MBNA/Restons CCJ/ CO

[phatram]

Have you sent them the letter withdrawing license for them to visit you?

 

To be honest I think they mean phone call ?

In for a shock if its in person and Mr P is in, hes really looking forward to meeting them.

I will send the letter tomorrow though.

Thanks

[phatram]

This is on its way,

 

Dear Sir/Madam,

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

Yours faithfully

[phatram]

Todays offering number 1.

 

 

Customer Assistance Department

PO Box 30

Chester

CH4 9FD

www.mbna.co.uk

 

April 08, 2008

Dear Mr P

Re: Notice Of Possible Charging Order On Property

I'm contacting you in relation to your Abbey Credit Card, which is issued by MBNA Europe Bank Limited. You currently have an outstanding balance of £7,667.12. Despite numerous attempts to contact you, we have been unable to negotiate a mutually acceptable repayment plan.

As identified under the land registry title number XXXXXX, a preliminary investigation indicates that you are the joint freehold proprietor at the address on record.

You need to contact our office within the next 48 hours to resolve the issues in relation to your account. If you fail to do so, we may pursue a County Court action through your local Court and after obtaining a County Court Judgment, or, if you are a resident in Scotland, a Sheriffs Court Decree, ask the Court to issue a Charging Order against your property, or, if you are a resident in Scotland, an Inhibition being placed on your property.

If you are currently in financial difficulty and feel that you cannot maintain the minimum contractual payment, you need to contact Richard White on telephone number 01244 672355 extension 14068 as we may be able to set for you a reduced payment programme from as little as £63.00 per month.

However, if you fail to comply, we may have no choice but to pursue the action detailed above and you could be held liable for any legal costs incurred.

Yours sincerely

Mike Morrison

Head of Customer Assistance

[phatram]

And number 2,

 

 

 

 

Abbey credit card

PO Box 30

Chester Business Park

Chester CH49FD

Telephone: 08000 683 558

 

 

 

07 April 2008

 

 

 

Dear Mr P

Acc number xxxxxxxxxxxxxxx

The following options are available to you:

1 . Call and make a payment of your oldest arrears amount totalling £121.79, and see if we can set a future repayment schedule.

2. Call and we might be able to give you an interest free reduced payment

programme of approximately £74.63 per month.

3. Call and discuss the possibility of settling your account with a payment of

£2,985.16. If accepted, the account would register as a partial settlement; however

we'd not take any action to recover this amount.

4. Wait for a COLLECTION AGENT to contact you if we don't agree an appropriate

payment plan.

Options 1 , 2 and 3 are only available to you until Thursday 17 April 2008. After this date a DEFAULT will register on your credit file for SIX YEARS. Furthermore, your debt will be SOLD to a Collection Agent and recovery fees may be payable by you.

Our office is open Monday to Thursday Sam to 9pm, Friday Sam to 5pm and Saturday Bam tolZpm Caff 01 244 672355.

Yours sincerely

Mike Morrison

Head of Customer Assistance

The Abbey credit card is issued by MBNA Europe Bank Limited.

[phatram]

Todays,

 

mbna

 

MBNA Europe Bank Limited

Customer Assistance Department

PO Box 30

Chester Business Park

Chester CH4 9FD

www.mbna.co.uk

 

 

 

07 April 2008

 

Dear Mrs P

 

Ace number xxxxxxxxxxxxxxxx

The following options are available to you:

1 . Call and make a payment of your oldest arrears amount totalling £144.12 and see if we can set a future repayment schedule for you.

2. Call and we might be able to give you an interest free reduced payment programme

of approximately £117.21 per month.

3. Call and discuss the possibility of settling your account with a payment of

£4,688.40. If accepted, the account would register as a partial settlement; however we

would not take any action to recover this amount.

4. Wait for a COLLECTION AGENT to contact you if we do not agree an

appropriate payment plan.

Options 1, 2 and 3 are only available to you until Thursday 17 April 2008. After this date a DEFAULT will register on your credit fileJbx SIX YEARS Furthermore, your debt will be SOLD to a Collection Agent and recovery fees may be payable by you.

Our office is open Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday Sam to 12pm. Call 01244 674663.

Yours sincerely

Mike Morrison

Head of Customer Assistance

[phatram]

Have you sent them the letter withdrawing license for them to visit you?

Hi Steven,

would you please take a look at my hubbys thread about the charging order?

ta

Mrs P

x

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/122431-me-mbna-abbey-mbna-6.html#post1466227

[The GodMother]

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.

 

How exactly do they expect to obtain a CCJ without a CCA?

 

they really need a lesson in CAG

[phatram]

The charging order bit does worry my wife tho'.

[The GodMother]

this is the same letter as hubby recieved today.

 

Just remind me how they can legally do anything they are threatening without a CCA?

[The GodMother]

yes but they cant get a charging order without the relivant paperwork which basically means they cant do anything.

[Windywoo]

I'm in exactly the same position as you, phatram, no enforceable CCA, I have reported them to the FOS which is currently under investgation. Still receiving letters from them, haven't bothered to reply, just waiting for them to default the account and sell on! I shall then inform the new owners they have bought another turkey!!

[phatram]

Today,

April 07, 2008 Dear Mr P

account

I felt the need to write you this letter as your account is seriously overdue and I've not been able to contact you via the telephone.

Your total debt of £10,774.00 is due to be legally assigned to debt collectors at the end of this month. In view of this impending action, we felt it appropriate to complete a credit enquiry to gain a better understanding of your financial position. I was concerned to see that some of your other creditors are receiving regular payments.

You should be aware that before we assign a debt to a Collection Agent we register a Default on your credit file for six years. If this happens it will have a negative affect on your future creditworthiness. Even if you do not apply for credit in the near future, your current creditors may take action due tothe Default e.g. withdrawing the spending facility on a credit card, stopping a promotional interest rate or withdrawing an overdraft facility.

MrP please call me on 01244 672355 on receipt of this letter to discuss your options before it is too late.

Yours sincerely

Mike Morrison

Head of Customer Assistance

[phatram]

I was concerned to see that some of your other creditors are receiving regular payments.

 

Yes, this is because my "other creditors" are not ripping me off with an extortionate interest rate, and they also have the correct, legal documentation!

[The GodMother]

some of these ppl dont give up.

 

they must have spent a foutune on post and phone calls to ppl with unenforcable debts now.

[citizenB]

I was concerned to see that some of your other creditors are receiving regular payments.

 

Yes, this is because my "other creditors" are not ripping me off with an extortionate interest rate, and they also have the correct, legal documentation!

 

 

Did you tell them that you were paying your other creditors ?

[phatram]

No, I presume they have looked on my credit report?

[The GodMother]

well this is a tatic that a few companys have used b4 as they do look regularly at CRAs they cant legally asign the debt as a credit agreement is non existant.

 

If they have not looked at your CRA then it is a tatac used to make u think they have and to attempt to make u pay them.

[phatram]

Did you tell them that you were paying your other creditors ?

 

No definitely not.

[The GodMother]

Well what they have obviously done is said to you we are checking into you and we can see u are paying other creditors.

 

The main why they would be able to do this is by bank accounts as they have all the details of any payments made to/from this account and where they went to or from with acc details and everything.

[phatram]

EMAILS NOW,

 

 

 

 

Dear MRS P

We have previously communicated with you and advised you of the implications of not resolving the issue on your account. You now have a limited amount of time to contact us to agree a mutually satisfactory arrangement. Failure to do so will result in a Default being registered on your credit file, and one of the many recovery actions that we have referred to.

 

Contact us immediately on 01244 674 663, we will be available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

 

Please read, important information about e-mail security:

So you can recognise a genuine e-mail when you receive one we'll always quote the last 4 digits of your MBNA Credit Card number:

 

 

 

 

[ScarletPimpernel]

Please read, important information about e-mail stupidity:

So you can recognise an e-mail from genuine morons when you receive one we'll always quote 4 letters:- MBNA.

 

I had some silly e-mails too. I simply set up my email client to bounce them straight back with a message about unsolicited spam.

[The GodMother]

Nice one SP.

 

They are barking mad oh and up the wrong tree.

[phatram]

Re; Notice Of Possible Charging Order On Property

I am contacting you in relation to your MBNA Credit Card. You currently have an outstanding balance of £xxxxxx.xx

Despite numerous attempts to contact you, we have been unable to set a reduced payment programme that you are able to pay.

As identified under the land registry title number xxxxxx a preliminary investigation indicates that you are the joint freehold proprietor at the address on record.

You need to contact our office within the next 48 hours to resolve the issues in relation to your account. If you fail to do so, we may pursue a County Court action through your local Court and after obtaining a County Court Judgment, or, if you are a resident in Scotland, a Sheriffs Court Decree, ask the Court to issue a Charging Order against your property, or, if you are a resident in Scotland, an Inhibition being placed on your property.

If you are currently in financial difficulty and feel that you cannot maintain the minimum contractual payment, you need to contact Keith Jones on telephone number 01244 674663 extension 19216 as we may be able to set for you a reduced payment programme from as little as £100.00 per month.

However, if you fail to comply, we may have no choice but to pursue the action detailed above and you could be held liable for any legal costs incurred.

Yours sincerely

Mike Morrison

Head of Customer Assistance

[Cornucopia]

Re; Notice Of Possible Charging Order On Property

I am contacting you in relation to your MBNA Credit Card. You currently have an outstanding balance of £xxxxxx.xx

Despite numerous attempts to contact you, we have been unable to set a reduced payment programme that you are able to pay.

As identified under the land registry title number xxxxxx a preliminary investigation indicates that you are the joint freehold proprietor at the address on record.

You need to contact our office within the next 48 hours to resolve the issues in relation to your account. If you fail to do so, we may pursue a County Court action through your local Court and after obtaining a County Court Judgment, or, if you are a resident in Scotland, a Sheriffs Court Decree, ask the Court to issue a Charging Order against your property, or, if you are a resident in Scotland, an Inhibition being placed on your property.

If you are currently in financial difficulty and feel that you cannot maintain the minimum contractual payment, you need to contact Keith Jones on telephone number 01244 674663 extension 19216 as we may be able to set for you a reduced payment programme from as little as £100.00 per month.

However, if you fail to comply, we may have no choice but to pursue the action detailed above and you could be held liable for any legal costs incurred.

Yours sincerely

Mike Morrison

Head of Customer Assistance

 

Hello Mrs P, did they enclose a copy of your deeds aswell? I know somebody who has just received this exact same letter, enclosing his deeds!

 

I think that is outrageous and a complete breach of the debt collection guidelines. I suggest you report this to TS immediately and any other agency you feel like!

 

This appears to be a relatively new tactic, but with no enforceable CCA agreement, they wouldn't have a hope in hell of gaining a charging order, they'd have to get a CCJ first!

 

Regards,

 

Corn x

[phatram]

Thanks Corn

x