, so does this advice still stand ?

So I will send a LBA letter to MBNA on Wed, unless anyone says otherwise.

Thanks B

Well I have just read my own thread again, as in Andy's post No 28 there is no need for me to send Prelim letter now as I have sent my defence, I obviously forgot that bit

Hi, dx100uk

Even if Arrow now own it?

Bump

Should I send letter reclaiming charges to the original creditor now (MBNA) or Arrow, or just wait for the 28 days.

Thanks B

Just to update my thread, I have now received letter acknowledging my defence, so they did accept my email.

Do I just wait for 28 days or do I need to send a letter to Arrow, stating that I am reclaiming charges.

Thanks for your help Andy

B

I couldn't agree more, I think I will change my user name to Last minute dot com

I will try to ring but I don't hold out much hope.

Hi Andy

I have emailed now with a statement of truth and a note to say what problems I had today.

We now wait to see what will happen and I cool down a bit !

Thanks again B

Ok I will email now, with the details you state

I also called Moneyclaim online at least 8 trimes when I did get through to a human they cut the phone off straightaway even when I was talking, and I know my phone works.

all other times engaged.

Thanks B

Hi Andy,

I dont have assess to a fax machine I'm afraid, I have posted it now, I was thinking of sending an email and write of the problems I have been having, to be honest I got so stressed I had to walk away from the computer, I acknowledged online but just could not log on today.

Thanks for coming back to me, was the defence ok?

B

Given up now trying to log in, now posting, what a waste of time, I will never rely on the moneyclaim website again, rubbish.

That meant to read 3/4 hr, still mad All that work for nothing

Well I have having a nightmare trying to log onto Moneyclaim online, does not want to know me at all, I now have 3/4 to go, have been trying all afternoon, help desk engaged all afternoon as well, does this mean I will now have a CCJ what a farce!!

Anyone got any ideas !!

OK have to send this afternoon as then I will be out of time, I will assume my defence is ok

unless anyone has got something to add

Thanks

B

Hi citizenB,

Thanks for your reply, No there was no payment plan in place with MBNA, we had to stop paying early 2011 due to reduction of earnings, we had to pay priority bills first, and there was nothing left to pay credit cards, this has been to lots of DC but now ended here, an agreement was set up with Arrow Global via Drydenfairfax solicitors to pay 1.00 per month for 3 months, that lasted for 5 months, we knew it could not last forever.

MBNA just would not entertain a payment plan or refund of charges, knowing what I know now, I should have just paid something, but I cant turn back the clock.

Thanks B

Bumping,

If someone could have a look at my defence please, I need to send tomorrow at the latest.

Any advice gratefully received

Thanks

B

Hi Andy Here is my defence, taken from some of yours and some I found ondifferent threads, could you check for me before submission tomorrow/tuesday

Particulars of claim………………

Defence

The Defendant admits that on or about 200….. (he/she) entered into an agreement with MBNA and which was an agreement regulated by The Consumer Credit Act 1974 (The Act). It is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant. Arrow Global

The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectively or at all.

Incorporated within the sum demanded by the Claimant are sums claimed late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers the incorporation of such claims is penal and unenforceable at law. Do I add the total amount of charges?

Further and in any event, by reason of the matters set out above and the requirements of section 87(1) of the Act, the steps taken by Arrow Global hereof were steps which Arrow Global were not entitled to take.

The Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

(d) copy of the credit agreement and any document referred to within it;

(e) default notice;

(f) evidence of assignment

(g) notice of assignment

(h) first and last pages of the statement of account relied upon

In the circumstances the facts and matters set out in the Particulars of Claim do not give rise to an entitlement to claim any of the relief now sought by the Claimant. The Claimant’s claim to be entitled to £4…. or to any other sum is denied.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Statement of truth

Many thanks

B

dx100uk, So I need to send a copy of the spreadsheet to the original creditor MBNA with a covering letter for clarity ?

Andy, Thanks I understand now, think I was getting myself muddled with defendant and claimant.

Thanks

B

Hi Andy

Ok, I thought I needed to send a Prelim Letter for reclaiming charges to Arrow Global as they own this now, but is this too late ?

Am I too add mitigation to the defence ?

Thanks

B