Mbna

[cerberusalert]

Quite often they are, but it'll just be the icing on the cake to go with your dodgy CCA.

[Capricorn1601]

[Capricorn1601]

HELP!!!

 

THought everything had gone TOO quiet.

 

Just received this in tonights post. A letter from Optima Legal

 

Notice of Legal Action

 

Our Client MBNA Europe

Balance Outstanding £14,808.01

 

We have been instructed ........

 

As a result , our client may have no alternative other than to commence legal proceedings to obtain a charging order against you.

 

Blah Blah

 

 

It is likely that our clint will require you to complete the income and Asset and Expenditure form, on the the reverse of this letter.

 

 

What do I do now????

 

Is this just a frightener? Hence the words "may", please help.

[cerberusalert]

Send Optima this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[Capricorn1601]

Thanks Cerberusalert

 

I take it this is just a threat then? I havent even received a DN as yet and they appear to be asking for the full amount they claim I owe even including all the interest from whilst it has been in dispute and their over limit charges etc.

[cerberusalert]

Yes it one of the famous if's and may's letters.

[Capricorn1601]

You are my guardian angel

[Capricorn1601]

Can I report Optima to the OFT??? Not that it will do any good but just because I can etc?

[cerberusalert]

I wouldn't bother unless they continue to pursue.

[Capricorn1601]

How likely are they to persue by this method? Has anyone experienced a similar experience with Optima at this stage? I am really worried.

[angmarie]

Hi Capricorn

 

Do these guy's ever give up, I have letter admitting that they cant give me copy of my cca but does it stop them harassing me for payment ermmmm NO.

I have written to them asking them to send me the cca or to once again confirm that they can not and will never be able to provide me with cca.

They got their pen pushers busy now they insisting that I agree reduced settlement figure urgently. I will decline for now lol.

Just so that I do understand the situation correctly, if they respond again with we regret we are unable to send copy of cca, they are not allowed by law to persue the debt, is that the law. They say they are in process of preparing default and will pass account on.

 

Ang

[diddydicky]

HELP!!!

 

THought everything had gone TOO quiet.

 

Just received this in tonights post. A letter from Optima Legal

 

Notice of Legal Action

 

Our Client MBNA Europe

Balance Outstanding £14,808.01

 

We have been instructed ........

 

As a result , our client may have no alternative other than to commence legal proceedings to obtain a charging order against you.

 

Blah Blah

 

 

It is likely that our clint will require you to complete the income and Asset and Expenditure form, on the the reverse of this letter.

 

 

What do I do now????

 

Is this just a frightener? Hence the words "may", please help.

 

well i received the exact same letter yesterday- this is my reply- feel free to use/adapt it as you wish

 

 

Thank you for your letter of 13th Inst, the contents of which have been noted.

 

The proposition that you will “commence legal proceedings to obtain a charging order” is an interesting one and I await your advices in due course.

 

Your client is in no position to “require” me to complete an Income Asset and Expenditure form.

 

The debt is disputed, however, without any admission of liability and in order to rid myself of the “nuisance value” of your clients claim, I am prepared to attempt to resolve this matter without recourse to the legal system by way of a full and final settlement I therefore look forward to receiving any proposals from your client in this respect.

 

Yours sincerely

[diddydicky]

Thanks Cerberusalert

 

I take it this is just a threat then? I havent even received a DN as yet and they appear to be asking for the full amount they claim I owe even including all the interest from whilst it has been in dispute and their over limit charges etc.

 

you don't WANT a dn- a demand or summons for the full amount will do nicely thank you very much!!

[Capricorn1601]

Hi Dicky

 

I've sent the letter Cerbsalert recommended yesterday. I have also communicated with Basa who had similar threats some time ago. I feel a little more comfortable now after hearing from Basa that his letter did the trick and he didnt hear from them again.

[Capricorn1601]

"you don't WANT a dn- a demand or summons for the full amount will do nicely thank you very much!!"

 

So do I class this letter, which specifies the full amount being demanded as some type of termination letter??

[diddydicky]

"you don't WANT a dn- a demand or summons for the full amount will do nicely thank you very much!!"

 

So do I class this letter, which specifies the full amount being demanded as some type of termination letter??

 

don't think it ACTUALLy demands repayment of the full amount- just says it MAY claim it

 

but a DEFINATE demand for the full amount can be construed as having repudiated the agreement

[Capricorn1601]

Hi all

 

quick update. Just received a letter from Optima this morning. Quick wasnt it!!!

 

Just to say:

 

"Further to your recent letter to this office we write to advise that our previous letter requested that you respond to our client direct.

 

Unfortunately, we are therefore unable to respond to your letter and have passed this on to our client for their consideration.

 

if you wish to discuss this matter further please contact our client direct."

 

 

I shall take this a a victory so far. Hope thats the last I hear from Optima.

 

 

Thanks once again Cerbusalert.

[cerberusalert]

Hope thats the last I hear from Optima.

It will be, although it doesn't guarantee that another creature won't crawl from under a rock in the future.

[Capricorn1601]

I think they are now starting to get desperate. Just received this by email today:

 

 

Dear Capricorn

 

We understand that financial difficulties can happen, which is why we have helped thousands of our Customers recover from financial setbacks. We would like to discuss some options with you that may help you to resolve this issue.

 

Call us to on 01244 659801, we are available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 9am to 12pm.

[Spice57]

subbing, received the same email today

[Capricorn1601]

Hi spice

 

how far down the line are you?

[angmarie]

Hi Capricorn

 

I got very similar wording today but in form of a letter, regarding my account where they have written saying unable to provide copy of original agreement. Has any one else experienced this, all my letters keep showing different people and different dept's.

Its almost as though the right hand truly does not know what the left hand is doing;).

 

 

 

Ang

[Capricorn1601]

Hi ang

 

I would totally agree. The departments do not speak to each other. They are very keen to get us to talk to them, but only on the phone, which we all know is a "no-no".

[diddydicky]

Hi all

 

quick update. Just received a letter from Optima this morning. Quick wasnt it!!!

 

Just to say:

 

"Further to your recent letter to this office we write to advise that our previous letter requested that you respond to our client direct.

 

Unfortunately, we are therefore unable to respond to your letter and have passed this on to our client for their consideration.

 

if you wish to discuss this matter further please contact our client direct."

 

 

I shall take this a a victory so far. Hope thats the last I hear from Optima.

 

 

Thanks once again Cerbusalert.

 

i got the same back today

[diddydicky]

I think they are now starting to get desperate. Just received this by email today:

 

 

Dear Capricorn

 

We understand that financial difficulties can happen, which is why we have helped thousands of our Customers recover from financial setbacks. We would like to discuss some options with you that may help you to resolve this issue.

 

Call us to on 01244 659801, we are available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 9am to 12pm.

 

i received an e mail- but my policy is to delete them unopened-oncehe you confirm to them that you are contactable by e mail it can cause all sorts of problems at a later stage