MBNA debt help

[pompeyfaith]

they need a walking possession first to get entry

 

PF

[diddydicky]

i was speaking from experience

 

so was i

 

i am a certified bailiff!!

[shakti]

well i bow to your superior knowledge as i said i was speaking from experience and have no wish to mislead anyone or mis inform anyone by the way shakti is a her

[diddydicky]

they need a walking possession first to get entry

 

PF

 

no, they need to have been inside the property on a previous occassion for any reason in connection with that particular warrant - even if they only had a cup of tea and a chat (sometimes they get physically chucked out after peaceful entry and before they have had time to do their inventory)

 

in that case they can then go back (usually with police attendance because they have already suffered violence and force entry

 

the key is never to let them in at all then the question of force will not arise

[Lady in Hell]

Thanks for all the advice guys, you are all brilliant!

 

I actually remember now that the card means that they're gonna ring you at a certain time and not call..obviously a scare tactic for them to play on you.

 

I did receive a letter from MBNA yesterday saying that due to my decision not to pay my arrears, and despite numerous reminders and offers of assistance (pfft!), that they were gonna withdraw my line of credit (obviously if they checked my account properly, they would see that I don't even have a bloody credit card anymore, and haven't for a long time!)..but also that they were going to inform the credit reference agencies. Well for the latter, I shouldn't imagine that my file is very happy anyway, and this is something that I would expect if I'm not paying a company, but what about my request for my CCA, why have they not acknowledged this at all?!

 

I think I will probably type a letter out and send to both companies to remind them of why I'm not making payments.

[Lady in Hell]

Firstly my apologies for disappearing from this thread and forum. I've had both computer and health problems, which has prevented me from updating here. I thought it was time that I did let you all know what's been happening and to also ask for even more advice.

 

Ok, I haven't paid any monies to MBNA since last May (09). They gave me months of absolutel hell with constant phonecalls and of course put the account to the lovely RMA - whom absolutely bombarded me with daily phonecalls to house, mobile..plus texts, and letters. I stood my ground and after writing a couple of letters, finally managed to get them off my back. They gave the account back to MBNA as they knew it was illegal for them to pursue me while the account was in dispute due to me awaiting my CCA request.

As already said, MBNA gave constant phonecalls, again to house and mobile...at various ridiculous times of the day and night, but they gave up after my partner said that no-one of that name lived here, and basically I kept ignoring the phonecalls. I haven't heard from them via the telephone for some time...the letters though, keep on coming.

 

I have had various letters of threatening action, breaking my agreement and even offering me a deal where I'd only have to pay so much of my balance off to them. As tempting as that sounded, I still wouldnt've been able to afford to pay them anything like that had offered..in a lump sum anyway.

I have continued sending them letters..mostly every few weeks or so. Same thing, informing them of why I have stopped paying them and why I put the account into dispute etc etc. I also made a point of telling them that every letter they have sent me does not refer to this fact whatsoever.

 

I have had two letters recently which have concerned me. Unfortunately I didn't open either until tonight, as been too poorly and basically couldn't deal with any added stress.

 

The first one(dated 4 Jan 10) is a letter of apology in not responding to my request for a copy of my CCA and that they hope to write to me further in due course...but...in the meantime I should continue making payments to my account and that some act passed on 6 Oct 09 by Mr Justice Flaux directed that even in circumstances where a lender hasn't complied with the CCA request, they can still demand payments to the account.

The second one (dated 11 Jan 10) states that I must repay immediately any arrears on the account and that in order to remedy this breach they must receive a payment of £900+ by 28 Jan. Ifd I do not take action before this date then further action will be taken against me....court proceedings. They have threatened me before, but this 'act passed' that they mentioned has scared me silly tbh.

There is absolutely no way I can pay them a penny and I've only got tommorrow to write to them, so really it's already too late and I am very uneasy about all this.

 

Can anyone offer me some good advice please? I am willing to scan these letters and post here tommorrow if need be, it's just that when I read the letters my first thought was to come here and post.

 

I really hope someone will read this and reply...in the meantime I will (tommorrow/today actually) compose some sort of reply to them, but I really need your help.

[diddydicky]

ok the second letter sounds like a default notice

 

is it headed s87(1) consumer credit act?

 

did you keep the envelope? (if not get searching through the bin)

 

when must you pay these arrears (was it a precise date or did it say "within XXX days"

 

sorry just seen the date- hang on a mo

[diddydicky]

the first one is correct - they ARE entitled to ask you to pay- unfortunately for them you are equally entitled to tell them to sod off!

[diddydicky]

okay the DN is valid insofar as it gives you enough time to remedy

 

(they are obviously catching up)

 

Tell me what they have supplied in response to you s78 request to date

[diddydicky]

just read your posts properly

 

good news!

 

the letter of 4 jan is gold dust,

 

Whilst they remain in default of s78 they cannot enforce the debt

 

the DN is clear enforcement

 

my advice is to ignore any further correspondence until the 28th January

 

wait until they then write terminating the agreement and/or demanding that you now pay the full balance of the account.

 

At that point you are going to write to them and point out that they unlawfully repudiated the agreement and that you have accepted that as an unlawful rescission of the agreement and you are therefore no longer bound by its terms and conditions.

 

At that point the agreement is effectively terminated

 

any court action they take after that date will fail because they did not have a lawful cause of action as they acted whilst in default of s78

 

the letter of 4 jan is a very useful admission from them that they are in default of s78 and saves you a whole lot of hassle trying to prove it.

 

 

it's a fair bet that after that they will just keep passing it around the DCA's as by that time the new OFT guidelines will be out which will stuff them

 

if they had the agreement you would have had it long ago!!

 

Think of yourself as on a diet- you are about to lose 9000lbs pretty fast IMO

[Lady in Hell]

Thanks for your replies diddy.

 

Wow, while just pressing reply to this, then reading further down the page to acknowledge something that you asked..you had posted another reply!

 

You couldnt've given me better news tonight and although it sort of sounds too good to be true, at least I now know that I can go to bed and sleep a little easier. I will recheck and hopefully absorb this better in the morning, but you have brought back my positivity that's for sure.

 

Why did you ask me to look for the envelope though? Date I'm thinking..but it's one of those big ones where it has the letter box window and just standard stamped info on the front.

 

Thanks again, I shall return here after a few hours sleep.

[diddydicky]

Thanks for your replies diddy.

 

Wow, while just pressing reply to this, then reading further down the page to acknowledge something that you asked..you had posted another reply!

 

You couldnt've given me better news tonight and although it sort of sounds too good to be true, at least I now know that I can go to bed and sleep a little easier. I will recheck and hopefully absorb this better in the morning, but you have brought back my positivity that's for sure.

 

Why did you ask me to look for the envelope though? Date I'm thinking..but it's one of those big ones where it has the letter box window and just standard stamped info on the front.

 

Thanks again, I shall return here after a few hours sleep.

 

the date of posting can be crucial sometimes- not in this case though as they stated a date (28 Jan)

 

sweet dreams

[Lady in Hell]

Had an unplanned busy day to distract me away from the computer, but have now reread your posts diddy, and have a couple of questions..

 

Whilst they remain in default of s78 they cannot enforce the debt

I understand they were in default a long time ago by exceeding the time given to send me my CCA request but what if one does magically come to light, can they still enforce it even though they've gone waay past the deadline?

 

Also, I don't know much about this - 'act passed on 6 Oct 09 by Mr Justice Flaux' - does that apply to people that defaulted before it was brought into power and can they lawfully use that against me?

 

it's a fair bet that after that they will just keep passing it around the DCA's as by that time the new OFT guidelines will be out which will stuff them

 

Could you tell me a little more about this, when it is supposed to come into power and how it will affect people like me?

 

I didn't write to them because, today..as said, events happened that prevented me from being here and also, even if I had, it would've been a gamble for it to arrive to them tommorrow, and probably as it wasn't including any payment, would've just been thrown in their rubbish pile anyway.

 

One of the things that has really annoyed me with them is, they have sent me numerous letters stating that I've broken the credit agreement, mentioning the CCA but completely ignoring their part in the CCA!

 

I shall await their next move.

[diddydicky]

well if they find the cca then they can then continue where they left off, or at least they could have done had they not in the meantime unlawfully repudiated the agreement (silly billies) however they have not quite got that far yet so sit tight and wait for that letter of termination and/or a demand that you pay the full balance then write that letter

 

they can throw as many letters in their rubbish bin as they like- if you have a copy of your letter and a proof of posting slip (free) thats all you need.

 

forget mr justice flaux - it has no bearing on your case

[Lady in Hell]

I don't know if anyone will still follow this thread, but please accept my apologies for not updating it til now. I actually thought I had made more posts than what the date says on the last one above, but apparantly not, and probably my fault due to being stressed all the time anyway.

 

Ok, I will let you all kow where I'm at. RMA eventually gave up the chase after several letters from me, informing them of the reasons I stopped paying MBNA (failed CCA request etc). They told me that the account would be passed back, and was.....only to then be passed on to another group of 'comedians' under the name of 'Experto Credite Ltd.' Now this lot are even more annoying and lacking communicative skills, than the others, and have made tons of attempts to ring me, even though I have never answered them and informed them that I can't be contacted via phone. I have gone through the usual palavour of attempting to explain the how's and why's of everything, only to be continuously ignored by them. One letter, they actually did acknowledge was that they would inform MBNA of my request but by law I should still be paying the debt...blah, blah, blah.

The last I heard off these monkeys was them trying to offer me a settlement, so that I wouldn't have to pay the full outstanding amount, still not something I could afford or am willing to, even if I could.

The latest letter I have recieved is from a company called 'HL Solicitors' who are now acting for Experto Credite Ltd to recover the debt. I have to be honest, I am little scared by this as this seems more official and no idea what to expect now. It states that they are giving me 7 days to pay the full amount or that further action will be taken. The letter was dated 21 Jan but only recieved a couple of days ago, so in their eyes, I have defaulted anyway now!

I have drafted a brief letter up to explain the situation to them, which I will print and post to them later today.

 

Can anyone please advise on this?

[cerberusalert]

Send HL this; http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

[Capricorn1601]

Hi there

Is the wording something like..

 

 

"We act for Experto Credite Limited who are agents for Varde Investments (Ireland) ltd. We understand that you have ignored previous requests for payment and that no suitable repayment plan has been agreed. Your account has now been escalated to us as the next stage of the collections process.

 

It is important that you pay the full amount in the next 7 days otherwise our Client will be forced to take further action against you to recover the debt. This may result in legal proceedings being issued against you in the county court to include a claim for interest and costs arising out of your failure to pay.

 

If you wish to avoid further action being taken then you must pay the amount due of £x. Your payment must be sent direct to Experto Credite Limited at the address shown below..... "

 

 

Ok, take a closer look at the HL letter. Now down the right hand side is there a reference number? If yes then this is actually from EC trying to put the frighteners on you. HL are basically Solicitors for hire. If you google them and look on their website Debt Cos can send bulk data and have these letters fired off for next to nothing. I had one of those recently.

 

Dont worry.

 

 

Caps

[Capricorn1601]

PS... my letter was also dated 21st January.

[Lady in Hell]

Send HL this; http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

 

That is brilliant and so much better than what I have written, thankyou!

 

Capricorn - hi, I remember that you are also going through this too. I will have to catch up on your thread also. The letter you show below is not just 'something' like mine, it is exactly the same. There is also a ref too. Thanks, it's made me feel a little better to have this knowledge, and yes it doesn't really surprise me that Experto are behind it at all. The one thing that has kept me going through all this, is the fact that if mbna had really thought that I am in default, then they would've had no objection and issued me the CCA a long long time ago, but instead they've just passed the buck on. Also, the same with these Cr companies, then surely they would've enforced more action too?

 

I will forward the letter from the link above, and see what happens next.

 

Thanks guys

[Capricorn1601]

Exactly, If MBNA or EC really had a leg to stand on they would have acted before now.

 

My only worry is that a handful of people have had Northampton Court papers from EC. I think that they are testing the water and that all these cases will be stayed, again another frightener from a bully boy debt company.

 

Chin up

 

Caps

[pershing]

My experience with Experto is they send you all this rubbish then just pass it from one collection agency to another. I think they have used about 5 with me (lowell's, CMC etc). Sometimes I write to them and sometimes I just ignore them, each time it goes quiet for awhile whilst Experto goes away and sulks.

 

What really bugs me about the so called Experto's in Credite is it doesn't matter how many times you write to them they just ignore your communications. God knows how they ever recover anything.

[diddydicky]

for every one cagger (or other consumer site contributor) that tells them to swivel- there will be 10 folk who cr*p themselves and pay up- thats how it works!

[Americanmuscle]

Exactly, If MBNA or EC really had a leg to stand on they would have acted before now.

 

My only worry is that a handful of people have had Northampton Court papers from EC. I think that they are testing the water and that all these cases will be stayed, again another frightener from a bully boy debt company.

 

Chin up

 

Caps

I am one who has had papers from Northampton County Court regarding my account with MBNA, this action has been started by Restons Solicitors on behalf of MBNA, my thread on this is here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?246688-Confused!/page10 starting at post # 183

[Capricorn1601]

yes you and a few others

 

 

caps

[Capricorn1601]

Just taken a look at your thread Amerian Muscle. I too am a little confused. YOu appear to be discussing three accounts on the same thread. Barclays, Cap One and MBNA. Is the court action you speak about regarding MBNA?

 

Myself and the OC on this thread both have MBNA accounts which were passed to Experto Credite. Mine has been with them just over a year and for much of that I have had no contact until the last few months. EC must have selected a few accounts to correspond with and are currently trying their luck by sending some to NCC, but my belief is that it is just a try on and those cases will be stayed.

 

Not sure of the OC but what they produced for me was an application form, signed I will admit, with a very poor cut and paste job pretending to be T&C's on reverse which do not link in any way with the front copy.

 

They then proceeded to terminate the account with a fault default notice.

 

Caps