MBNA/Restons claimform - old A+L Card **WON+COSTS**

[guzzleguts]

Best of luck FB

 

GG

[fairbyblue]

I would make sure you have a spare copy of Woodchester v Swayne at hand for the Judge and for Restons.

 

I've crowbarred that into my statement so they just cant wash over it (Hopefully)

[fairbyblue]

Got the Trial bundle today. Have to work through it. They dont give you much time do they !!!!

[fairbyblue]

If it all goes pear shaped what is the worst that could happen?

[AndyOrch]

You lose and they get Judgement.,Then the question of payment ,lump sum or you submit an I&E and the DJ will order you to pay monthly what he feels is appropiate.That is he stark reality FB.

 

Regards

 

Andy

[fairbyblue]

REstons (Bouchier) phoned without prejudice and said did i want to settle this amicably !!!!. I said i was until you got involved. he wanted me to make an offer, i said i already had but you dismissed it and ploughed onto issueing the 2nd DN. He did really quite grasp the concept that they did not have the paperwork correct. And he still believes he can issue a further DN (The third one after having a letter from restons confirming termination)

 

I asked for a notice of discontinuence, the balance to remedy at the time of 1st default (£1601.39 instead of 11k)which is all they could cliam for.

Removal of default notices from credit file and £500 cheque for costs (not off the balance but a cheque) and I would pay them £12 per month off £1601.39

 

He is getting in touch with MBNA.

 

He doesnt think they will go with that.

 

oh hang on He just sent email

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

In line with our recent telephone conversation the terms of settlement ARE:-

 

(i) The Bank files a Notice of Discontinuance in respect of this claim;

(ii) The Bank will pay you the sum of £500.00 in full and final settlement of any claim for costs you have arising out of this action.

(iii) You repay the outstanding balance under the credit agreement of £11,214.35 by monthly instalments of £12.00. The first instalment to be received hereby 31st August 2009. The rate of repayment to be annually reviewed with an expectation that it should increase should your financial circumstances improve.

(iv) If you fail to pay a monthly instalment of £12.00 or any subsequently agreed increase then our client reserves its rights under the credit agreement to take any action it thinks fit.

 

Please confirm you accept these terms.

 

As soon as we receive your confirmation we will file the Notice of Discontinuance and send a copy to you.

 

I think thats a win (note section iv, they aint got one)

 

Well im happy and in the circumstances I think I'm £500 better off

 

Thanks to everyone on here for the advice and assistance especially robcag,supasnooper, CCm,PF PT and loads more.

Once cheque clears i will make the appropriate donation.

 

Guess where I'm going to? Thats right, the pub.:D:D:D

[banker_rhymes_with]

Hello FB!

 

Not sure about this bit...

 

(iii) You repay the outstanding balance under the credit agreement of £11,214.35 by monthly instalments of £12.00. The first instalment to be received hereby 31st August 2009. The rate of repayment to be annually reviewed with an expectation that it should increase should your financial circumstances improve.

 

Looks like the deal is you pay them £11k at £12 a Month, then they will start to hassle you to death the moment they can to get the £12 raised.

 

Or am I missing something?

 

Doesn't look like a very good deal.

 

Cheers,

BRW

[tiokim]

Congratulations CB, this is very good news and no need to face the stress of the court room… Fantastic!!! Is def. a winning one

[fairbyblue]

Hello FB!

 

Not sure about this bit...

 

 

 

Looks like the deal is you pay them £11k at £12 a Month, then they will start to hassle you to death the moment they can to get the £12 raised.

 

Or am I missing something?

 

Doesn't look like a very good deal.

 

Cheers,

BRW

 

The way im thinking is that it will be next year, before they can do anything, at that point if they want to try to get more then the process starts again and i know what paper work they have and if they want to play silly buggers they can, cos im more prepared. I'd like them to try and serve me a default notice.

[tiokim]

if they issue discontinuance to you is over, I think

[banker_rhymes_with]

Hello FB!

 

Tread carefully, because I fear this is, in effect, getting you to agree that you owe £11.2k.

 

I would ask for help from the Site Team, x20, PT2537 or Andyorch etc ASAP before accepting this.

 

IOW, if you agree to this, that may be taken that you agree you owe the £11.2k alleged Debt. It could be a very unwise move to accept.

 

Suggest you don't go for it until others have commented.

 

Cheers,

BRW

[fairbyblue]

Hello FB!

 

Tread carefully, because I fear this is, in effect, getting you to agree that you owe £11.2k.

 

I would ask for help from the Site Team, x20, PT2537 or Andyorch etc ASAP before accepting this.

 

IOW, if you agree to this, that may be taken that you agree you owe the £11.2k alleged Debt. It could be a very unwise move to accept.

 

Suggest you don't go for it until others have commented.

 

Cheers,

BRW

 

OK will do

[steven4064]

I'm with BRW - good as far as it goes but I don't like the power they have given themselves nor the fact that you are agreeing you owe them £11k.

 

The question is, how much do they not want to go to court? What have you got on them or what will they lose or what will it cost them?

 

Well done for sticking with it though.

[fairbyblue]

it does say

You repay the outstanding balance under the credit agreement of £11,214.35 by monthly instalments of £12.00. The first instalment to be received hereby 31st August 2009. The rate of repayment to be annually reviewed with an expectation that it should increase should your financial circumstances improve.

 

Trust me it wont and then its back to court if they say it will

 

And we be back at square 1, next year.

[diddydicky]

REstons (Bouchier) phoned without prejudice and said did i want to settle this amicably !!!!. I said i was until you got involved. he wanted me to make an offer, i said i already had but you dismissed it and ploughed onto issueing the 2nd DN. He did really quite grasp the concept that they did not have the paperwork correct. And he still believes he can issue a further DN (The third one after having a letter from restons confirming termination)

 

I asked for a notice of discontinuence, the balance to remedy at the time of 1st default (£1601.39 instead of 11k)which is all they could cliam for.

Removal of default notices from credit file and £500 cheque for costs (not off the balance but a cheque) and I would pay them £12 per month off £1601.39

 

He is getting in touch with MBNA.

 

He doesnt think they will go with that.

 

oh hang on He just sent email

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

In line with our recent telephone conversation the terms of settlement ARE:-

 

(i) The Bank files a Notice of Discontinuance in respect of this claim;

(ii) The Bank will pay you the sum of £500.00 in full and final settlement of any claim for costs you have arising out of this action.

(iii) You repay the outstanding balance under the credit agreement of £11,214.35 by monthly instalments of £12.00. The first instalment to be received hereby 31st August 2009. The rate of repayment to be annually reviewed with an expectation that it should increase should your financial circumstances improve.

(iv) If you fail to pay a monthly instalment of £12.00 or any subsequently agreed increase then our client reserves its rights under the credit agreement to take any action it thinks fit.

 

Please confirm you accept these terms.

 

As soon as we receive your confirmation we will file the Notice of Discontinuance and send a copy to you.

 

I think thats a win (note section iv, they aint got one)

 

Well im happy and in the circumstances I think I'm £500 better off

 

Thanks to everyone on here for the advice and assistance especially robcag,supasnooper, CCm,PF PT and loads more.

Once cheque clears i will make the appropriate donation.

 

Guess where I'm going to? Thats right, the pub.:D:D:D

 

no offence but you must be totally nuts if you think this is a good result

[fairbyblue]

no offence but you must be totally nuts if you think this is a good result

 

Thanks

[banker_rhymes_with]

Hello FB!

 

Maybe write back and suggest they have made a typing mistake, Section (iii) should read like this:

 

(iii) You repay the a final sum of £1,601.39 by monthly instalments of £12.00. The first instalment to be received by 31st August 2009.

 

That is what I'd do.

 

Trust me it wont and then its back to court if they say it will

 

And we be back at square 1, next year.

 

The trouble is, you could be going back to Court and with them armed with an Agreement made in August 2009 saying you agreed to pay them £11.2k.

 

Bearing in mind the Judge Lottery, that could be a disaster.

 

Sorry to labour this, just don't want to see you end up in a bad position, that only becomes apparent later. You can bet they will do all they can to make you miss a payment, to then use that as an excuse to go for the full amount of £11.2k.

 

Cheers,

BRW

[bazaar]

Hang on FB, you said in the without prejudice call 1600, NOT 11,000. Make sure you know whats going on here, youve gone a long way here to discredit them, and now youre almost willing to accept their original demands. Something isnt quite right here

[diddydicky]

it does say

You repay the outstanding balance under the credit agreement of £11,214.35 by monthly instalments of £12.00. The first instalment to be received hereby 31st August 2009. The rate of repayment to be annually reviewed with an expectation that it should increase should your financial circumstances improve.

 

Trust me it wont and then its back to court if they say it will

 

And we be back at square 1, next year.

 

but you will have admitted the whole debt and you will have no room to challenge it

 

11,000 at 12 per month will take 76 years

 

they will sit on it for a year and then if you dont make an offer to clear it in say 10 years or less they will accept your offer at the time but ask for (and get) a charging order on the basis of the length of time you will be repaying

 

after that they will wait a while longer and then apply for a sale

 

i would strongly advise you to forego the 500 quid

[fairbyblue]

Hello FB!

 

Maybe write back and suggest they have made a typing mistake, Section (iii) should read like this:

 

 

 

That is what I'd do.

 

 

 

The trouble is, you could be going back to Court and with them armed with an Agreement made in August 2009 saying you agreed to pay them £11.2k.

 

Bearing in mind the Judge Lottery, that could be a disaster.

 

Sorry to labour this, just don't want to see you end up in a bad position, that only becomes apparent later. You can bet they will do all they can to make you miss a payment, to then use that as an excuse to go for the full amount of £11.2k.

 

Cheers,

BRW

Is that not without prejudice he cant bring it up in court?

[bazaar]

Also, they pay you 500 quid and get your balls on a plate, I dont think so Bouffont

[fairbyblue]

Heres the email i sent to restons

 

Dear Mr Bouchier

Further to the offer i now refuse it and point out that the amount outstanding is £1601.39. Otherwise I will see you in court on Friday

I will accept if you change part iii to

(iii) You repay the outstanding balance under the credit agreement of £1601.39 by monthly instalments of £12.00. The first instalment to be received hereby 31st August 2009. The rate of repayment to be annually reviewed with an expectation that it should increase should your financial circumstances improve

 

Please respond

ASAP

[pompeyfaith]

yup does not look a good deal u will still be indebted to them 4 at least 25 yrs and if u inadvertantly miss a payment they will be down on u like a ton of bricks

[banker_rhymes_with]

Hello FB!

 

If my maths is on the ball, the above agreement means you will have them hanging around your neck for the next 77.8 Years, paying them £12 a Month.

 

It'll never be Statute Barred, you will always owe them a fairly large balance, and at any stage you miss a £12 payment, they will be jumping in straight away.

 

Is that not without prejudice he cant bring it up in court?

 

I think he means WITHOUT PREJUDICE at this stage only, i.e. they are hiding behind this while making the proposal.

 

They'll not hide behind this if you agree, they'll send you an OPEN LETTER to confirm the arrangements. That's what they want, and that's what will be used to nail you.

 

I read the email as being a bit of a piddle take on the part of Restons.

 

See my above amended Section (iii), that would be OK. But not the £11.2k figure. The more I think about it, the more I don't think it would be wise to accept that as stated.

 

Push for them to change Section (iii), and then it would be more like a reasonable result I think. That will still take you 11 years to pay it off, but that isn't so bad, and provided you make sure every £12 payment goes out without fail, then it'll be over after 11 years...or you could pay them off via a final lump sum when you can afford it to get them off your back for good.

 

Cheers,

BRW

[empowered]

I nearly had a blue fit when I saw you had agreed to repay the £11,000 and not the £1600 as you had originally requested:eek: So glad that others managed to get to you quickly to rescind the offer;)