Littlebea V MBNA Full and Final Drama's

[littlebea]

Hi all

 

Thought i would start my mbna thread to encourage myself to keep on top of it and to hopefully get a bit of advice on how to deal with these lunatics. Chronology so far goes ( will detail the important letters or this will be long to read!)

 

7/10/08 - balance £953: I wrote offering £525 in full and final settlement, and asking that i am not pursued by them or anyone else for the balance and that my credit file is marked as satisfied in full.

 

30/10/08 - they sent me an application for partial settlement form. saying the money would only be accepted as partial settlement but they would not pursue me for the balnce. it would also be registered with credit agencies as partial settlement.

 

7/10/08 - sent me a letter saying i must make a payment to prevent a Default being registered against me.

 

18/11/08 - i re-sent my original full and final settlement offer letter

 

26/11/08 - another arrears letter headed 'notice of sum in arrears'.

 

12/01/09 - Warning letter recieved stating they may either issue legal proceedings against me , or register a default or collection agents may visit my home.

 

23/1/09 - another letter saying they may issue a default.

 

5 feb 09 - another letter advising me of the following options: 1. pay £61 and set up a payment plan. 2. pay £9 per month 3. they will accept a partial settlement of £333. 4. wait for a collection agent to visit my home.

 

options 1.2.3 are available till 20th feb, then a default will be registered and debt sold to a DCA.

 

I have the £333 to pay them, but am very wary of this 'partial settlement' thing, having read that some people say its fine and other say dont do it as a DCA will chase you for the balance. i also do not want another default on my file!

 

any advice? i really want to pay and get rid of them as the mountains of letters and the phone calls 3 times a day are stressing me out!

[pedro1966]

Hi Littlebea,

 

I have been reading the site with interest, but still planning my approach.

 

I work within the finance industry and can not afford to impair my credit file and have an excellent credit file.

 

However, I am self employed and business is tough and may also be able to offer MBNA a FAF, but like you not really happy with a 'partial settlement'.

 

Can I ask was your account all ok up to the point of making them an offer?

 

Cheers

 

Pedro

[littlebea]

my account with them was in a debt management plan with cccs, till i lost my job then i mande the settlement offers.

[littlebea]

have recieved a further letter from mbna stating that they will send DC's/CCJ etc so have sent this in response, also sent a letter regarding phone harrasement and that no home visits are allowed . thought i might as well send a CCA request, bombard them with letters as they are doing it to me

 

 

WITHOUT PREJUDICE

Thank you for your letter dated 5th February 2008 regarding the above account and the following offer that you made in it: ‘Call and discuss the possibility of settling your account with a payment of £333.64. If accepted, the account would register as a partial settlement; however we would not take any action to recover this amount’

I am willing to accept your offer of settlement for £333.64. However I require that you confirm in writing that this sum will be accepted in full and final settlement of this account. All my other creditors, as detailed in the table below have accepted full and final settlement.

This offer is made on the understanding that if accepted neither you nor any company associated with you will take any further action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability. In your letter you state that MBNA would not take any action to recover this amount, but for my purposes I require confirmation that the outstanding balance will not be pursued by any other company now or in the future.

Please can you also confirm in writing that if any offer is accepted you will mark any entry on any credit reference agency regarding this account as ‘satisfied in full’.

 

Payment can be made within fourteen days of receiving your written agreement to this offer.

I would like to add that if we cannot reach agreement on this, and given the length of time I have been negotiating with you, I will have no choice but to distribute the funds amongst my other creditors. I am also enclosing a letter to your company regarding harassment and requesting that all correspondence in future is conducted in writing only.

wonder if this will elicit the right response