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rrrrrrrrrr

Restons Solicitors on behalf of MBNA

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Hello again

 

More issues...

 

I have/had a debt of £2300 with MBNA. The debt was passed to restons solictors and after many threatening letters I agreed to pay a settelment figure of £1300 in 4 monthly installments. I have paid the first 2 and £230 of the third, but I am struggling to pay the remaining £420 by 1st July.

 

I received this email from them today:

Dear Madam,

MBNA Overdue Credit Card - xxxxxxxxxxxxxxxxx

Our Reference: xxxxxxxxxx

Outstanding balance: £2,371.52

We write in relation to the above account and acknowledge receipt of your recent payment in the sum of £230.00.

Following this payment £95.19 remains overdue from 1 June 2009, furthermore, a subsequent instalment of £325.19 is due payable no later than 1 July 2009 to conclude the account. Payment of £420.38 must therefore be made no later than 1 July 2009 in settlement of the above numbered account.

Should you fail to make this payment by 1 July 2009 we will recommend to our client that legal proceedings be instigated for the full balance outstanding at that time without further notice.

Yours faithfully

Mr R Charnock

Restons Solicitors Limited

0870 755 9198

 

What can i do? I'm scared if i don't stick to my initial proposed offer they'll make me pay the full £2300?

 

Thanks in advance

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Hello again

 

More issues...

 

I have/had a debt of £2300 with MBNA. The debt was passed to restons solictors and after many threatening letters I agreed to pay a settelment figure of £1300 in 4 monthly installments. I have paid the first 2 and £230 of the third, but I am struggling to pay the remaining £420 by 1st July.

 

I received this email from them today:

Dear Madam,

MBNA Overdue Credit Card - xxxxxxxxxxxxxxxxx

Our Reference: xxxxxxxxxx

Outstanding balance: £2,371.52

We write in relation to the above account and acknowledge receipt of your recent payment in the sum of £230.00.

Following this payment £95.19 remains overdue from 1 June 2009, furthermore, a subsequent instalment of £325.19 is due payable no later than 1 July 2009 to conclude the account. Payment of £420.38 must therefore be made no later than 1 July 2009 in settlement of the above numbered account.

Should you fail to make this payment by 1 July 2009 we will recommend to our client that legal proceedings be instigated for the full balance outstanding at that time without further notice.

Yours faithfully

Mr R Charnock

Restons Solicitors Limited

0870 755 9198

 

What can i do? I'm scared if i don't stick to my initial proposed offer they'll make me pay the full £2300?

 

Thanks in advance

 

Don't panic, that's the first thing.

 

The question is simple, can you afford the payments? If you can't, send them what you can afford. There is no need to provide them with proof of expenditure - they are not entitled to it.

 

It is highly unlikely that they will take you to court because they know full well that a Judge will only order you to pay what you can - that is likely to be much less than you are paying them now.

 

Next, I would ask them for a copy of the Credit Agreement in relation to this account. You can do this by sending them a template letter that you can find here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html - you need letter N. You will need to enclose a postal order for £1 for this information. Don't sign the letter.

 

When you get your response, scan it and post it up here. It is surprising how many MBNA agreements do not conform to the legal requirements. If this is the case with yours, it will put you on the front foot.

 

Try not to worry. I know it's easy to say, but you are being bullied by Restons because they are playing on your fear and they know it.

 

Please feel free to ask any questions and have a good read on the forums - it may put your mind at rest.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Thanks Fred, I'll send them that tomorrow and in the meantime carry on paying an amount I can afford. Will keep you updated.

 

R

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Don't panic, that's the first thing.

 

The question is simple, can you afford the payments? If you can't, send them what you can afford. There is no need to provide them with proof of expenditure - they are not entitled to it.

 

It is highly unlikely that they will take you to court because they know full well that a Judge will only order you to pay what you can - that is likely to be much less than you are paying them now.

 

Next, I would ask them for a copy of the Credit Agreement in relation to this account. You can do this by sending them a template letter that you can find here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html - you need letter N. You will need to enclose a postal order for £1 for this information. Don't sign the letter.

 

When you get your response, scan it and post it up here. It is surprising how many MBNA agreements do not conform to the legal requirements. If this is the case with yours, it will put you on the front foot.

 

Try not to worry. I know it's easy to say, but you are being bullied by Restons because they are playing on your fear and they know it.

 

Please feel free to ask any questions and have a good read on the forums - it may put your mind at rest.

 

Regards.

 

Fred

 

mmmmmmmmm i would counsel seeking more opinion on this

 

whilst it is true that a court will only make an order for what he can afford i dont think it would have the power to undo what was probably a simple contract

 

ie pay xxxx over xxxx monthly payments in return for xxxxx discount

 

he may well end up back with the original amount........ i would personally be moving heaven and earth to try and raise the balance or at least phone the other side and ask if theyll agree to a short extention to the deal given the three good payments

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£1 per month should be your maximum repayment once a county court has authorised it only...regardless of what you've paid before.

I would go so far as to demand a full refund for what you have paid already on the basis that it was obtained without legal authority.

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this guy has come to an "arrangement" with restons - we don't know the i say again to rrrrrrrr- seek more advice from more experienced caggers on this one before you respond otherwise you may end up 1000 worse off.

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we don't know the "full story"

 

(sorry missed a bit of text)

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mmmmmmmmm i would counsel seeking more opinion on this

 

whilst it is true that a court will only make an order for what he can afford i dont think it would have the power to undo what was probably a simple contract

 

ie pay xxxx over xxxx monthly payments in return for xxxxx discount

 

he may well end up back with the original amount........ i would personally be moving heaven and earth to try and raise the balance or at least phone the other side and ask if theyll agree to a short extention to the deal given the three good payments

 

I strongly suspect that the OP was bullied into paying what he/she can't afford so I stick to my advice. Yes, by all means contact the other side (but NEVER by 'phone), but it is highly unlikely that they will be reasonable - they don't operate that way.

 

The OP is trying to do the right thing and in my opinion has been very reasonable.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I do consider myself 1 of the more experienced Caggers ;)

Rather than adopt a "just pay up" attitude, i prefer to tell the OP how it really is & be loads better off :)

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I do consider myself 1 of the more experienced Caggers ;)

Rather than adopt a "just pay up" attitude, i prefer to tell the OP how it really is & be loads better off :)

 

thank you

 

he now has the benefit of different advice- no doubt he will make an informed choice.

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Is this a credit card debt? There must be charges you could claim back here, as well as checking the agreement.

 

Was there PPI sold to you on the account?


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thank you

 

he now has the benefit of different advice- no doubt he will make an informed choice.

 

Your welcome..hopefully the OP will choose the correct advice ;)

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Many thanks again for all the advice I'll have a look through again and let you know what the outcome is...:)

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