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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
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    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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MBNA Phone harassment to a critically Ill OAP


Dicky Ticker
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Just to let you that there is no depths MBNA will not sink to!

I have a heart defect which requires high levels of medication and a heart pacemaker. MBNA are aware of my condition but are still phoning me up to 5 times a week (52 since the beginning of June) My partner has been answering my calls for me. Last week they phoned and asked for me she told them I was unwell and was in hospital (I was actually in for a heart scan) to day we had two calls asking was I out of hospital yet?!

My complaint/dispute is with FOS,which MBNA are aware of.

So good people please can you make others aware of the e petiton by Chris Lucas on No 10.com

Please do what you can to stop this harassment before this Evil company (*****) someone

Please also read Blog Dealing with debt (MBNA dept collection) and also thread on this site (I worked for MBNA)

Edited by Dicky Ticker
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2u7t9g1.gif

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

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Welcome DT

 

Someone once said a problem shared is a problem halved.

 

You will be surprised with how many people you are sharing your problem with on this forum and many will have already experienced this harassment. That should help you dilute it!

 

You seem pretty chilled about it anyway and I know it is difficult when the phone keeps ringing and you feel stressed about it but you can easily put the phone down. I can honestly say that I have known more than one person over the years who due to loneliness would have given their right arm for the phone to ring.

 

Keep up the good work and bring it to peoples attention it is a worthwhile cause.

 

Thank you for your contribution.

 

Pedross

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Thanks cerberusalert

I have taken your advice and downloaded the OFT complaints form.

My main concern is for other people who are unaware of this wonderful site and the MBNA Harassment Petition to No 10. Please you internet wizards get the message out on the net about this evil company they have to be stopped!!!

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Welcome again DT

 

You should pay more attention to your own health in view of the points you made in your post. You should not take it so personal with MBNA.

Edited by pedross
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Last year my child kept getting calls on their mobile from MBNA asking for someone we had never heard of. I only knew it was MBNA because of checking on the internet and finding the number and loads of complaints on a phone site. I took to answering the calls, and at first was polite and explained that the phone belonged to a child so would they please stop calling it. My final 'conversation' with them (after a couple of weeks of trying to get them to stop) resulted in me screaming at them that I had told them several times that the phone belonged to a child so to stop ringing it, how effing stupid were they, any further attempts to call would be treated as harrassment of a minor and legal action would be taken and, oh by the way, yes I did know that they were MBNA despite the fact they had never actually admitted to it because I had looked on the internet for their phone number and found loads of complaints about them. Whoever was calling must have been a bit stunned because they said nothing at all and when I asked if they had understand one single thing I had said they just hung up! Shame really, because I was only just getting going :D. That, however, did seem to get through to them because we haven't had a single call since and that must be almost a year ago.

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Hi

Please do not tell me not to take it out on MNBA till you and others hear the full story

In 2004 after long periods of unemployment and a failed business venture I was in debt to the value of £21000. In march I started a full time job with a reasonable salary for a (62 year old) In April I suffered a Stroke and they discovered I had a heart defect which required high levels of medication to control the company kept me on and I decided to to take out a Payplan DMP with my 9 creditors and 7 agreed to reduced payments and froze interest and charges. MBNA Loans demanded an increase of £22 a month and MBNA credit cards took the payment and then added over double the amount in charges and interest. all requests to stop this from Payplan and myself were totally ignored.(in otherwords MBNA refused to enter into the DMP!!!)

Anyway after 2 years of paying two thirds of of my monthly income to my creditors via payplan I paid off over £13000 of my Debt. In 2006 due to my heart condition worsening I had to have a pacemaker fitted.In that same year my company lost major contracts and had to make me redundent.And as I had worked for just less than 2 years there was no redundency payment.

And after taking advice from from Payplan I approached all my creditors and made arrangements to pay off my debt with them and obviously these are now DCA's and I am now down to 2 and I owe £700 total.

I have had to deal with about 12 different DCA's over the last 5 years and they can be very nasty people!!

I have paid off £18000 of £21000 in 5 years under very difficult conditions so please dont tell me not to blame MBNA!!!!! everything bad you read about MBNA is true!!!

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Hi MRS E BLACKADDER thank you for input it shows how this company debt collection is totally out of control and how the business ethics and integrity lays in the narrow gap between "AMERICAN GANGSTER" and "BACK STREET LOAN SHARK" and by the way my last reply was directed at PEDROSS not you

Edited by Dicky Ticker
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Obviously that explains why you feel the way you do about MBNA and my best wishes go out to you, it has been difficult.

 

I was not defending MBNA at all, or saying don't blame them, in fact I am in battle with them myself in no small way. You will also know if you have read through the forum that there are a lot of people on here giving MBNA a hard time and I am sure it will get a lot worse for them.

 

I was trying to point out that you are not alone with MBNA problems and as you have almost resolved your own you can encourage others without the personal stress.

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hi PEDROSS Thank you, obiviously a misunderstanding on my part and its nice to know our Army grows. And I apologise for my reply,but you can see my anger at someone who trebles your debt while its under a dmp.

again thank you.

Edited by Dicky Ticker
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Hi DT, I don't know if my input helped at all, but I thought it would show that these people are like a dog with a bone and they just don't give up. In my case I suppose they just had to admit defeat as it was pretty obvious that I was a somewhat angry mother!

 

It isn't just MBNA though. I have spent the past 2-3 years running the gauntlet of debt collectors and bailiffs all looking for my ex. Interestingly enough, the only one who has actually believed that my ex is no longer here was the county court bailiff who said that he was sorry to have bothered me and would not be back to harrass me. He also gave me some good advice and told me to contact his office if anyone claiming to be a bailiff should turn up. So they're not all bad!

 

Otherwise though, I really think it is just a case of constantly reinforcing that you do not discuss personal matters over the phone and putting the phone down on them. I know it isn't easy to begin with and you feel rude doing it, but just remember that they have absolutely no qualms whatsoever about hassling you, so you have every right to just hang up. I felt quite justified in giving them a major ear bashing, after all I had given them plenty of warnings over the course of a week or so and my child was beginning to get quite annoyed that it wasn't their friends calling :D. Actually, perhaps I should have let them talk to my child. 5 minutes of discussing last nights tv and the latest computer game would have been enough to stop them phoning anyone, anywhere, ever again lol.

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