presume the worst mbna

[tomo28]

mant thanks underdog the letter suits perfectly i wll fire this off to them on monday:)

[underdog13]

That'll be a nice welcome back to work for them after the new year, heh heh;)

 

Best of luck, Tomo:)

[dtjim]

Not in my case. I was abroad at the time they did it. They simply affirmed that the debt was outstanding and that I had refused to pay them. I actually NEVER signed up with them - my original card processor gave up the business and sold it to MBNA, so their terms were imposed upon me without agreement.

 

When it comes to issues of whether the debt is justified or not, the court does not care - that's a different argument. They are simply allowing the pursuer to secure their debt until it is repaid.

 

How can they put a charge on your property when there is not agreement only an "alleged" debt. If that was the case that they could do that surely we could all start slapping charges on anyones property on a whim?

 

Yes you had a credit card, yes you may have used it - but without an agreement who is to say that you were not given the money interest free and could pay it back if and when you choose?

 

Did you not get any notification from the court giving you chance to defend yourself?

[Muffintop]

Not in my case. I was abroad at the time they did it. They simply affirmed that the debt was outstanding and that I had refused to pay them. I actually NEVER signed up with them - my original card processor gave up the business and sold it to MBNA, so their terms were imposed upon me without agreement.

 

When it comes to issues of whether the debt is justified or not, the court does not care - that's a different argument. They are simply allowing the pursuer to secure their debt until it is repaid.

 

I really cant see how a charging order can be legally placed on your property if you have not had a chance to defend your corner. surely the court contacted you and gave you the chance to respond? or was it because you were out of uk you never knew about it.. presume you were out of uk but your property was being rented out or something?

If mbna cannot provide the copy of original doc with all the prescribed t & cs and your sig within 4 corners of doc then the debt is unenforceable... yes you can say you had a card with mbna, yes you used it, but what were the terms? wernt they that any credit used with their card was at 0% for the life of the balance and no handling fees? without the agreement its their word against yours I have been concerned about reading the issue on charging orders as I asked the question very early on in my case with mbna and have mentioned this today on my thread muffintop v mbna which you may want to take a look at incase there are replies on there.

[Muffintop]

I know you just don;t want to hear this, but I can confirm MBNA WILL obtain a charging order on your property if you default in an effort to secure their loan. Their action is unethical but seemingly legal, as they convert their unsecured lending into secured just by doing a Land Register search and applying to the court.

 

Once in place, they are not disposed to remove this after the debt is repaid - as I discovered to my cost some 5 years after they were paid in full. I had to threaten them with my own action to remove the order because of their 'inattention'.

 

Found this post surfing other mbna disputes. Did you already have a dmp, iva, or ccj in place and then they placed a charging order?

 

decker

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MBNA - The worst company in the world

_________________________ _________________________ __________

I currently have a DMP with CCCS and of the five creditors these are the only ones causing trouble with continued letters threatening your credit file and employment. Their representative makes it very clear that CCCS work for them and not to believe anything that CCCS tell you. -RUBBISH

_________________________ _________________________ ____________

 

There aim is to get a charging order on your house. But they can only do this if you dont keep up payments on a CCJ. They are trying to take me to court at the moment. Never been to court before could be a new experience _________________________

[buzby]

In answer to the above - the problem was I had rented out my property whilst I was abroad. On my return (which was actually the date the case called in court for the Inhibition order to apply) the court staff advised that because the return date was 5 days earlier, the order would be granted automatically as I had missed the date to challenge it.

 

On getting legal advice, I would have to have applied for 2 'Reponing Notes' which would recall the two actions, but I would have to have had paid over £1,400 in fees to achieve these in order to get back to the starting grid. Since the debt was 'only £1,800' it was the pragmatic approach to roll over and pay, because I could habe been in a much woese situation.

 

Their charge was recorded by the Land Registry even though they full fees were paid in full at their debt discharged. Imagine my considered annoyance that MBNA subsequently didn't arrange for the removal of the Inhibition order, which I only found some 9 tears later when I attempted to buy a different property.

 

The bottom line? If I could have challenged them, I most certainly would have, but my absence and the lack of information as to what was happening let the steamroller plough on regardless.

[Muffintop]

Thankyou Buzby that certainly clears up a rather large can of worms that I opened on my thread... Im sorry for you that you had been treated so badly and were not given the chance to defend your case... from my end at least I can breath a bit of a sigh of relief as for one moment I doubted where I stood in relation to charging orders very fearfull for anyone having a significant debt and also a significant amount of equity thanks

[Muffintop]

I have done an i & e and have £386 spare per month to pay 14 creditors 162K

 

I have sent offers to all my creditors on Sunday. Have spoken to cccs who went thru i & e and sent me copy.

 

Northern Rock called me yesterday and asked me for the telephone number of the cccs which I thought was weird.

 

HSBC have called my mobile 5 times today the last call at 4.30pm I told them I wasnt going to speak to them, that they were harassing me and to put anything in writing.

 

I am thick skinned but god its hard

 

 

Would this help

 

Your address

 

Date

Their address

 

 

 

Dear Sir/Madam

Account reference number: XXXXXXXXXXXX

Notice of telephone recording

This is to put you on notice that I routinely record both incoming and outgoing telephone calls and that I may store and use any such recordings for any lawful purposes.

 

This notice applies to you and equally to any party to whom you may at any time decide to pass on my business for whatever reason.

 

This formal notice needs no acknowledgement or reply from you.

 

It has been sent to you by "signed for" Special Delivery.

 

 

 

Yours faithfully

 

 

 

 

XXXXX Sign the letter.

 

You do not need to send this letter to each new DCA which contacts you if you have previously sent this notice to the bank or other institution whose business the DCA is handling. This letter covers it all. If your bank can be bothered to send your file to a DCA then the file should include this formal notice. If it doesn't then that is the responsibility of the bank. They should be more careful.

 

However, don't forget that it is not necessary to put companies on notice if you are using the recordings for your own use.

 

If you are called by your bank or a DCA and they ask you if you are recording the call, refsue to reply and insist that they continue the purpose of the call or hang up.

 

Do not get into any discussion as to whether or not you are recording the call. Just refuse to answer or to give any response to such a question at all.

 

Se our review section for discussions on recording devices and elsewhere on the forum for discussions about call recordng generally.

__________________

Muffintop

[underdog13]

Thankyou Buzby that certainly clears up a rather large can of worms that I opened on my thread... Im sorry for you that you had been treated so badly and were not given the chance to defend your case... from my end at least I can breath a bit of a sigh of relief as for one moment I doubted where I stood in relation to charging orders very fearfull for anyone having a significant debt and also a significant amount of equity thanks

 

Could someone you trust put a charge on your property to 'remove' the equity, per se?

 

This is something I'm looking into as I don't know too much about it at the moment; but I believe it can all be done online and is perfectly legal.

[underdog13]

Thanks for the click:)

[Muffintop]

Underdog.. can you explain what you mean a bit more... do you mean a family member, or partner or spouse???? going to land registry and putting a charge on property?

[underdog13]

Hi Muffintop, I'm still researching this one. I read on one thread (can't remember which one) that someone's father in law put a charge on their house and on another thread that someone's son had done likewise.

 

What I'm trying to find out is if the chargeholder can be someone living at the same address (I suspect not, but I'm not sure), as soon as I have found anything concrete I'll post it up:)

[Josie8]

so here's the letter off mbna to the request for a signed agreement I think my next step is to write back to them as they have not given me what i asked for, any suggestions of what to write back would be appreciated.

 

 

This letter means that they can't find your signed original agreement..............

[Muffintop]

Underdog, just taken a bit of your above post as confused about the part about signatures. does this imply they dont have to provide a copy of your signature?

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

[underdog13]

Well my understanding Muffintop, given section b that you quote above, is that they cannot preclude the date of the debtor's signature.

 

However according to many creds and some of the site team on here they can. TS seem to take the creds side as well (just for a change:rolleyes:).

 

Sorry I can't clear that up - totally confused myself:confused: