I would acknowledge what has happened and offer to pay them what you can afford in istallments. But, as everyone else has said. the money wasn't yours and must be paid back.

he's got a meeting today, and we still have no idea of his position, anyone any ideas??

I also work for an agency, and we would have a valid case to charge the employer for taking you directly once we had made the introduction.

My friend has recently been rejected for voluntary redundancy by his employer, despite being told that he won't have a job in Spetember. I do not believe he will be be made redundant at this time, but he will basically be sat around doing nothing until they can find him suitable alternative work. He is aware that other poeple have been accepted, but we wanted some answers to the following questions before he goes to his Union, and I can't for the life of me find anythin on the net that helps. If anyone can assist, it would be greatly appreciated. Are you within your rights to reqest information pertaining to the selection / rejection process? (my friends believes that they offered lower value packages to people who would accept them, despite not being in the same "no job in September" situation) in order to achieve their headcount lowering targets. Is there a legal 'right of appeal' in cases such as this? He is really upset by this and had made various plans when given the impression that his initial application was accepted. Cheers

I am no expert, but as far as I am aware, if you were invited to a disciplinary meeting you shouild have been given 48 hours notice, and have been told the reason for the meeting before it took place. I am also of the understanding that you should have been offered the opportunity to have a witness present, in the form of another employee or a Union Representative. As I said, I am no expert, but this is my understanding, and if I am correct, you would have a valid case for an employment tribunural Good luck!!

Thanks again fro your help Scales tipped!

It's as honest as I can make it when there could be prying eyes of MBNA watching over us.... I have sent you a PVT message with some ommited info cheers

Thanks for your thoughts... I can't find the income/expendature spreadsheet? Any idea wher eI can find it? cheers, Ian

had the same thing with them. They said I "agreed to PPI over the telephone". I didn't, and never take out PPI, so I know I haven't. They basically said on the phone that the call would not have been recorded, so this is more ammo I can use. I am sending an SAR, will also mention the, and also request the CCA. The more strings I have to my bow, the more likely they might be to negotiate a settlement. Do you know what sort of precentage they settled on in your friend's case? (thanks for your input - much appreciated)

Will do :o)

I did have PPI on Virgin, whch I don't recall ever asking for. I removed this in 2007. I also claimed my charges back in early 2007 from MBNA and Virgin, so I guess I could go down that route again. I guess I am hoping that by sending and SAR, CCA and my "can't pay any more" letter, they will realise that they are better off settling with me, than dragging it out and forcing me down the CCCS, IVA or even Bankruptcy route. Are they really stupid enough to try and get me to pay them off in full, when my outgoings are obviously higher than my incomings? I've seen a thread on here somewherte where they offer to "settle", so I am hoping they are wise enough to do the same with me. As for "partial settlements" and "re-structuring" the remaingin debt. As far as my incoming / outgoings is concerned, even without paying them anything, It still only leaves me £150 a month to live on. So, I don't know what else they'll think they can get out of me. I guess time will tell...

The thing is that I intend to pay my other creditors their minimum / contractural payments. MBNA and VIRGIN are the biggest rocks around my neck, as I pay them so much, but the balance never goes down. Am I getting into dodgy ground by only (not) paying MBNA their minimums? I agree with what you say though. I will send them a letter indicating that I am unable to maintain payments any longer, and also request a CCA. I don't want this to drag on for months/years like some seem to. They will hopefully not be able to produce an enforcable agreement, then I can make them an offer. did you see the letter they sent me (above) seemed a bit odd i thought... Thanks for you help

Ok, this is the letter I intend to send to MBNA / VIRGIN shortly. I would really appreciate any feedback at this point. If I mess this up now, there will be no going back. Cheers! MBNA Europe XXX XXX XXX Blah blah Date: Dear Sir /Madam, Ref : Card No: XXX XXX XXX XXX & XXX XXX XXX XXX I am writing to advise you of a change to my circumstances which is going to prevent me making the minimum payments against these agreements. I have recently separated from my long-term partner who has been contributing quite a substantial sum of money to my outgoings for the last 5 years. The sudden loss of this additional money has left me in a very unstable position financially, and I am currently seeking advice as to whether to pursue an IVA in regard of my creditors, or whether to consider bankruptcy, being as my situation is somewhat dire. I am pre-empting your request to details my incomings / outgoings below (these do not include essentials, such as food, clothing, Petrol etc.) In: Regularity: Value: Employer Pay Monthly £blah Total: £blah (net) Out: Regularity Value: Remaining (appx): Unsecured Loan 1 Monthly £blah £blah Unsecured Loan 2 Monthly £blah £blah Unsecured Loan 3 Monthly £blah £blah Unsecured Loan 4 Monthly £blah £blah Credit Card 1 Monthly £blah £blah Credit Card 2 Monthly £blah £blah Credit Card 3 Monthly £blah £blah Credit Card 4 Monthly £blah £blah Credit Card 5 Monthly £blah £blah Credit Purchase 1 Monthly £blah £blah Credit Purchase 2 Monthly £blah £blah Rent Monthly £blah Ongoing Total: £blah As you can see from the above, these outgoing exclude the minimum payments I have been making to MBNA and Virgin credit cards, totalling £300 per month. This, incidentally, is not reducing the balance at all. I am currently over the limit on both agreements. It is also worth mentioning that the 5 credit cards listed above, and the payments associated, also reflect the minimum payments required each month. I goes without saying that a situation where the amount going out of my account is greater than that coming in cannot be sustained any longer, without the additional income. I want to avoid the situation where an IVA or Bankruptcy is initiated, but I am limited in my options going forward. My ex-partner is providing me with a limited sum of money at the end of September by way of a contribution to the debt generated whilst we were together. I am inviting you, as my main creditor to enter into discussions, so that we can reach an amicable agreement to settle this debt. I will also be looking for you to clear my credit file of any adverse information, and for the debts to be indicated as “settled” on these reports. I can confirm that I will receive £blah (CAG readers – this is equiv to 50% of the value of the debt)from my ex partner, and depending on how quickly we can resolve this matter, I am willing to agree a final settlement up to this amount. If we are unable to come to an agreement, then I will approach my other creditors with a similar offer. I will also be requesting a ‘Subject Access Request’, and copies of my ‘Consumer Credit Agreement’ in separate correspondence. The latter being to ensure that your agreements are enforceable. Please note: I have been advised to continue all correspondence in writing only, therefore, I will not be willing to discuss this by telephone at any point during this process. I hope that we are able to move forward on this together, for both our benefits. I look forward to hearing from you at your earliest convenience. Yours sincerely, Mr TETSUO Sooo, what do you think???

Hello? Back in 06/07, I've have had loads of supportive/informative messages by now...where's everyone gone?

Got a weird and unexpected letter from MBNA today. I don't know if this is cooincidence, but I phoned them the other day (before I posted this thread) and told them that I would be coming in to a bit of money in September. I didn't tell them where it was coming from (though they did ask) and I did mention IVA/Bankruptcy. This is what the letter said... *** Dear Tetsuo, Account: XXXX XXXX XXXX XXXX That you for your recent payment of £150, received on 3rd June 2008. As a result of your continued payments by our due date, we have restructured your account. Whilst this does not alter your current balance, it does mean that we have cleared your arrears and the Credit Reference Agencies will be informed that your account is now up to date. Please be advised this cannot be repeated. Arrears resulting from missed payments in the future will not be cleared in this way, and you will be subject to default charges as stated in your current terms and conditions. If you do not currenty pay by Direct Debit, this facility offers you the peace of mind of knowing your bills are paid automatically by your due date. If you would like to take advantage of this facility, please contact us on the telephone number of the reverse of your statement. Your Sincerely Sally Moron (possibly Moran?) :o) Head of Customer Service **** Funnily, It was also accomponied by a statement that shows I am still £500 over my limit and that they are still applying late fees and over limit fees, despite that fact I pay on time. I am not paying them any more. I can't afford to. They will be getting £5 each from me as of next month, as being able to eat has taken priority over this particular debt. Any thoughts...what are they playing at ? I might post the letter I am going to send them on here.....

Hi Hamish (also my Cat's name) The thing is that MBNA sniff around my credit files as much as they like. They will be suspicious about where I got the money from, whether my file is good enough to consider for a consolidatory loan, or to see if I am exaggerating my financial situation. They won't find anything to contradict what I am telling them, the money hasn't come from further credit, and they have well and truly contributed to my (currently poor) credit rating. I guess it is going to come down to how pig headed they want to be, and how brave I am prepared to be..... I have drafted a letter already, but am in two minds whether I want to post it on here. If anyone wants to see it, I can pvt msg them with it I guess? Thanks for you input Hamish - much appreciated!

I guess the main partof my plan is the inability to pay, and whether MBNA would rather walk away with something over nothing.... The SAR and CCa are secindary, but may come in usefull. It's exciting but a little scary also...

Hi all, I would really appreciate some advice or support from anyone in a similar position to me, or with the knowledge to help me get this right first time. I am about to launch a three pronged effort to get MBNA off my back once and for all. I have been paying over £300 interest on MBNA credit cards for a long while now, and the balance is not dropping (sitting at over £10,000), and I cannot afford to pay them any more. I am going to tell them that my circumstances have changed and that I can't afford to pay them any more, my £300+ payments are going to drop to to way below the minimum required, to say- under £100 per month. I am going to advise them (in writing) that I can no longer make minimum payments. I am planning to detail all my outgoings and incomings. The outgoing being greater than what is coming in. I intend to advise them that I am consdering an IVA or Bankrupcy, however... I have come into a small amount of money, say £5000 - £6000 and I would prefer to settle my debt with them , rather than go down the DCA, IVA or Bankrupcy route. If I combine this, with a CCA, and SAR do you think that MBNA would rather take, say, 50% of what the debt is worth to them, bearing in mind that they could end up with very little at all if they pass it to a DCA, or if I was to go for an IVA / Bankrupcy? They can sniff around my credit file all they like, they will not find anything on there that doesn't reflect exactly what I am telling them, and the money I have come into is not as a result of gaining credit elsewhere.... My questions... Am I wrong to reduce payments to below the minimum required? Is it adviseable to send the SAR and CCA requests (I am hoping to equip myself with more bargaining ammo here) Will MBNA negotiate, and clear my credit file, as well as marking the files as "settled" as part of the deal? Are there any holes in my plan that I have not considered? Any help, or advice would be gretly appreciated. Cheers

Everyone I know who has tried cancelling Lovefilm have struggled to do so...They are a nighmare!

I used to be able to find my way around this site really easily, but I can't seem to find anything now Thanks for the links guys! Much Appreciated. I have been trying to find threads along the same lines as my predicament, but without success....hey-didly-hoo! Thanks again!

I haven't used the templates in a little while and I'll be buggered if I can find the CCA template... Can anyone help ? thanks

I will send the CCA letter. They can snoop all they like into my credit files. Anything they see will show that I have more going out of my account each month then I have coming in. The money I am getting is untracable through any of my accounts, and is not through any other form of credit, so their attempts to trip me up will bare no fruit. By paying them as I do now (£150 on each card) am I making a rod for my own back? Should I drastically reduce my payments to them and get them worried? It seems that whilst I am paying as I do, they will probbaly be quite happy to let me carry on. I probbaly made a mistake telling them I am coming into some money....hmm.... I am happy with all the CCA and SAR stuff, but ammore concerned with how I play the settlement game. At the end of the day, I want them to think that getting a few grand out of me on each card is better than nothing at all....

I spoke to them today (after another letter) and they have said they would be willing to negotiate a settlement with me when I have the money in my hand. They wanted to know how much I was getting and where I was getting it from. I wouldn't tell them any of it, just like I won't give them my telephone number. I have already claimed back charges from them at the begning of last year, and am not sure I want to go through that whole process again. I let them know today that I know my rights and that I will go down this route if they refuse to negotiate. The woman on the phone did say that they would run a credit check against me before they did this.... I wonder why this is?? I may well apply for a copy of the agreement, as I was being charged for insurance on my Virgin card for a number of months and I don't believe I ever requested it. So, I think I will go down that route... Will keep you informed! cheers

Hi Guys! I have £10,000 on credit cards with MNBA and Virgin, and pay about £300 a month interest on these alone. I'm always getting charges, am always over my limit and have had enough! I am now in a position (due to coming i nto a bit of money) to pay them both off, however, I was wanderign whether any has ever negotiated a reduced sum to clear the debt entirely I was thinking of offering them £8000 to clear the debt... Any advise??? :o) Cheers

We are having a similar problem with SSE (under Atlantic brand) differing bills, we gave them a read, never heard from them, phoned them and were told that the account was clear. Then nearly a year later and no letters or contact from them. we get a debt collection letter and a demand for money which ismore than they originally wanted. The staff were rude and agressive and we aren't going to back down.