MBNA/Restons CCJ/ CO

[The GodMother]

re arange these words please

 

wrong barking the up tree.

 

That so take all of 2 seconds to explain MBNAs position.

[phatram]

Exactly what we thought.

[phatram]

But now an email has arrived.

 

 

Dear MRS XXXXXXXX

We would much rather come to an agreement with you directly than take further action however, you are leaving us with no choice. Due to regulatory requirements we will be forced to default your account, which will remain on your credit file for six years. A Default does not relieve you of the responsibility to repay the debt, which may be legally assigned to a third party for collection.

 

To prevent recovery action, please call an account manager on 01244 681 461, they will be available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

 

[ScarletPimpernel]

All standard stuff from MBNA. You could ask them to tell you which regulation requires them to default your account, but you won't get a sensible answer. Similarly, if you write and tell them that the debt is unenforceable by virtue of s.127 of the CCA 1974, their system will just keep on going, until they sell the account - then you can tell the new owner that they've been sold a turkey.

[steven4064]

E-mail them back and tell them that you will talk as soon as they prove you have an account with them by sending a sopy of a properly executed agreement. Tell them that, in the meantine, should they issue a default notice that would be an offence under s78(6) of the Consumer credit Act 1974, should they pass on information about you to a CRA or DCA, in the absence of an executred agreement, that would be an offence under the Data Protection Act 1998. Tell them that they should consider this message a notification under s10(1) of the DPA 1998 that they must not divulge data about you to third parties. Tell them that if they do not understand any part of this message they should consult a qualified solicitor.

[phatram]

How does this read?

Dear Sir,

May I point out that you have failed to comply with my CCA request, and in doing so you have committed a summary criminal offence. Until such time as you do comply, I will have no further communication with you. In the meantime, should you issue a default notice that would be an offence under s78(6) of the Consumer credit Act 1974, should you pass on information about me to a CRA or DCA, in the absence of an executed agreement, that would be an offence under the Data Protection Act 1998. You should consider this message a notification under s10(1) of the Data Protection Act 1998 that you must not divulge data about me to third parties. If you do not understand any part of this message you should consult a qualified solicitor.

Regards

[steven4064]

I would just change to "...failed to comply with my request under s78(1) of the consumer Credit Act 1974..."

[phatram]

Thanks, email sent.

[phatram]

ABBEY Customer Assistance

 

Abbey Credit Card

Customer Assistance Department

PO Box 30, Chester, CH4 9FD

www.abbeycreditcard.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7 March 2008

Overdue Account Number:

 

Abbey Credit Card is authorised and regulated in the UK by the Financial Services Authority and subscribes to The Banking Code

Call immediately:

01244 671026

 

 

 

Dear Mr XXXXXXXX

 

 

 

 

 

 

 

 

What you must do without delay:

 

 

Mr Xxxxxxxx,

I haven't given up on you

Although your financial difficulties seem to be getting more and more serious, I'm still hopeful that we can sort out your credit card account and avoid the need for legal action. We will only take Customers to Court when all other attempts to resolve their accounts have failed. In your case, Mr Whitmore, I am prepared to make another attempt to help you.

Can you please call one of my account managers on their direct line -01244 671026 as soon as possible, and not later than 9pm on Wednesday 19 March 2008. We can then discuss writing-off a proportion of yourfull balance, or setting up a Reduced Payment Programme.

If you don't call by 9pm on Wednesday 19 March 2008,1 will have to assume you are not interested in being helped and I may pass your account to our Solicitors,

Once in the hands of our Solicitors, we will seek to obtain a County Court Judgment (CCJ) that could result in the following actions can be taken against you*:

1. You may have to make a personal appearance in Court

2. Your employer may be asked to pay us directly from

your wages

3. Your account could be transferred to a firm of Debt Collectors

4. You may be forced to settle this debt from the equity in

your property

5. Your credit rating will be severely affected for the next

six years

6. Bailiffs may be instructed to remove and sell your

belongings*

Please don't waste this opportunity.

Mike Morrison

Head of Customer Assistance

 

 

 

 

One of my managers is ready for your call.

 

Don't ruin your lifestyle

Using credit is something we all take for granted. It becomes part of our lifestyle. We use credit for all types of things like food, petrol, housing, transport and entertainment.

But what will your life be like if your credit worthiness hits rock bottom? No reputable lender is going to take a risk on you that's for sure.

So how are you going to maintain your lifestyle? Well, you are going to have to use cash much more, and when you want to buy something you will have to save your pennies - like you did when you were younger.

Could this be your new best friend?

 

There is a picture of a pig money box here!!!

 

 

 

 

| Call us today on: 01244671026

 

 

Please have a Debit Card (Switch or similar) to hand

48830 Abbev Credit Card/336 Registered Office: Abbey Credit Card, Stansfield House, Chester Business Park, Chester, CH4 9QQ. Registered in England No. 2783251

[phatram]

Bankruptcy costs more than just money

 

 

 

Some people think that Bankruptcy is an easy way out of problem debt But if you end up being petitioned for Bankruptcy, it could cost you a significant amount in admin fees alone - plus all your saleable assets.

More than that, it could cost you all these valuable things:

 

 

Money worries can affect your relationships

 

Bankruptcy takes time, it's no quick solution

 

 

Your financial privacy could be lost in Court

 

You might lose your property to a Bailiff

 

 

Stress of it all could stop you from sleeping

 

Your anonymity will be lost through newspaper reports

 

 

 

 

 

 

 

 

Is this your final answer?

If we have to take you to Court, what problems might be facing you then?

 

 

 

 

 

 

 

A: Attachment of Earnings

C: Charging Order

 

B: Warrant of Execution

D: Petition for Bankruptcy*

 

 

 

 

-'•-

 

 

The answer is ANY OF THE ABOVE. But why let it come to that? You still have a lifeline left - phone us. We want to help you, but you'll have to hurry. Time is running out. Call us on 01244 671026 now.

 

 

 

Glossary

 

 

 

Attachment of Earnings*

!f the creditor secures a County Court Judgment (CCJ), this order can force the debtor's employer to make deductions from the debtor's earnings and pay them to the creditor

Bailiffs*

Bailiffs are officers of the court, who can be used by creditors to enforce judgments by collecting debts and repossessing property.

Bankruptcy

Bankruptcy is a legal procedure for dealing with debts which you cannot repay.

 

Charging Order*

This secures the debt on your home following the issue of a County Court Judgment (CCJ), usually with conditions concerning payments. A charging order has the effect of converting an unsecured debt into a secured one.

Credit Rating

A credit scoring system used by some lenders, which gives points to items of information given on your application form when applying for credit.

County Court Claim

Initial form sent by the court to a debtor when a creditor initiates court action.

 

County Court Judgment*

A County Court Judgment (CCJ) gives details of the court's decision regarding a creditor's attempt to recover a debt in a civil court, if successful.

Default Notice

This must be issued by creditors in respect of debts covered by the Consumer Credit Act 1974 before any legal action is taken.

Individual Voluntary Arrangement*

An Individual Voluntary Arrangement (IVA) is a legally binding agreement supervised by an Insolvency Practitioner.

 

Default Fees

Fees added to the amount owed by the debtor, for example, when payments are late and where such fees are allowed for in the credit agreement.

Reduced Payment Programme

We'll release you from your obligation to pay the minimum amounts required by our standard terms on the condition that you make reduced monthly payments. We may also suppress interest and fees on your balance. Please be aware that if you do not make the reduced monthly payments, you will immediately revert to your current terms and conditions, which means you will have to pay

 

your standard minimum payment, pay interest on your balance and any default fees you incur.

Repossession

Process by which a creditor with a loan secured on a house or goods (e.g. car) can take possession if you do not maintain agreed payments.

Warrant of Execution

This is issued by the County Court at the creditor's request following the issue of a County Court Judgment (CCJ). It allows the court bailiffs to attempt to take and sell goods and use the proceeds to pay the debt.

 

 

 

"If you are a resident in Scotland a County Court Judgment equivalent is a Sheriff's Court Decree, a charging order equivalent is an Inhibition Order, an Attachment of Earnings equivalent is an Earnings Arrestment, an Individual Voluntary Arrangement fIVA) equivalent is a Trust Deed and a Bailiff equivalent is a Officer of Court, tf you are a resident in Northern Ireland a Bailiff equivalent is an Enforcement Officer.

[The GodMother]

they like to go on dont they. wonder if they can be done under the enviromental issues or summing

[ScarletPimpernel]

Still, not many to go now until MBNA sell it.

[The GodMother]

yeah but they still like to rabbit on a bit dont they?

[phatram]

 

 

 

 

 

[phatram]

[phatram]

 

 

 

 

 

 

 

 

 

 

[phatram]

The above are finally on show thanks to my daughter!

Would someone take a look and give any opinions?

Thanks

[phatram]

Abbey credit card Chester Business Park Chester CH49FB

 

 

 

March 07, 2008

Dear Mr XXXXXX

Account XXXX XXXX XXXX XXXX

Your account is now seriously in arrears. Failure to bring your account up to date will result in the registration of a Default at the Credit Reference Agency and eventual termination of this agreement.

This means that for the next six years any potential employer, car dealership or creditor who utilise the services of the credit reference bureau will be able to see the details of this information on your credit file.

IT'S NOT TOO LATE TO STOP THIS FROM HAPPENING

CaJI us now on 01 244 879183 to ma_ke ^ ri^htt ^^dj^gyjnenLJ^Iternatively. ^^nta^t us t" f nsure we cafrproviae~y6u with information to help you deal with your finances, including advice on the action you need to take to stop the Default being registered against you. Please be aware that we also have leaflets available to you that detail your options.

Please contact one of our account managers today on 01 244 879 1 83, they'll be available Monday to Thursday Sam to 9pm, Friday Sam to 5pm and Saturday Sam to 12pm.

If you've made a payment on the account to cover the arrears in the last three days please ignore this letter.

Yours sincerely

Matthew McGrath

Head of Customer Assistance

[The GodMother]

did u say you were redecorating?

 

as that would make good wall paper

[phatram]

Would I be right in thinking there are no "prescribed terms"?

Would I be right in thinking that by their own admission (see post 1)they've sent me application forms NOT agreements?

Also that the T&C's sent are supposed to be from when the cards were taken out NOT current T&Cs?

[phatram]

bump

[phatram]

Just checked on Experian and MBNA account is now on a red 4,

Up to four payments late .

I think it should be on,

The lender has not been able to give the account a status for this month. This may be at the start of the credit agreement when the lender is allowing time for the account to be set up; when the customer has received the goods but payment is not due to start immediately; when there is a dispute over the payments due or the goods received; or when the account is not being used.

Any thoughts anyone?

[The GodMother]

I am not expert but i will look at the paper work you have posted in a bit.

 

I am kinda up to my elbows in wet dog smell and a few other thing ATM.

 

If i forget just remind me with a PM please.

[phatram]

Thanks GM

[phatram]

bump