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Everything posted by Tristesse

  1. Probably a stinking letter back stating that you have to pay etc but stick to your guns as the others have said they cannot enforce this debt. If they do reply badly as I predict state it again in writing. If they continue to harass you about the money there is a template on here which will sort that one out. I would also demand the payment you made back or if it was a debit or credit card attempt to get the bank to reclaim it. The bank will probably want a good reason so someone will have to back me up here could it be considered fraudulent? Nothing is owed as the debt is not recognised under UK law could be an angle to go for a refund with?
  2. Your very welcome let me know how it goes and don't let it worry you at all NTL are well known for billing problems somehow there system can't accept that someone doesn't owe anything.
  3. As for charging them for your time I would write to NTL about this. (Probably complaints or something) and inform them this has caused you time and stress and you are perfectly entitled to take legal action against them in a court of law. You'll probably get a goodwill payment my brother had the same problem and they sent him a cheque for £50.
  4. Phone NTL and tell them that if they don't provide the information to the debt collection agency that there is nothing owed then you will deal with it as Harassment, call trading standards and inform the police that they are attempting to extort monies out of you. Send the DCA a copy of the documents from NTL and demand that they discuss the matter with NTL only and any further Letters / Calls will be deemed harassing as you owe nothing and will be passed on the authorities.
  5. Hi I'm wondering whether or not i should tempt fate by starting a claim against HSBC for the charges on my Current Account / Credit Card. The only difficulty is that recently I had a drop in finances and HSBC set up a new loan on 0% to cover my Credit Card and existing Loan with them on a pro rate basis. Will starting a claim rock the boat? The amount I owe them is probably very close to the total charges they've added over the last six years so perhaps if the claim is successful it won't particuarly effect our agreement as surely they will just use the refund to clear this? Many thanks
  6. Did he gain access to the shed? If she hasn't signed anything then keep paying the cash direct to the council, I'm not exactly sure but if he hasn't be able to carry out an inventury then he could be blagging.
  7. A small update I sent all the information to the number and also posted it by recorded delivery just for good measure. Thus far I haven't got anything back and whilst I was out yesterday I had a phone call to my house. Now the wife tells me he sounded pretty British so i'm not sure whether it was a debt collector (normally they're from an Indian call center). I might try and ring there 'debt management' department later and see what they say. Had no official reply from Micheal Rhodes but until yesterday I hadn't received a single call from MBNA. We shall wait and see, next I'll be after the charges as I'm sure these are racking up. BTW did anyone see London's Metro paper last night? It claimed over 50,000 people had claimed charges back and from their studies not a single one had gone to court. Hopefully someone will have the article at work today and i'll scan it and up it. Cheers
  8. I also started using mine as a source of income which resulted in alot of debt as well which is ok whilst you can afford the repayments but as soon as you can't oh dear. Firstly you need to work out how much you can afford to repay. Set up a little spreadsheet and calculate everything you spend on. Whatever you do make sure it is relistic and that you have included everything (including birthdays, haircuts etc). Take this away from earnings after tax and you have the amount. Then write all of your debts. If they are credit cards and loans, store cards and the like these are not priority if you have rent of council tax arrears or water, electric or gas these must get sorted out first so in your spreadsheet the amount for your cards will be the spare cash less the priority debts. You then have two choices using a debt management company (not one you see on TV they will charge) or write to the creditors youself which I am doing (alot of work and strain). Check out National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000 - Good advice and they will pass you onto a debt management company. Free Debt Management company | Payplan - A free debt management company (you need to be able to pay back £100 or over a month with them I think) If you go solo and write to the creditors you will find loads of help here and at the nationaldebtlines site including letter templates etc Lastly if you can't make the repayments you can't make them so don't worry to much about your credit rating, I didn't want defaults etc either but I certainly didn't want homelessness and one far outweighs the other.
  9. Certainly does, haven't had any calls today thus far so maybe they have taken notice of the harassment letter. Just for good measure I made a complaint to watchdog. Acording to people I spoke to at the National Debtline and Payplan MBNA are one of the worst people to have any debt with so hopefully a few people have complained to watchdog and we can get it dealt with. I for one would love to see one the them **** squirm on TV.
  10. Very well put, just a small update it looks like the email i sent to Micheal Rhodes might have had some effect. I recieved one call yesterday from the debt collection agency. Said exactly as posted (debt in dispute etc) he then asked if I wanted to speak to his manager haha no chance didn't want to talk to any of them. Anyway later on I get a call from MBNA the lady saying she was part of the senior team (can't confirm this unfortunately, can't find where i wrote her name down) and stating that we needed to sort this out and get reduced pro rata payments in place. I said that was my aim however i'd sent all of the information required and had nothing back. She gave me a fax number to resend the information to on monday morning and then her team would take a look at it and sort something out. She asked me about the call I received from a supposed Manager last week and apologised (which i said i would like in writing I won't hold my breath). She also said that there wouldn't be anymore harassing phone calls but we'll have to wait and see on that. Anyways i'll fax the information through first thing monday morning and I'll let you all know what happens. Cheers
  11. Well I must say I personnally feel a million times better than the first time I posted here and I cannot state my thanks to you enough for the help provided. I shall again use your advice which hasn't failed me to date. I know this sounds pedantic but how on earth people in these call centers justify there belittling and rude approach to people who were deemed customer up until the difficulties started is completly beyond me. Its sad as people without internet access etc pointing them to this and other forums must feel just as depressed about it as I have been and its no way to live.
  12. Letter sent will let you all no if I get a reply highly doubt it but I put some legal stuff in about the harassment so hopefully it will get some notice. Have also sent it via recorded post. As I clicked the send button MBNA again called me at work (3 times today) but this time said it was GFI or something acting on behalf of MBNA anyone heard of them? Are they a debt collection agency? Cheers
  13. Thanks will take a look and get the ball rolling. I was just wondering seeing as MBNA's staff who have contacted me thus far have been completely unhelpful might it be woth a go emailing the man at the top with all of the details I have provided them (personnel expenditure form, Pro rata offer etc) and ask if he could review them instead? I believe this man Micheal Rhodes ([email protected]) is heading the operation at the moment. I doubt it will work but have to get something moving. Cheers
  14. Thanks again for all the advice it really is making me feel alot better about the whole situation. I've posted all of the stuff today and if they ring tonight (which they will) I will simply read them the letter i've sent and end the call. As my debt is very recent I haven't actually actually missed many payments however the trouble I am having now is that the interest on the Credit Card has put it over its limit so now each month I am getting a late payment charge, over limit charge, plus a whole loada interest. Do you have any ideas as to how to stop this as I only owe £2500 on the card but after 2 months its upto nearly 2800. I have requested many times for interest and charges to cease but the pro rata offer has been both rejected and accepted over the phone and nothing is happening. Could i try inviting them to take me court? Also i know this sounds really stupid but this month I will make my pro rata payment regardless of its acceptance how do I go about this? I don't have a cheque book so cashiers cheque from my bank? Thanks again
  15. This is awful and I've posted a thread about harassment from MBNA in another part of this forum in which I was advised very helpfully to inform them in writing that they are breaking the law. Put this to them: 'As I am sure you are aware Harassment of debtors is a criminal offence in England and Wales under section 40 of the Administration of Justice Act 1970. Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003 In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997.' Demand that all communication from here on in is throught letter and if after they receive the letter they phone again call the police. Furthermore this is very clear harassment and I would contact trading standards imediately.
  16. Many thanks for your replies. I have drafted a letter: Dear Sirs, I am writing to inform you that as of today 23-11-06 I will only be dealing with communications from your company in writing. This is due to members of your staff harassing me over the telephone and not acting towards achieving a solution to my current financial problems with yourselves, but indeed adding to the problems by leaving me further depressed about my debts. I have documented dates and times of previous calls which I deem to be harassing and will accordingly forwards these to Trading Standards. As I am sure you are aware Harassment of debtors is a criminal offence in England and Wales under section 40 of the Administration of Justice Act 1970. Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003 In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997. I am in no way attempting to block any written communications from you and will continue to fully cooperate with these. I have also attached another copy of my pro rata offer for repayment, a copy of my personnel budget sheet, and a copy of the tax credits form showing my greatly reduced payments. I would like to note that in relation to my offer of a pro rata my other creditors have accepted. Yours Faithfully Does this seem ok? I wasn't exactly sure what to put but I thought that as they had been constantly asking me to tell them the details from the personnel budget sheet etc over the phone (which they always have in front of them) perhaps they'd like another copy. Thanks again
  17. Many thanks for your reply Andrew. I will write a letter today and send it recorded asking for the intimidating phone calls to stop. I know MBNA record there calls so might it be worth my while requesting that they send me the recording of the call in which they state they will send the baliffs round and accuse me of commiting fraud? Surely this can be obtained under the freedom of information act and I will pass it on to trading standards. As for the charges and Interest I will try what you have suggested and see if they respond in any way. The biggest risk i'm running at the moment is that HSBC might deem it unfair that they are not charging and MBNA are and perhaps add there own putting me back to square one. Can they do this? Also the 'manager' stated to me that the minimum he would accept was £60 pcm and this would not cover the card only the loan. There is absolutely no way i will be able to make this as the pro rata offer to them including the card is £45. If they do not move on this is there anything i can do other then wait for them to get a CCJ against me and the court to accept the £45? The debt management department within MBNA already stated that they would accept the £45 payment so where I'm a little confused is why a manager then contacts, harreses and says he won't? Surely this isn't good practice. Many thanks again for your advice
  18. Hello there I'm new to this forum and you will forgive me if i have posted this in the wrong place. Very recently my partner and I were subject to the tax credit fiasco (losing them due to an apparent overpayment). These formed a very significant part of our income and as such I could no longer afford the repayments on my Credit cards and Loans. I immediately sought advice from a number of very helpful charities and subsequently wrote to my creditors asking for reduced payments and acceptance of a much lower pro rata payment for the monies i owed, i included a full budget sheet. One (HSBC) responded superbly refunding all charges that had been added and setting up a new payment on 0% interest even giving me until January before the much lower payments commenced. The other (MBNA) at first responded well asking me to send the tax credit form just for verification and that would be that. (The lady even stated on the phone that all interest had been frozen from that day forth. This was far from the case). After several weeks of sending the form I have recieved no reply and they state they havent recieved it. I'm currently getting 3 or 4 phone calls a day demanding high payments and to cap it all yesterday a supposed manager contacted me demanding to know my pro rata offer (which i know he had in front of him) and demanding to know what I'd spent the money on, what assets i held and then ranting about how he was going to investigate me for fraud eh? He also stated the balliffs would be coming. The trouble I am having is where to go from here. The charges with MBNA are building but they will not negotiate a lower payment. They simply do not want to know. Any advice would be greatly received. Many Thanks
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