Mbna CCA,

[Indebt1]

had a letter today, and it went like this.... our initial investigations show that you are a homeowner as such we may pursue litigstion and seek a ccj that may result in a charging order ect........

do i answer this? "i am suprised that you send this letter while you have still not conformed with my CCA request under section 78 as the cca supplied was not legible as you yourself wrote to me dated......

 

or ignore this??

[Indebt1]

bump

[Talbot]

bit of info: they have been known to send a copy of the deeds and stuff which is nice but remember they have to take you to court first have whatever agreed by the court THEN if you don't comply they take you back to court and can ONLY then apply for a charging order.

 

...this is as far as i know...some people on here are more experts than me but i think its to scare you. What for confirmation from someone else but i would ignore it.

[steven4064]

What Talbot says is right - in fact they have to be awarded a CCJ the first time they take you to court too. No CCJ, no CO later.

[Fullyskinted]

I am today responding to a 'General Form of Order or Judgement'

 

And if you look at my thread, yours looks awesome quality in comparison! I didnt even get the T&Cs!!!

 

Still not sure where to go. Ive just rang their solicitor and made an offer, as Im sstill not sure how it would pan out if it did go to court!

[steven4064]

Do you have your own thread Fullyskinted?

[Fullyskinted]

Yes, sorry - its here

 

http://www.consumeractiongroup.co.uk/forum/mbna/97485-mbna-cca-received-5-a.html

[Indebt1]

thx guys as always much appriciated!!

[Indebt1]

i recieved a letter from MBNA stating that a default is about to be registerd on my account in the next few days, when this is registred the debt will be sold on blah blah blah

i have however not recieved a DN all i have recieved is a notice of sum in arrears.

is this a ploy to scare me? or do i need to call to request a copy??

[Mydogsawestie]

Do you owe debts to anybody else that you are struggling to meet too? I was just wondering by going into a Debt Management plan (I'm with Payplan) this was the way I got my interest frozen on all my cards then at least what tokens of payments are made do eat away at the debt & not interest too.

 

Suffice to say MBNA have never been accepting of my £20 a month payments always wanting more (unlike other C/cards) and eventually defaulted me in Jan this year 8mths on into the DMP then took me to court in July which I'm still battling on with now.

 

I think the judge in my case looked favourably on my side on the day tho due to the fact I had still been paying them until the court case so I showed willing. I also showed a letter from Dec to MBNA in trying to come to an agreement of settling the debt (all being 25-35% of the amount outstanding), again it showed I had tried to come to an agreement with them. Maybe you could do a letter of this kind along the lines of

 

you may be in a position if funds were available of £xx.xx which represents 35% off the outstanding balance and is all that you can propose.

This offer is made on the clear understanding that if accepted, both you or any associate company will not take any further action to enforce or pursue this debt any further and I will be released from any liability.

 

I also request, that if accepted, you will mark any entry on a credit reference agency file relating to the above account as “satisfied” in full.

 

 

Once the DN takes place thats usually when the ball gets rolling from MBNA in my experience.

[Indebt1]

at this moment in time i am fighting them on the basis of them stating that they themselves apologise for not having a fully legible copy of the cca,however i have not recieved any copy of the DN so the question remains is this letter a ploy to get me to call?

[Indebt1]

anybody?

[Indebt1]

Have recieved a letter from MBNA giving me a last chance to call before the debt is written off as a bad debt which means Solicitor/dca....., is this just another ploy for me to call? is this the time to call and try and make settlement based on not having a clear cca even according to their admission?

[exchange]

Hi Indebt1, subbed to your thread and if you look at mine you'll see that they send out the same to everyone. In my opinion , it's better to fight on and let them trip over themselves as they have a regular habit of doing.

http://www.consumeractiongroup.co.uk/forum/mbna/193233-mbna-aegis-no-cca.html

[Capricorn1601]

I will second that

[Bosund]

Subbing

[Mydogsawestie]

What about a call explaining that i am in severe financial difficulty, but i hav someone who has agreed to help reduce the debt (mother).

so say i owe 7k.

my offer is freeze the interest and i would offer to repay 5k over 12 months with the rest written of or my other option at this stage is IVA would that be a threat? or a good offer at this moment in time?

do i endanger anything by trying?

 

Did you ever send a letter along the posting #60 I mentioned with regards to your quote above? Just wondered as at least it may look like you tried to negotiate (all being at a low %) if it eventually does get to the judge stage.

[Indebt1]

[/img]Hi All

 

This is a new one recived only yesterday but dated 9th Oct, not sure if its to do with the post or the postal method.

the envelope reads UK mail and the service is possibly S?

 

anwyway looking at this is it a legit DN can i fight it? they have not complied with the cca request fully as they have admitted that its not entirley legiblle? any advise is apriciated.

[exchange]

I've had the same with the same dates. There is a problem with 'Paragraph 8f' if it didn't exist on your 'agreement' as in my case. If it is UK mail then I believe it is treated as equivalent to second class so they have not allowed enough time. Think I'm right, but I'm sure someone else will confirm.

Exchange

[supasnooper]

UKMail is not a first class service.

 

If you check the UKMail website, it describes the "Special" service as a three day service.

As such, it would be deemed a 2nd class service and thus 4 days allowed for service

[exchange]

Indebt1, so I make that 13 days. My problem is I am not in the UK so no idea what they are supposed to allow or if there are even any rules for my circumstances.

Not trying to hijack, I do have this all on my own thread too!

[Indebt1]

looking at my CCA can anybody show me the same as i cant find this in the libary or anywhere on line, it is a 1999 document but doesnt match anything anywhere.

i am just wondering if it has been doctored to such a way that it no longer relates to any forms?

[Indebt1]

Sorry Mydog, havent sent yet been fighting them on their own admission that the copy is not very clear.

[Mydogsawestie]

On my posting #105 on my thread mine was a priority request form from the year 2000, either way your CCA like mine is missing the prescribed terms so I shouldnt worry about it if I was you. Like you said though, it would be nice for you to see a similar 1999 application form though to see if anythings been fudged on yours eh???

[Indebt1]

just recieved a letter/yellow card Allied intl warnig that they have been istructed by mbna to collect, do i worry or ignore?