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

[Jameson78]

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.

[Hardupnotfedup]

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

[Jameson78]

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.

[Hardupnotfedup]

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

[Jameson78]

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.

[Jameson78]

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?

[Hardupnotfedup]

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.

[Jameson78]

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

[regan11]

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.

[angry cat]

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

[Jameson78]

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

[dx100uk]

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

[MARTIN3030]

I have heard of the same 3 times this week.

[harrassed senior]

Send the 'in dispute' letter then file!

[alfwithhair]

Who is the DCA?

What kind of debt does it relate to?

[cerberusalert]

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.

[Jameson78]

DCA is Allied International Credit

OC is MBNA Virgin

 

Will send it back and keep you posted - thanks guys

[dx100uk]

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

[angry cat]

AIC...not surprised!

[Jameson78]

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?

[dx100uk]

who is the fake/tame solicitor and the OC

 

dx

[ims21]

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?

[dx100uk]

three threads going back 3 yrs merged.

 

to show story of advise.

please keep to ONE THREAD

 

per debt.

 

dx

[dx100uk]

what does your CRA file say?

 

dx

[Jameson78]

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