Terrified and very stressed!

[SalP]

Mbna have just written to me saying that I can do one of four things:

 

1) Call and make a payment of my oldest arrears (£151.40), which I haven't got!

 

2) Call and they might be able to give me an interest free reduced payment of approx. £69.98 per month. Which I can't afford!

 

3) Call and discuss the possibility of settling my account with a payment of £2,799.19. Which I definitely can't do!!!

 

OR...

 

4) Wait for a Collection Agent to contact me, if I don't do any of the above, by next Wednesday!

 

So, as I can't afford any of the other options, when the bayliffs turn up, what can they take?? All I own of value is a motorbike (OH and I's only form of transport) and a camera, which was a birthday present from OH and they are not getting!

 

Everything else, tv, video, stereo is my OH's, most of which he bought from his catalogue and is still paying for! I am so terrified of bayliffs and can't sleep properly, knowing they will be coming round in a few weeks!

 

Please help, I'm so worried they will take our only form of transport (and pride and joy) and/or my partner's belongings!

[gedro]

Bailiffs can't turn up and seize property until you've been to court, and then failed to pay the agreed amount set by the court. I'm 99% certain on that.

[dx100uk]

they cant send round bailliffs its a civil debt.

 

anyhow.

how old is the debt

when did you take out the card?

what was the last payment

etc

 

more info please

 

and don't worry about it!

 

dx

[stressed mum!]

Definatley don't worry likle dx100uk said they can't come round thats just a scare tactic how old are your debt's ect x

[SalP]

I think I got tne card about three years ago and was paying it ok, until I got depressed and went a bit mad last year. I stopped paying my minimum payment, as it got too high back in October last year. My debt is about £6,900 and I offered them the token £1 back in Jan, but they refused it.

 

I am also in the same boat with Barclays, I have a loan and unpaid £1,000 overdraft, but haven't heard anything from them in weeks, although I stopped paying the loan back in Jan! :?

 

I think now, that you are right about the baliffs not coming round, unless I get taken to court and don't pay the court...which I wouldn't do! I have been advised by CCCS to offer the same £1 to the courts.

 

Thanks for your replies, I was feeling so sick!

[dx100uk]

doesnt matter if they refuse you offer.

write to them TELLING them your are can only pay £XX for XX months & KEEP DOING IT, regardless to what they say.

if it EVER got to court, the judge would laugh it out the door.

 

dx

[MayRich]

Hi SalP,

 

You're doing exactly the right thing by asking for advice and addressing the problem. MBNA are vile but the law is on your side. The best thing is to talk to them as little as possible, communicate in writing, and make a reasonable offer based on what you can afford. As long as you are doing this the courts will protect you.

 

Also, well worth talking to National Debtline advisers - they have heard it all before and are extremely helpful - they can give you decent advice and won't be judgmental at all.

 

And try not to get stressed - the worst bit is the fear before you get to grips with the problem. In fact you are quite well protected by the law and they don't have the right to take your stuff, come to your house or even phone you if you don't want them to (so long as you stay in touch by writing).

[SalP]

Hi SalP,

 

You're doing exactly the right thing by asking for advice and addressing the problem. MBNA are vile but the law is on your side. The best thing is to talk to them as little as possible, communicate in writing, and make a reasonable offer based on what you can afford. As long as you are doing this the courts will protect you.

 

Also, well worth talking to National Debtline advisers - they have heard it all before and are extremely helpful - they can give you decent advice and won't be judgmental at all.

 

And try not to get stressed - the worst bit is the fear before you get to grips with the problem. In fact you are quite well protected by the law and they don't have the right to take your stuff, come to your house or even phone you if you don't want them to (so long as you stay in touch by writing).

 

That's actually something I haven't been doing (staying in touch by writing)!! Better start! I will also send both Mbna & Barclays the £1, on Monday when I get some money. But, I will have to ask my OH to send them cheques, as the postal order I was sending them before was costing me too much. I also recieved a very pretty postcard from Mbna today, informing me that they would be calling...again from next week!

 

Thanks everyone for putting my mind at rest!

[PGH7447]

send mbna this

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

have you send off a CCA request for the agreements yet?

[sleepz]

Kind of in the same boat as this.

 

Don't want to HiJack this post, but they're saying I need to make a minimum payment of £115 this month or they'll have to send it to a collection company.

 

When I spoke to them last week they said they could get the total outstanding added onto my mortgage, or could arrest my wages and take it straight off my salary.

 

I'll start a new post later today.

[Talbot]

subbing

[dx100uk]

Kind of in the same boat as this.

 

Don't want to HiJack this post, but they're saying I need to make a minimum payment of £115 this month or they'll have to send it to a collection company.

 

When I spoke to them last week they said they could get the total outstanding added onto my mortgage, or could arrest my wages and take it straight off my salary.

 

I'll start a new post later today.

 

thats why you must NEVER talk to them on the phone!!

 

they CANNOT get at your wages nor add it to you mortgage !!!

 

see now if you had this in writing they would lose their licence!

 

they will threaten the earth will swallow you up AS LONG AS THEY GET THEIR MONEY.

 

DON'T up your payment

write to them as suggested in my earlier post!

 

you control your money NOT THEM!!

 

dx

[Terrier7]

Hi SalP,

Firstly don't be terrified or stressed - I know easier said than done, but I've half been there - was subjected to the threats etc but quite frankly didn't give a damn and got away with £10 per month to various DCA's for years. Now I know :-

a) There is absolutely nothing they can do and

b) I am going after them for full repayment etc

So, read all the stuff and smile! What's the worst that can happen?

I enclose two posts to refer you to, these hopefully should help and let you see that you're in a strong position. We have many other angles and are I'm working with my solicitor to collate them all together in time.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/188190-scale-attack-dcas.html

http://www.consumeractiongroup.co.uk/forum/mbna/174475-muffintop-mbna-15.html (post nos. about 270 onwards.)

 

sleep tight,

T7

[Talbot]

any developments on this?

[Terrier7]

Hi Talbot,

Yes, time limit up on 14 days notice given to DCA who hasn't returned payments / paid compensation but has tried the usual flannel, so, we are ignoring this and are about to issue claim. My Solicitor is away this week and as soon as he returns, we are to go over a few aspects then issue proceedings once we have decided the best action. Keep you informed! Probably be about 3 -4 weeks before we know the response through the Court. Fully expect an offer or series of as they definately don't want a successful claim against them. It's all good fun! In the meantime, everyone else - keep on fighting!

T