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phatram

Me v MBNA ABBEY AND MBNA VIRGIN

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Thank you for your letters dated 21/Feb/2011 asking me to telephone you to discuss my “accounts”. I will of course not be doing this.

I am curious to know how you arrive at the figures you have quoted in the letters and ask you to prove to me how you or MBNA arrived at these figures. I would hope that you know these figures are incorrect and would also know that interest should not have been added to the amounts from when I put these accounts into legal dispute and is still not allowed to be added . Perhaps you should check with your representative with whom I spoke at Derby Combined Court and who accepted my offer to pay off the debt at £100/month.

May I also take this opportunity to remind you that MBNA have still to honour the terms of the FOS investigation from over a year ago, something I would hope they would put right without me having to take the matter further.

Yours faithfully,

 

 

 

 

Any suggestions please?

 

bump

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For the moment I think it's more important to draw the errors to the attention of the court. Take copies of the letters with you for the judge and oppositions legal representative.

 

Let the court know that you are foster carers and that this may have repercussions for you and the child(ren) that you care for.

 

Can you confirm that you can afford the £100 a month being asked for? If not make sure that the judge is aware of this and take a budget sheet to prove your dilemma.

 

Ask if you can appeal the judgement because you now believe there are errors in the information the court originally had.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Try and get the time to read this before you go, good luck!!

 

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html


As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Good luck for today, phatram


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4: Staying Calm About Debt

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks everyone. x

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Hope it goes well for you i really do buddy!

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CO granted. Judge said they cannot apply for a sale order if i pay the agreed amount every month. MBNA are also nowhere near front of the queue 'cos of our mortgage, a loan and my wife.

 

I showed him the evidence about why I think the amounts are wrong and we both felt he was suggesting I should challenge the court order. He did say tho' that the CO would still stand even on a lower figure.

 

Interest was not mentioned.

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IMHO I do not think a set aside would do you any good, as it would just mean they would sort the figure out and then re apply the CO.

 

BUT I do not see any reason for you now not to claim back the PPI and actually receive a cheque (they cannot offset it as it is now a Judgment debt)

 

The cash in your hand may actually be better than reducing the debt by x amount (even if you put it in the bank)


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First of all thanks to everyone for help and best wishes.

My figures make the debt just under £10k, without the amounts to be taken off as agreed by FOS (£2k), they continued to add interest and charges after I'd put into dispute 'cos they failed to provide the correct or legible paperwork. I think I will claim PPI and the charges and not go for a set aside. How are people doing claiming CCI on PPI? Spreadsheets are already done, just need to find the time to do court stuff. The "agent" of Restons looked a little shocked when I informed her about reporting to SRA,FOS,FSA and OFTand went off to spend some time on her laptop typing away. I've not finished with these scumbags,just need to get my mojo back ! I've won over £10k back for friends and family and can't sort myself out. I will be back !

Many thanks

P

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Yes, I would now be inclined to resolve the issue over the PPI. Did you say the FOS had already adjudicated and MBNA havent refunded ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The amounts which should've been refunded were to reverse the "risked base pricing" and compensation of £100 (whoopy doo, cost me a lot more than that !).

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Should I be applying to have this set aside due to the PPI (which they won't refund and charges on the accounts) as in post 44 in the following?

http://www.consumeractiongroup.co.uk/forum/showthread.php?297735-Me-v-mbna&p=3572486#post3572486

 

I tend to agree with gh2008 earlier advice.

 

IMHO I do not think a set aside would do you any good, as it would just mean they would sort the figure out and then re apply the CO.

 

BUT I do not see any reason for you now not to claim back the PPI and actually receive a cheque (they cannot offset it as it is now a Judgment debt)

 

The cash in your hand may actually be better than reducing the debt by x amount (even if you put it in the bank)


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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PPI being claimed back. They've offered me £400, I make it over £2000 using the int rate they charged me!

Considering taking this further using unfair relationship etc. BCOBS reading on the agenda for me.

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Good Luck phatram

 

My case is the same as yours , just waiting for the fos to uphold my PPI claim, then like you

use the unfair relationship back in court .

 

Tonks :smile:

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Are you going to use a solicitor?

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Hi phatram

 

No Im not in a postion to be represented , however over the last four years I have

been before a few DJ s and have a little knowledge of consumer law , with the help of

the Cag crew anything is possible you just need to have faith in yourself and your case.

 

My case is with the fos which could take a year or more to sort , it dosent really matter to

me as I have a CCJ and CO which will be paid monthly my time will come !!

 

 

Tonks:-)

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Same here. Will keep in touch.

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Two letters arrived today saying MBNA have sold my credit card debts to Link MarlinEurope II Ltd. Can they do this after a court case?

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And what about the charging order on my property?

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MBNA seem to do this quite a lot, Phatram. However, as far as I am aware, Link will have to abide by the terms agreed in the court case.

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I would assume the ownership of the charging order would pass to Link, the new owners.

Edited by underdog13
typo

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