MBNA CCJ/CO (Rest K) - sold to Marlin

[DonkeyB]

No, simply remind them that if they require a redetermination they are obliged to apply to the court. If your circumstances have not changed, they will be wasting their time and may well be regarded as becoming vexatious.

[bilious]

Hiya Donkey.. thanks for that very quick reply.. no change in my circumstances but they don't seem to care lol. Just worry cos they have their restriction they may try for a forced sale, even tho I know they've got very very little chance with my young family..

[DonkeyB]

If they try a forced sale when you are complying with the court order, it would be very easy to see off – there's little chance of a forced sale where a family is involved.

 

They are trying it on.

[Cadbury1879]

Hi Bil,

Wouldn't worry about it, your I&e was presented at the time. Circumstances havnt changed so just keep paying the required amount.You could if you wish complete an i&e to show this.I have about 4 requests a year from creditors on my own DMP. I ignore them as I can't afford any more and pay by standing order.Usually I recieve another letter about a month later saying " thank you for your recent correspondence"?? Please keep paying blah blah blah. Even though I havnt responded.

Cad

Just computer generated letters year after year.

[bilious]

Feels that way but you know what these bunch are like?

Lost all faith in the court system as they've been with me, so will not be surprised if they do go for the courts yet again... but great advice from you as always thank you..

 

Again thanks for the advice so am i ok in ignoring this letter?

And getting on with things, or pop a second class letter in post reminding them i am sticking to the judgment of October 2010 and cannot afford anymore etc etc?

 

Thanks in advance for your help chaps good to know i can always turn to you chaps here..

 

Bil..

[DonkeyB]

I would write and state you are sticking to the court-ordered payment, that your circumstances have not changed, and remind them that any changes to your payments can only be ordered by the court.

 

Use a sarcastic phrase like

'As you should be fully aware, only the court can amend its own order. It is not within your power either to demand directly from me a change in payment level or to demand the completion of an I&E form.

 

You should be fully aware of the correct channels to make such requests.

 

To imply otherwise is grossly misleading, and I reserve my right to complain to the OFT about your unsubstantial and unwarranted demands.'

[AndyOrch]

Absolutely DonkeyB, must write though don't ignore.

 

Andy

[bilious]

Thanks for the advice chaps!!! I really do appreciate all your help will fire off the above ( love to do the sarcastic one, but bit of a worrier me!!!) Just a one line paragraph should do them then! Thanks guys!!!

 

Bil.

[bilious]

Hi chaps just an update the letter was from their collections and it's up for review etc etc etc... wanted bank statements, proof of income, mortgage etc etc proof of other debts the works, so in the end i did use the sarcastic line that donkeyb so kindly put up, so now just waiting for their next set of veiled threats to me...

 

Oh and it's essential i keep up my payments etc got to love em eh!!

 

Thanks for putting up with me chaps.....

[Cadbury1879]

Hi Bill

Think there was a John Lennon song which

Had the lyrics " mind games forever"

I'm sure you get my point.

Cad

[bilious]

Yep have had a letter back from their collections department to carry on paying the said amount monthly.. looks like its just the usual wind up every six months??? I hate em i really do, but thanks all for your help be back in touch if anything else raises it's head..

 

Regards..

[Cadbury1879]

Hi Bil

Think about it , if you wanted to collect money from hundreds of thousands of people, You have taken all the usual steps, harass them, phone calls, letters .Court , Charging order. Maybe one person in a thousand is now better off or so ground down they want it to stop.

Offer to pay more.Result for the creditor! Wins. No matter what the Circumstances.

If you can't pay more they have shot all there bolts,

[Cadbury1879]

Hi Bil

Think about it , if you wanted to collect money from hundreds of thousands of people, You have taken all the usual steps, harass them, phone calls, letters .Court , Charging order. Maybe one person in a thousand is now better off or so ground down they want it to stop.

Offer to pay more.Result for the creditor! Wins. No matter what the Circumstances.

If you can't pay more they have shot all there bolts,

[bilious]

Hiya Cad, very true bet they just love the knee jerk syndrome? Anyway now i know i can expect this every few months i'll have my e-mail ready for em, to fire off

 

Thanks for your advice..

 

Bil

[DuffNCustard]

I wonder - have they been sending you statements of your account? They are required to do so by law - if they haven't and if you feel like poking them with a stick send them an i&e (they are entitled to that), definitely no payslips or anything else (they are not entitled to those) and a request for a statement and a copy of their complaints procedure. This paves the way for a complaint to the FSA - which they will be sure to delight them and make their day.

[bilious]

Nope no statements of account this is the first i've heard from them in seven months! And i do believe (correct me if i'm wrong.) they aren't entitled to an i&e only the court can order that to look at??? They can request one for me to fill in, to pick over and say hang on you pay too much for food give us more money. Which they have done before...(Telephone conversation in the old days before cag opened my eyes somewhat..)

[bilious]

Another update! Had a rather lovely letter from Optima saying we reserve the right to do regular reviews of your payments etc etc. You must make your payments etc any missed payments will result in immediate legal action! Thanks for that great letter at Christmas....

 

Then again force a sale chaps, and if you make any money from it, it'll still leave loads. And i will declare bankruptcy. So it'll be your loss..

 

Any views please??

[sillygirl1]

It unfortunately is the time of year the scumballs are trying to tidy the accounts for the year end audits, and the financial year end audits in March, they do not have a heart.

 

I have had the pleasure of telling one phone monkey today that "I sincerely hope their job will be cut in the coming budget cuts". Don't think she was impressed!

 

It is unlikely they will force a sale if there is no equity, and the government are against companies doing this for debts under £25,000 anyway - so it is just empty threats - remember in debt collecting "Them what shouts loudest often has least claim on you".

[Cadbury1879]

Hi Bil,

Tried PM you Month or so ago, don't know if you got it as my mail boxes seem to be full, and couldn't clear them on the iPhone. Borrowed daughters lap top and cleared now so should work ok now.Defo need a pc or laptop in new year.Letters, letters, letters that's all they are, generated in there hundreds of thousands, by the debt collection industry. Recently got one for a Business debt in 2002 threading court action. What idiots, perhaps the ill informed roll over and are controlled by these people.

Not me or you though.

You have nothing to fear, they shot all there bolts, other than letter mind games imo.

So have a good Xmas and a happy new year.

[bilious]

Thanks guys! Just nice to get some reassurance!! I do know at the end of the day if they do try it, then it'll be my MP, the press anyone who will listen pretty sure they wouldn't like a watchdog, or BBC program on trying to put a young family on the street for not very much if any equity on a shared ownership, but to be truthful let em try...

 

Roll on a recession for these idiots!!! love to see em all lose their jobs to overseas companies!!!

 

But thank you for your help once again!!!!

[bilious]

Well been all quiet now guys! thanks for your advice! Anyone know who i can write to, to downgrade from my hsbc advance account to a normal account where i do not get charged the 13 pounds a month that can help us and not them?

 

Not gonna phone em after what i've been through with them and mbna, but there must be an address to write to?

 

Thanks for any help guys...

[sillygirl1]

Why not go into a branch and get it done there, much better than writing (who knows where your letter will end up) and should get you some action.

[bilious]

Hi guys am now getting missed calls and texts from a lewis group? Anyone know who they are? Cos i've sort of read they do doorstop visits and i don't want em around... Thanks in advance and am not phoning them back to find out what they want have told all my creditors letter only etc etc..

 

Thanks in advance..

[AndyOrch]

They use to handle B/Card ?

[Cadbury1879]

Hi Bil

Copied this from Cattles website,

Company overview

 

Cattles has three businesses - Welcome Finance, Shopacheck and The Lewis Group.

 

Until December 2009, Welcome Finance provided unsecured and secured personal loans and hire purchase for cars to individuals with non-standard credit profiles. Welcome Finance is now closed to new business.*

 

Welcome Finance has 400,000 customers whose accounts are managed by a network of branches across the United Kingdom.*

 

Shopacheck, the second largest player in its market ('home collected'), provides small ticket loans to customers with non-standard credit profiles. Local agents visit customers at home to collect customer repayments.*

 

The Lewis Group is a UK leader in debt recovery and investigation services, serving both external clients (e.g. banks, catalogue retailers, utility companies) as well as Welcome Finance.*

May be worth posting a new thread. Doubt they can do much, except intimidate as usual. I would ignore or send a harassment letter etc. Wouldn't stress to much.

Cad