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Link taking court action for MBNA debt


billsters
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Thanks

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Did you substantiate that at all? There's a reason I suggested you type up "exactly" what was in your defence :-)

 

If I type it up, they will be able to identify me.

 

I didn't substantiate it, no. I thought it seemed evident the charges are OTT.

 

I get the sense that there isn't much point in fighting this and I can't stop them getting a charging order. Oh well.

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  • 2 weeks later...

Is anyone able to help simply, I need to know ...

 

How to get any judgement set at terms, like the 20 a month i am currently paying, so they can't send in bailiffs. Do I propose this at the hearing?

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Is anyone able to help simply, I need to know ...

 

How to get any judgement set at terms, like the 20 a month i am currently paying, so they can't send in bailiffs. Do I propose this at the hearing?

 

You would need to provide a thorough review of your Income and Expenditure and possibly back it up with bank statements etc. You can ask, but whether they would agree to it, is up to the Judge and the claimant.

 

TBH, we cant really help you if you feel unable to give us more information.. however, I do understand why you do not feel comfortable doing this.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

Sorry to hear this - sadly as you have property then Link will almost certainly insist on a charging order in order to secure. Have you send the request to vary on the correct form? If you are on benefits, I think you will be able to avoid any fees.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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yes, thanks, have sent in same form as last time and offered 10 a month ( am already paying 20 a month on previous order).

 

i don't mind a charging order as long as they can't make me sell.

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  • 2 years later...

Link are the only company to take me to court and get a CCJ, 3 years ago.

 

The court set repayments at £25 pcm. I could afford now to pay the whole remaining £5k back in one go, but don't feel like it :-) maybe they will go out of business sometime, eh.

 

Link have tried to discuss a "review" with me, suggesting I might like to pay less, but I'm guessing paying less would give them grounds to claim I wasn't meeting the court's terms.

 

They also send statements with screaming lines about "ARREARS" but they've stopped adding interest.

 

I don't trust them, I pay them by standing order and that's that.

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correct.

 

 

did still sar mbna

 

 

you never know what it will show up

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 8 months later...

Had a call claiming to be from Link today, although the number was withheld.

 

Welsh accent and cocky attitude, demanding my details and telling me that if I didn't give them the details I would be receiving a letter. ("so there", I assumed.)

 

Nothing has changed since last year, they are still paid by standing order and I have no intention of changing that.

I wonder if maybe they have picked up one of my old debts from another DCA, but they should all be statute barred by now.

 

I doubt it's worth their while going back to court to get the payments increased.

 

I wonder if they want to offer me a full and final settlement;

but would that be allowed, once a CCJ has been settled on me owing them £5k and paying £25 a month?

 

 

I have no real incentive to go for a full and final and don't trust them at all.

 

PS I will update you once I get the letter.

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don't forget that SAR to MBNA

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Had a call claiming to be from Link today, although the number was withheld.

 

Welsh accent and cocky attitude, demanding my details and telling me that if I didn't give them the details I would be receiving a letter. ("so there", I assumed.)

 

Nothing has changed since last year, they are still paid by standing order and I have no intention of changing that.

I wonder if maybe they have picked up one of my old debts from another DCA, but they should all be statute barred by now.

 

I doubt it's worth their while going back to court to get the payments increased.

 

I wonder if they want to offer me a full and final settlement;

but would that be allowed, once a CCJ has been settled on me owing them £5k and paying £25 a month?

 

 

I have no real incentive to go for a full and final and don't trust them at all.

 

PS I will update you once I get the letter.

 

If the payments have been ordered by the court, then Lowells would have to return to court to have them increased.

 

You should insist on everything in writing as this has been subject to a claim.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sorry, I didn't mean to hijack another thread, thought I was adding to the info about Link and how they operate!

 

Have now received a letter "...on this occasion you declined to give your details. We can understand your reluctance to confirm details but we do need to speak to you and ask that you call us now to discuss your account. Please call us on ... please telephone our office today".

 

Yours sincerely, illegible scribble and no name.

 

Should I ignore?

 

Thanks

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Ps I suspect this is in regard to a different debt, one that is either statute barred or very close to becoming so, so should probably sit tight until they send something else. The paperwork says Link and not Lowell, but Lowell were sending me the odd letter until quite recently.

 

Maybe they are hoping to confuse me into admitting to a debt (if I talk about the CCJ) on the telephone which they could take as me admitting to another debt. If I said "I'm paying you the money I owe you by standing order", for example.

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Ignore...if its important they will write.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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