Credit Card Debts-living Abroad

[wellingtonlane]

I'm hoping some of the wiser folks on here can help me with some advice.

 

I've been living in Asia for two years and have no immediate plans to return to the UK.

The business venture I was involved in here has collapsed,and I have very little money to support my family here.

I have five credit cards with debts amounting to 30K !!!

Two of the MBNA cards have been withdrawn and the Bank have recently offered to accept 30% of the outstanding 12.5K as settlement.

However they are also saying that they will register a default tomorrow if I don't make a payment,and may also cancel the offer!?

My mint card has gone to a DCA but have not heard from them since Oct 2008,when I explained I'm broke and living abroad.

The other two cards are live,but are creeping closer to the limits,and next month I doubt I will be able to pay them too.

Although I have a property in the Uk,I'm sure it must be in negative equity by now,and yesterday the tenants gave notice to move out,leaving me high and dry there !!

 

The cards are my primary worry,and I need advice on the following please:

Is the unsolicited offer from MBNA a good one,or is there room to negociate?

Why is the default notice relevant,and is it the deal breaker they are suggesting?Should I give them the 204pounds interest now to keep the deal alive for a little longer?

I'm thinking of using the two remaining cards to settle MBNA-is this financial suicide?

Should I awaken the Mint problem and deal with all three bad cards at the same time,or let sleeping dogs lie?

Is it worth trying to do a full and final on the two live cards as well,although I've never skipped a payment yet-I feel they'll just laugh at me until the cards go bad?!

All this is slightly moot if MBNA don't accept card payments since I don't have the 3.5k they want!!

Finally,should I just consider an IVA/Bankruptcy instead,and hold on to the little funds I have?

Lots to think about guys,and I really appreciate you taking the time to reply.................

[bazaar]

Are they sending your bills to asia address?

I'm pretty sure that if you offer to pay, theyll promise you all sorts, Barclays/ Mercers do the same but they lied to me some years back.

If these are pretty old cards, then you may be better off asking for the agreement via a CCA request to see what they produce, theres no quick fix for this, but if you cant afford what they are asking for, then theyll default you anyway, you say youre not planning on returning to uk, so, what can they do, there is no reciprocy agreement there as far as I know

[wellingtonlane]

Thanks Bazaar,

 

MBNA have my address here now,although the house is rented anyway.

 

I think they may raise a default notice tomorrow,although they may not be able to touch me immediately,we may return to the UK at some point,and I'm trying to fend off the worst of the damage to my Credit history.

 

The cards are only three plus years old,and I'm seeking advice as to whether to pay some money now,or bid for a little more time first.

 

Is this default a killer blow,or one in a series of moves from them?

 

Does anyone know what percent they are maybe willing to take in settlement?

[babybear39]

They pay as little as 5p in the £1 so start at 5-10%.

 

Get any F + F in writting before you pay though including removal of any defaults on the accounts.

[wellingtonlane]

Thanks BabyBear!!

 

Any thoughts on this Default Notice?

[babybear39]

I'm not up on default notices sorry, but someoe who should come along soon...

[heliosfa]

Thanks BabyBear!!

 

Any thoughts on this Default Notice?

 

 

Hi Wellingtonlane,

 

Have MBNA issued you with an actual default notice yet? or just a "threatogram" similar to this: http://i379.photobucket.com/albums/oo236/mostflayed/Private/MBNADEFAULTdesens.jpg ? If it's different, can you post a copy up with personal details removed?

 

Do the balances they are claiming look correct?

and have they added any "Penalty" charges?

 

If they have only sent the threatogram so far, It would be a very good idea to send a CCA request to MBNA as to register a Default on your credit file, they have to serve you with a Default Notice that gives you 14 days to rectify the breach from the Date of Service (When you receive it). In the UK, Date of Service would be two working days. I don't know how this would work with you being in Asia as it could quite conceivably take 14 days for the letter to even get to you... Perhapse a more legalised bod could coment on this?

 

Is the address in Asia the address you have registered with them? or are you getting mail relayed from the UK?

 

If they do issue a default notice, post a copy up here and we can have a look at it for you to see if it is properly formatted and has all of the required details and timescales.

 

 

Now, I note that you say that Mint has passed the account to a DCA, did they issue you with a Default Notice? and a Notice of Assignment? if so, can you post up a copy of the Default Noticce?

 

Thanks,

H

[wellingtonlane]

Many thanks H,

 

No the letter I have received so far is the 'threatogram format'.

 

I'm not sure if I made a mistake by giving MBNA only an address here,I'm fairly confident they would not turn up on my doorstep,but any post to me takes two or three weeks to arrive,leaving me no chance of resolution in the timeframes.

 

I have some contact with them via email,and they are really pressing the resolve by today or else issue-I think it may be the fact I'm six months or so behind on payments?!Perhaps today is D-day.........any comments?

 

All the other cards are redirected from my home in the UK to my folks in the UK.

 

Concerning Mint, I have never seen any Default notice or assignment notice,as far as I know,but I'll ask the parents too............

 

Any recommended course of action there please?

 

Finally good advice on the two remaining good cards if you have any ?

 

Cheers

[heliosfa]

I think we need a more knowledgeable bod to comment on the service time for international post. As if they do issue a Default Notice to your asian address with the standard UK timescales, then it is likely you will get it after the date for restitution and as such would be ineffective.

 

Really need to see the default notice from Mint to comment. I'd take this one battle at a time if possible for now, and if mint are leaving you alone...

 

The good cards, erm, perhaps I should ask this - have you tried sorting out a Debt Management Plan? even if you do it yourself, and don't use Payplan or CCCS then you may have some luck.

 

What this would involve would be writing to each of your creditors and explaining your circumstances. Explain that your business venture has collapsed and that your tennants are moving out leaving you with little to no income. Say how much you owe to each creditor and include an in/out report along with a pro-rata offer of payment. You can also ask them to freeze interest and charges.

 

Definitely stop using the "good" cards if you can't pay them.

 

 

One more question, have MBNA added any Penalty (Late payment, overlimit, etc.) to your balance?

[wellingtonlane]

Thanks again H,

 

As you say maybe someone can pick up the detail on the Default notice-I assume we are NOT talking about the 'Notice of sum in arrears' letters I have been getting until now?

 

I am fairly confident I have never seen a Default Notice for Mint,and the initial contact was from Triton Credit Services in Essex.I did send them one payment,and then a fax in September 2008,explaining my difficulties and have never heard since-although I now see I gave them my address here??!!

 

I will make a payment plan over the weekend,and contact the cards that are currently not in arrears-thanks for the good advice !!

 

MBNA have added charges for 'Late Default','Overlimit Default Sum' and Interest although they have stopped this month,despite me initially requesting this in Oct 2008.

 

Thanks again folks

[wellingtonlane]

Hi Folks.

 

Just to let you know I sent two CCa requests yesterday via my folks in the UK to MBNA,using Recorded delivery.

 

Is it necessary to have these letters signed,cos they weren't !

 

Thanks all,

WL

[heliosfa]

Hi Folks.

 

Just to let you know I sent two CCa requests yesterday via my folks in the UK to MBNA,using Recorded delivery.

 

Is it necessary to have these letters signed,cos they weren't !

 

Thanks all,

WL

 

Sending them unsigned is good, it means they can't try to get creative with photoshop or paint

 

What address did you put as the return address? was it your asian address or UK address?

[bazaar]

Personally, I think youre worrying yourself a little too much here.

Its good that you pay the cards that are being 'Good' to you so to speak. But MBNA really are going to struggle, because all they can do is threaten you to pay. Youve done the right thing in requesting the CCA, because they probably wont have one. You can then tell them youre under no obligation to pay anything. They can issue summons etc if they wish, but at the end of the day, is that going to hurt you? Can you imagine the Judge saying, ' and what is the persons address?' They say ' Oh erm, somewhere in Asia, m'lud'.

If you ever returned to UK for good, then get it set aside because they didnt send the CCA etc. Enjoy your life in Asia.

[wellingtonlane]

Thanks H.

 

The return address was to my recorded adddress in the UK.Post takes up to a month to arrive here if it arrives at all,so I couldn't risk it !!

 

Bazaar,

Thanks for the advice.I wait with trepidation to see what happens with the reply from MBNA.

 

WL

[babybear39]

Good luck and best wishes

[wellingtonlane]

Thanks all !!!

 

One thought I did have regarding the signature problem where people are suggesting to not use one on the CCA request is the following:

 

I'm not saying a bank employee would fill in a signature box,that was previously blank,but if your CCA letter WAS signed but with a signature style you have never used before,nor after,surely this could be highly embarrassing if it ever reached enforcement.

 

Imagine the scenario where the bank return your CCA insisting you have signed it,and it's a signature that you have only ever used once on the request letter !!??

 

If it goes legal,and the judge asks" is this your signature?" and you can prove it most certainly isn't-surely this puts you on the moral and legal high ground--too devious??

 

Even better if you get a mate to sign it !!??

 

WL

[Pinky69]

You would be laying yourself wide open to them saying this is not the signature we have for you on record and we need proof of your signature before we reply to your request, which, having received a false signature, they would be perfectly entitled to do under the Data Protection Act.

[Toulose LeDebt]

You would be laying yourself wide open to them saying this is not the signature we have for you on record and we need proof of your signature before we reply to your request, which, having received a false signature, they would be perfectly entitled to do under the Data Protection Act.

 

But they would of course need to have a copy on record in order for them to know it is different. If they don't request a true copy of your signature it is highly likely that any documentation supplied (or not) is not 100% kosher.

 

I have asked my wife to sign any letters I write to the two DCA's in my life and I'm just willing the documenatation to turn up bearing that signature.

Game over for DCA and OC if a CCA comes through my letterbox with her scribble on it.

[Pinky69]

Well, if it is any help, I have just had a microfiched copy of my MBNA application from 1999 and it has my signature on it.

[wellingtonlane]

Thanks Pinky,and Toulose.

 

I guess the hub of the discussion is whether the Bank or CC have your signature in the first place and are bothered to compare it.

 

Also what constitutes a signature?I assume you are able to sign your full name legibly and that would still be a signature?

 

It's probably wishful thinking to hope the Agreement comes back signed by someone else,but one has to remain positive!!

 

Pinky,did your agreement prove to be enforceable or haven't you checked that out yet?

 

WL

[wellingtonlane]

Default Notice

 

Received a Default Letter from MBNA on the 18th,which is probably the quickest post has ever arrived,12 days.(enclosed)

 

Nevertheless,the letter has only given me a few days to respond,and I'm hoping someone can look at it,to see if it's legal?!

 

I've also had my CCA request in since 5th March so that will be up this week too.............

 

Any suggestions for slowing the Default procedure down,until I see my CCA agreement?

 

Thanks all.......................

[wellingtonlane]

Not sure you'll be able to read that last image-try this one !!

MBNA Default.doc

[bazaar]

Well, IMHO, the dates on it look good, but that is only for delivery to UK based addresses.

They know full well that you live abroad.

Is there any news on the CCA requests you made.

If they havent sent you anything, then you need to inform them that they have defaulted on this legal request.

[heliosfa]

Not quite OK on the dates, by UK first class service (2 working days) it only gives 13 days to remedy as date of service would have been deemed as the 10th. It's the same issue as my OH's had.

 

@ wellingtonlane - was it sent by 1st or 2nd class post? or by some other means (Air mail / sea mail)?

 

 

I think we need a leagal eagle to comment on when service by international post is meant to have occured...

 

The other thing for future possibility - I though you needed a UK address to be sued in a UK court?

 

Thanks,

H

[wellingtonlane]

Thanks Bazaar,

No news on the CCA as yet,They received the request on the 5th,so I believe today is D day.

I used my UK address to request the CCa docs,since I have a redirect to my folks house.I guess the return redirect may add a couple of days,although the sorting office should be able to deal with it as quickly as other mail.

 

It was really lucky ??!! to receive the mail even within time;I received our Christmas parcel from the family sent 11 November on the same date-it only took 4 and a half months !!

 

Heliosfa,thanks for that.The mail was sent air mail,and I received it on the 18th.Since i informed the Bank to my location and situation over here, I hope they will have a problem in putting the boot in !!

 

Having been on the wrong end of South East asian legal system,I can't see that they have much chance over here!!??

 

Cheers, WL