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Hi all,

 

I have an old outstanding credit card balance for over £15k (inc lots of charges) with MBNA, after failing to agree to reduced payments they sold the debt on to Debt Clear Recoveries & Investigations Ltd.

Its at this time that I contacted the very helpful CCCS and drew up an income & expenditure schedule with a pro rata offer of £1.00 per month until I am back in full time employment. I sent this offer several times but they never acknowledged it, just kept on sending offers to reduce the debt by 60%!!!

 

Anyway.... This has now been passed on to Restons solicitors and I know what a bunch of ****** they are, so I am confused as is the best way to deal with this, They also are offering a specially discounted figure or the option to pay monthly (I know that they wont accept £1.00 per month though)

 

I just need to prevent this going to court for 4 months as I am due some money and I might be able to settle up.

 

Any help would be appreciated, how can I buy some time?

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Have you sent a CCA request ?. If not, send one to Restons. They are obliged to pass the request on and should put any other action on hold until it is provided to you.

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Uploading documents to CAG ** Instructions **

 

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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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I sent one to MBNA about 1 year ago, which the responded to eventually (3 months later) - it seems in order

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Get another CCA request in now.

 

It will put the account into dispute..............Restons are known for moving very quickly for a CCJ.

  • Haha 1

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

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You can make a donation

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Any advice & opinions given by supasnooper 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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Good advice from supasnooper. Anything which can cause a delay is to your potential advantage.

 

You say the agreement is in order - is this your opinion or something you've been told by someone else? I just don't want you to overlook a flaw if there is one.

 

If a large part of this £15K is charges, there should be other ways of challenging this alleged debt even if the CCA is in order. I know you are not working at the moment, but have you ever sent an SAR to MBNA?

 

Were you given a default notice by MBNA? If so, was it compliant?

Were you sent a proper Notice Of Assignment, or the usual botch job from the DCA?

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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I have never received a notice of assignment

  • Haha 1

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Share on other sites

Have you received a Default Notice from MBNA ?

 

THIS is very important as they cannot proceed for a CCJ until this has been served and the default date indicated has passed.

 

Please be aware that Restons do patrol these forums, so do be careful if you ever need to post any documents ( delete personal details, change amounts, remove account numbers and any barcodes ).

 

And get that CCA request in ASAP as advised by citizenB and ScabHunter !!!!!

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper 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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I sent one to MBNA about 1 year ago, which the responded to eventually (3 months later) - it seems in order

 

Are you sure about that? Why not post it up here (removing personal details and barcodes), so that people can have a look. If it is in order, then it will be a rarity for MBNA.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Are you sure about that? Why not post it up here (removing personal details and barcodes), so that people can have a look. If it is in order, then it will be a rarity for MBNA.

 

Regards.

 

Fred

 

Chalkitup has quite a few copies of MBNA agreement/application forms and I am sure he too would be interested in seeing if this a compliant document. :)

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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