Jump to content


  • Tweets

  • Posts

    • Dear Man in The Middle   Actually I should be thanking you   I have been impressed by your kindness your professionalism and your prompt reply   I very much thankyou for your thorough reading through my case and pin pointing every point   I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better     Cant thank you enough for being so helpful and may you be blessed
    • HB.    What's wrong with" Girl done good"?  Not tripped over one of those politically correctness bumps have I.    We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.   Apologies wherever necessary.
    • Hi    yes i already have -    the agreement  Notice of assignment  statement - but not fo complete period  2006-2016, and this is just printed on plain paper      So i will just request the Default notice and full statement on the CPR Form 
    • Thanks for the feedback. A couple of comments:   1. Before Magistrates arrive at court they have no idea what sort of offences they will be dealing with or who they will be dealing with.  They are given a list of defendants and the charges against them on arrival and that's it. Their Legal Advisor (the person sitting in front of them and facing the court) runs through that list before the court begins, but only to point out anything unusual or anything in particular they need to know. In a traffic court there is not usually anything to tell them. They have no papers given to them about any of their cases (except occasionally when dealing with trials or probation reports) until the case is called on. They rely on being provided with any papers they need by either the prosecutor or their Legal Advisor..   2. Your fine is based on your weekly net income and no account of expenditure is normally taken. It is asked for so that, should the defendant ask to pay in instalments, some idea of how much per week or month he can realistically afford can be gained. Actually, your fine was not harsh. On the contrary you were treated rather leniently. The guideline fine for 76 in a 50 is one and a half week's net income. £6,200 pcm is £1,430 pw. So your fine should have been £2,145. Your guilty plea would knock it back to £1,430 - one week's net income, as I mentioned in an earlier post. In addition to that you would pay £143 in the form of a "Victim Surcharge" and £85 towards prosecution costs - so £1,658 in total. Had you pleaded Not Guilty and been found guilty at trial (a near certainty from what I remember you told us) not only would you have lost the discount on your fine but you would also have paid £620 prosecution costs. A conviction following a trial should have cost you £2,145 (Fine) + £170 (VS) + £620 (Costs) which equals £2,935 (the maximum Victim Surcharge for offences committed before 28/6/19 is £170).   Other than that I'm not surprised they asked why you would prefer a ban instead of points and even less surprised that they chose points over a ban. I doubt your presence made any difference at all (which, again, I suggested earlier that it probably would not). Sentencing for speeding is very prescriptive and there is rarely any mitigation or other factors surrounding the offence or the offender which would significantly influence the outcome. Speeding becomes a very expensive business when cases come to court, especially for those on high incomes and very often a "view" is taken by the Magistrates that the calculated fine is a "bit steep". That's probably why you were cut some slack.   One other point which will probably upset you more than help (but which I think it is important you are aware of). Had your recorded speed been just one mph lower you would almost certainly have been offered a fixed penalty (FP) of £100 and three points. FPs are normally offered up to 49mph in a 30 limit, 65 in a 40, 75 in a 50, 85 in a 60 and 95 in a 70.   Thanks again for the feedback.
    • Thanks, they have just emailed this to her.   IMPORTANT - YOU SHOULD READ THIS CAREFULLY   DEFAULT NOTICE under Section 87 (I) of the Consumer Credit Act 1974   This is a Default Notice served under Section 87(1) of the Consumer Credit Act 1974.   In breach of clause [3] of the Agreement, reference XXXX, you have failed to pay the monthly instalments which fell due on 31-10-2019 on time and in accordance with the terms of the Agreement.   To avoid further action, please pay the arrears to us, which total XXXX by 04-12-2019.   If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach.   If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you.   If you fail to pay XXXX on or before 04-12-2019, we will enforce our rights and: Send you a letter terminating your Agreement; Demand you pay the balance due under the Agreement to us; Report your default and non-payment to credit reference agencies; and Issue legal proceedings and request Judgment for the balance due under the Agreement. If the arrears are not discharged and the Agreement is terminated, you must make payment of the balance referred to above as a lump sum. If that lump sum payment is not made on 04-12-2019 balance will be recalculated as at the date when such payment is actually made or to be made. In your own interests, you are strongly urged to contact us by telephone on 0203 757 1933.   If you have difficulty in paying any sum owing under the Agreement or taking any other action required by this Notice, you can apply to the Court which may make an order allowing you more time. You should be aware that if we take you to Court and get a Judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the Judgment and interest under the agreement on all the sums owed by you at the date of the Judgment until you have paid these in full.    If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor or your local Citizens' Advice Bureau.   This notice should include a copy of the current FCA's information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one. If you would like to speak to us to discuss your arrears or the content of this notice, please contact us on 0203 757 1933   We look forward to hearing from you. Yours Sincerely,
  • Our picks

Jameson78

MBNA - Claim Form received today ***Resolved/Settled by Tomlin Order***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2022 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Quick background:

I CCA’d MBNA Virgin and received my credit agreement. Unfortunately for me, it is enforceable.

I have paid up my arrears and have restarted my monthly repayment agreement to avoid further action.

My circumstances currently are that I am out of work and seriously considering "signing on" but I probably won’t because I never have and I am confident that I will find something in a month or two.

Before I write to Virgin/MBNA, I wanted to seek advice from my fellow Caggers regarding my intention pay them less each month.

My current plan is:

1. Write to them and explain my circumstances and offer what I can currently afford monthly.

2. Cancel my direct debit and simultaneously set up a Standing Order for a quarter of what I am currently in agreement to pay them monthly.

I guess if I can’t pay then I can’t pay and there’s nothing much they can do about it. I assume they will ask me to fill in a financial statement but I know that legally I am not required to do this and frankly, I don’t want to.

Is this the right path? Possibly trying to avoid a DN, although I have a collection of DN due to my other unenforceable agreements – so one more really won’t make much difference.

Or should I just not pay and after several threats, call the number and negotiate, hoping that they will agree a lower payment?

I want to try and be in control of the situation even if there is an enforceable credit agreement in existence. Anyone know the best plan of action for me? Thanks.

Share this post


Link to post
Share on other sites

Just explain your circumstances, ask them to freeze interest, also I would sign on and if nothing else that will keep your NI contributions up to date.

There are template letters on here or the CAB may be able to help


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

Share this post


Link to post
Share on other sites

Thanks, they have frozen interest already and agreed a monthly repayment. I want to see if I can reduce this by cancelling the DD and setting up a SO for a lesser amount.

Share this post


Link to post
Share on other sites

Just explain that you cant afford payments the hard bit is done ,stopping the interest.

Offer them £1 a month see what they say. If you aren't employed they will have to accept that or nothing, remind them nicely and not in a threatening way that no court would make you pay what you can't reasonably afford. Have you got any PPI on the cards that may bail you out. keep a paper trail to show a court if it ever gets that far that you have tried to co operate


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

Share this post


Link to post
Share on other sites
Just explain that you cant afford payments the hard bit is done ,stopping the interest.

Offer them £1 a month see what they say. If you aren't employed they will have to accept that or nothing, remind them nicely and not in a threatening way that no court would make you pay what you can't reasonably afford. Have you got any PPI on the cards that may bail you out. keep a paper trail to show a court if it ever gets that far that you have tried to co operate

 

That's great thanks. I guess I wanted to hear it from someone else! Will write to them and cancel my DD and set up a standing order.

Share this post


Link to post
Share on other sites

I've noticed that the page numbers of my credit agreement are not numbered.

 

How big a breech is that? Is it enough of a breeach to make the agreement unenforcable?

Share this post


Link to post
Share on other sites

Why not post up what you have removing personal stuff and any barcodes I don't thinkl the lack of page numbers will help you as long as the prescribed terms are contained on 1 page.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

Share this post


Link to post
Share on other sites

stating that they are only acting on behalf of OC and that the CCA must be requested directly from OC.

 

In my CCA request I stated that "if you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment and places a duty upon you to pass this to the creditor..."

 

I don't want to purchase another £1.00 PO and write to the OC because the DCA is now chasing the money. Any suggestions on what to write back? Can I resend them the PO and bring to their attention s.175 as typed above?

 

This isn't a SAR request where I have to always write to the OC. Any help appreciated. Thanks

Share this post


Link to post
Share on other sites

I may be wrong but I would tell them the account is now in dispute and will remain so until they comply with your CCA request.

Share this post


Link to post
Share on other sites

No they are incorrect, the DCA has a legal obligation to comply or, pass the request to the OC.

Share this post


Link to post
Share on other sites

ok, that makes sense. Anyone wish to confirm that? They have sent me back the £1.00 PO. Shall I re-send it to them or is it tough that they sent it back to me? lol

Share this post


Link to post
Share on other sites

usual bull

if they are demanding money from you they must hold the correct paperwork

 

send it back

giving them 14 working days

if they do not repond

send the failure to comply letter - a/c in dispute

 

more background info pse on the debt

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I have heard of the same 3 times this week.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

Send the 'in dispute' letter then file!


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

A few DCAs are trying this trick, resend the request along with the 'In Dispute' letter and ask for their complaints procedures. Not only will it save a couple of stamps but you'll be able to escalate the complaint. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

DCA is Allied International Credit

OC is MBNA Virgin

 

Will send it back and keep you posted - thanks guys

Share this post


Link to post
Share on other sites

he he

i'd forget it

AIC the little darling

 

bet it an old debt too or no CCA or SB'ed.

 

as for getting a CCA not a chance out of MBNA, well a really one anyhow.

 

i'd ignore them.

 

whats the debt history.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I received a letter from a solicitors today demanding payment (£8,342) in full and a form requesting financial details.

 

I know that there is no legal obligation for me to return them the filled in form,

however, my instinct is telling me that are after a charging order.

 

I believe the credit card CCA is enforceable. (debt is from 2007), I will post a copy it later.

 

I live with my partner and our 3 very young children – all under 6 years old. The house is in my name with a mortgage.

 

I have been reading.. and reading… as it stands,

when a debtor has a CCJ and is paying in installments set by the court,

then a creditor may not pursue a charge on a debtors property BUT from 1st October,

that protection will no longer exist.

 

Once a CCJ is obtained, then even if a debtor is complying with the terms of the court order, (or even an IVA),

then a creditor can still look to enforce the debt via a Charging Order.

 

My question is:

How can I protect my asset, my home?

Is it easy to transfer the deeds to my partner?

I would need the blessing of my mortgage company, but how do they view such a request?

Are they common?

My partner’s credit is very good.

 

What worries me is the thought that they will bypass me,

ignore anything I have to say and just go straight for the throat and get the CCJ/Charging Order.

 

I can not afford the repayments they would probably want,

but my point being they will take the payment and pursue the CO anyway.

 

Is there anything I can do to avoid this?

Share this post


Link to post
Share on other sites

who is the fake/tame solicitor and the OC

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Does this account have PPI on it that you could reclaim?

 

Does this account have penalty charges for late payment or being over limit and the like on it?

 

What have you got in the way of statements?


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

three threads going back 3 yrs merged.

 

to show story of advise.

please keep to ONE THREAD

 

per debt.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

what does your CRA file say?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks for the housekeeping dx

 

Interesting entry on my CRA file.

MBNA states Default (satisfied) Default date end 2009.

 

Then I have another entry under a new DCA (Arrow Global) for the same amount. This is the DCA that has passed me to Restons Solicitors as handpicked for litigation.

 

No PPI ims21 and I have a few very old statements going back 2006/2007

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...