MBNA/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***

[alternative-answer]

They have no first hand information in your affairs, they are 3rd party interlopers, you have no entered into an agreement with them, their exists no contract between you and them, they have no authority in your affairs. DO NOT give them your name, say to them 'NO CONTRACT' never enter into any dialogue or agree to anything. When you give your name, you name in ALL CAPITALS you are entering into a silent agreement, you name in ALL CAPITALS is the name of your corporation because only corporations can enter in business and exchange money. No NAME no agreement.

[royalblue1878]

Hi,

 

Just a quick question.

 

When you are compiling a monthly expenditure report do I need to include my wife's income although she has not been using the particular credit card which in fact dates before our marriage?

 

Recent activity regarding debt collectors and credit cards has been thankfully quiet. Once they find out you can't pay rather than wont pay they seem to slow down a bit. Just takes a bit of time and grief getting them to understand (buggers).

 

I have a new 'friend' in Aktive Kapital my 3rd such friend regarding that particular MBNA card, lots of calls that have been ignored as MBNA seriously messed up when they had the account.

 

 

Thanks for your help,

 

Royalblue

[freakyleaky]

There are different forms.

Some are for sole income and some for joint/household income.

What does it say on the form?

[royalblue1878]

Hi,

 

One from the Nat West is titled 'Financial Statement' It has a monthly income column but does not stipulate whether it is joint income or not. There is a space for monthly income but is not divided into self and partners income

 

The one from Capital One has a column for partners salary and is titled simply 'Income and Expenditure form'

 

Cheers.

[freakyleaky]

I would contact both and ask them to clarify what they need from you.

These forms normally come with an explanatory cover sheet telling you what they need.

[BRIGADIER2JCS]

If it is solely your debt from before your marriage

any other income is none of their business.

[royalblue1878]

Thanks Brig and Freaky.

 

I need to check dates and stuff but I am sure the majority are mine alone.

 

Cheers again.

[intend]

Agree with Brig - the debt is yours so income of others related to you is irrelevant. - One question - why send them your I&E?? - just work out what you can afford then tell them how much you intend to pay - only a judge can demand it. Rmember to leave money for emergencies.

 

Intend

[BRIGADIER2JCS]

There is always Bazzoka Boos letter

 

Dear Curr or Madman,

 

Thank you for prompting me to check my income

and expenditure having do so I can confirm that

I must reduce my payment to you to £1 permonth

thank you so much 1st payment herewith.

[victoria_siempre]

Hi royal

 

I take a pragmatic view. Supply an I&E statement if you think it will help and don’t if you don’t. CASH flow is very good for adding authenticity if you choose to. Similarly, do a joint one if it helps and a single one if it doesn’t. Brig is of course quite correct that a partner’s income has no bearing on a non-joint account; however, I have found presenting the full household picture helpful as then what you call b*ggers can see a genuine inability to pay.

 

love

 

vic

 

PS I would never ever supply an I&E to a DCA

Edited May 3, 2012 by victoria_siempre

[intend]

Sound advice vic

[royalblue1878]

Hi Vic,

 

Yes that's more or less what I have been doing but until now have always included the Wife's wage. Mint and Nat West (the same company now) also Capital One have been understanding and happy to go with my sums.

 

A recent error either by the bank or Mint meant that they almost put it in the hands of a DCA. (payments paid where not being received) I made the mistake of phoning them and going through an updated I&E at the same time. I phoned due to the urgency of the matter and to stop a DCA getting involved. They are best to deal with one at a time!

 

Lesson learnt (again) always write!

 

Thanks all!

[citizenB]

You do not have to complete the forms that the Bank/DCA send you.. you can obtain the CASHflow I&E forms that Victoria was referrring to from the links below

 

If you are experiencing difficulty in repaying your debts, CASHflow is a way for you to negotiate affordable repayments with your creditors. Before you can use CASHflow, you must have spoken to one of the free advice agencies licensed to offer CASHflow to their clients. The advice agency will start by talking to you about all of the options available, and can help you to decide if CASHflow is the right one for you.

 

If you decide to use CASHflow, you will be provided with all of the tools you need to be able to complete your own financial statement and negotiate offers of repayment with creditors yourself. This will enable you to stay in control of your situation, but still have support from an adviser at any stage if you need it.

 

You can contact a local advice agency to check if they offer CASHflow. You can find a list of free advice agencies that are near to you by searching for a money adviser in England or Wales, Scotland, or Northern Ireland.

Alternatively, you can call National Debtline on 0808 808 4000

CASHflow: http://www.cashflow.uk.net/

National Debtline: http://www.nationaldebtline.co.u k/

https://www.mymoneysteps.org/

Also as highlighted in the CAGnewsletter...

There is the new CAB system that might also be worth a look, this system saves all your details, has guidance allowance figures to work with if you wish and you do not need to be invited / signed off etc with this system, just log in and away you go (see below)

 

(Also, there are a number of other self help tools and systems around so might be worth a little exploration if this is what you eventually decide on.)

 

http://mymoney.nedcab.org.uk/moneyadvice/

 

http://mymoney.nedcab.org.uk/moneyadvice/ (example of completed dmp)

[royalblue1878]

Thanks CitizenB.

 

I have used the CCCS before but they couldn't do much at the time. The Cashflow page looks interesting and I shall be looking at that.

 

Cheers,

 

Royal.

[renegadeimp]

There is always Bazzoka Boos letter

 

Dear Curr or Madman,

 

Thank you for prompting me to check my income

and expenditure having do so I can confirm that

I must reduce my payment to you to £1 permonth

thank you so much 1st payment herewith.

 

I'm stealing this one!

[royalblue1878]

Ok, this is a surprise. These two cases that MBNA gave up at the last minute have just been sold to MFS Portfolio. My last contact was when Restons agreed to halt proceedings on the day the case was due to be heard in court.

 

I have not heard from MFS yet but do they have any options as the original paperwork could not be found by MBNA?

 

Any thoughts?

 

Chhers,

 

Royalblue.

[Autodrome]

I'm curious are MBNA habitually dropping or stopping cases at the last minute?

[royalblue1878]

They did this a couple of years ago. They went the court route but couldn't find any original paper work so backed down at the last minute, in fact the morning of a court hearing.

 

Two years later I get a letter saying they have sold this debt on.

 

Does anyone know what rights the company that have bought the debt have? What can they do?

 

Cheers,

 

Royalblue.

[citizenB]

I'm curious are MBNA habitually dropping or stopping cases at the last minute?

 

Any case that has similarities to Harrison v Link appear to be dropped.

 

 

http://www.bbc.co.uk/news/business-13199797

 

Harrison v Link Financial Ltd ALL ER (2011).pdf

[the_shadow]

If you issued a defence to the claim then its game over for them using the same circumstances or particulars of claim so to speak, once you have defended a claim they cannot then raise the same issue again without the material facts being different.

 

They can chase outside of course but that should be it as far as legal action goes.

 

S.

[royalblue1878]

Thank you Shadow.

 

I was hoping that would be the case.

 

Regards.

[Mydogsawestie]

Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#pagetop

 

I've had a letter too!

[royalblue1878]

Westie,

 

I wonder if these people bought old debts as a job lot or just weren't told of their history.

 

I think I would want my money back if I had bought my debt!

 

Good luck.

 

Royalblue.

[royalblue1878]

Hi Westie,

 

Heard anymore?

 

Had a letter today from MFS saying they are the new creditor. Do you think that makes a difference to the discontinue rules you posted above?

 

They have also named the same solicitors as before. (also the same ref numbers)

 

Royal.

Edited July 10, 2012 by royalblue1878

[citizenB]

RB, there are quite a lot of threads regarding MBNA/MFS - it might be a good idea to have a read.

 

Especially if there is a CCJ or tomlin order involved.