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    • its a 12mts contract else why would it say till 2021 and first month..   simply states they don't charge a joining fee clever marketing ploy as people don't read things. it IS a monthly payment, that runs for 12mts.   but anyway there is stuff and all anyone can do to you.   dx        
    • Hi Slick,   Amazingly fast reply, thank you!   According to the reference on the payment it says "ON 24 SEP BCC" and the payment cleared 25th September at 11:26   I was simply told to sign up on the website by a staff member in the gym, no further information was given to me by them. The website stated that it's a rolling monthly membership that could be cancelled at any time "No contract membership JUST £14.99 a month, until 2021*" As far as I am aware there was absolutely no minimum membership length, unless there's some small print I've missed somewhere. But Harlands haven't mentioned anything about me being obliged to pay for a certain length of time so... I've attached a picture to this post of what I signed up for.   Also, I'm not sure if this has any relevance at all but the building is plastered with £9.99/month signs EVERYWHERE yet it costs £14.99 when you go on the website. False advertising 🙄 Could perhaps use that as leverage in a letter if it comes to it, I dunno? 😂
    • I look forward to hearing from a member of the team 
    • Hi Selrahc and welcome to CAG   Please be in no hurry to contact X4Less, Harlands or CRS - they can do nothing for now.   Before you do anything, we need more info. Please confirm :-   1. Approx date you joined.   2. Were you told it was a rolling monthly m/ship by a staff member, or a longer minimum contract.   You have no need to reply to any demand from Harlands/CRS so ignore them for now.
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Dear all,I have received a letter today from MBNA telling me they have sold my credit card debt to MFS Portfolio ltd,

 

this debt has a CCJ and a charge on my house in place and I have an agreement in place with Restons to pay £50 a month,

 

this a standing order and has never been missed.

 

Please advise me on what to expect next and what I should do as there is no phone number to contact MBNA,

and when I searched the person I spoke to said nobody could help me till Monday.

 

Thank you.

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I assume that the £50 per month payment was the agreement you made in Court when the Charge was put on your House?

If so there is nothing MFS can do to alter that, as it is the subject of a Court Order if that is one of your worries.

 

MFS will write to you soon and when they do, you can immediately hit them with a CCA request to let them know that you know they cannot push you around.

 

Also send an SAR to MBNA and see how much in unlawful charges you can claim back from them if you have not already done so.

 

Do not deal with any of theses people on the phone.

 

They will lie and confuse and worry you by saying things that they would not dare do in a letter.

 

And keep all their correspondence with a view to using it against them at a later date.

 

When MFS do write [if they phone, insist you will only deal with them in writing and do not answer their security questions] and there is something that worries you,

just let us know and you will be advised how to proceed.

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http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

 

Have a read of the link above.

 

If you have an agreement in place and made by way of a court order or indeed if it was an agreement reached outside of court then MFS will not be able to change the terms of that agreement without proceeding to court again.

 

HTH

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4: Staying Calm About Debt  Read Here

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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

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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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thank you lookinforinfo

 

,It was an agreement made with restons after the charge was made.

 

What happens to the charging order?

 

Do MFS now own that too?

 

Whats the point of cca, the debt is mine and am paying it.

 

Will try SAR but sure I had PPI or the like,

 

I work fot the NHS they pay when you are sick, not that i am.

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I would suggest that you write to MBNA (Head Office) and copy to Restons.

 

You want confirmation that in making a decision to sell your account on - have the advised the new owner of the debt that an agreement is in place between you and MBNA?

 

Most debts are sold on with the bare information eg - name - account details - balance outstanding.

 

The new owner is unlikely to know that this has been to court and what happened next.

 

So it is up to you to tell MFS if they make contact and try to imply that they have the right to add to the debt - unless the court order specifically allowed for that, then the only rights they have are to

 

a) continue with the arrangement made, legally

b) return to court to ask the court to change the terms of the arrangement

 

As long as you have adhered to the arrangement made between you and MBNA , then all should be well.

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

 

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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Also as I recall, the court order was full amount with no allowance for added interest.

 

Excellent :)

 

Let us know how you get on. If /when you recieve any communication from the new owner - let us know.

 

If they attempt to make contact by telephone. You must simply advise that under no circumstances will you discuss your financial position on the phone - they must, as is your legal right, communicate to you in writing.

  • Confused 1

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

 

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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how was 'the agreement' to pay restons arrived at?

 

if they did not take you to court

 

what are you doing paying them?

 

only A JUDGE can deem how much & when you should pay & to whom

 

dx

  • Confused 1

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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Wanting Help-the point of asking MFS for a CCA is to confirm that they hold your original agreement from MBNA. If not then the question arises if they have the right to demand payment from you.

 

The SAR is to see if MBNA levied unlawful charges during the course of your business dealings with them.If they did and I would be surprised if they didn't, these charges are reclaimable. I am

unsure whether you had PPI or not.If you did and you already were well covered by the NHS then you could have claim since the PPI would be considered to have been missold in your case.

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Wanting Help-the point of asking MFS for a CCA is to confirm that they hold your original agreement from MBNA. If not then the question arises if they have the right to demand payment from you.

 

Nonsense, I’m afraid. A CCA request is a waste of time. Any Consumer Credit Agreement has been superseded by the judgment.

  • Haha 1

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Puzzled as to why MBNA sell an account with a CCJ that is paying £50 a month.

 

Chances are the new owner doesn’t know there’s a CCJ, and MBNA forgot.

 

The new owner, if they want payment, must apply to the court to be replaced as the claimant. Bet they haven’t done that. Call the court and ask.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Nonsense, I’m afraid. A CCA request is a waste of time. Any Consumer Credit Agreement has been superseded by the judgment.

 

I don't think it is nonsense. I was aware of the C/O when I suggested the CCA. If they cannot produce the original agreement it may call into question whether the CCJ should

have been applied in the first place. In addition, it is a shot across the bows of MFS that if they attempt to increase the loan or call in the Charging Order, they will have a fight on their hands.

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You're right, it isn't nonsense. In fact, it's bollix. If that's the case, a set aside is the correct route.

 

Please don't raise false hopes for the OP.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I'm not sure if the new owner can also apply to be replaced as the beneficiary of the CO. That's one for Andy.

 

Have alerted andy to that question :)

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

 

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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i know this sounds strange...

 

but you have CHECKED there IS a charging order ?

 

that letter in post 29 reads they 'hope' they'll get one?

 

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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Worried sick 18 -

 

as Wantinghelp's situation may end up being different from yours, it is better that you start a new thread.

That's not to say that you shouldn't check this thread out regularly

but there is a danger that you could hijack this thread.

 

Also having two different threads may attract different memberes wishing to help

and thus you will get extra ideas perhaps on how to handle your situation.

 

Wantinghelp,

 

I assume that the £50 per month payment was the agreement you made in Court when the Charge was put on your House?

If so there is nothing MFS can do to alter that, as it is the subject of a Court Order if that is one of your worries.

 

MFS will write to you soon and when they do, you can immediately hit them with a CCA request to let them know that you know they cannot push you around.

 

Also send an SAR to MBNA and see how much in unlawful charges you can claim back from them if you have not already done so.

 

Do not deal with any of theses people on the phone.

 

They will lie and confuse and worry you by saying things that they would not dare do in a letter.

 

And keep all their correspondence with a view to using it against them at a later date.

 

When MFS do write [if they phone, insist you will only deal with them in writing and do not answer their security questions] and there is something that worries you,

just let us know and you will be advised how to proceed.

 

 

Once a judgment order has been made - that replaces the original agreement and there will be absolutely no point in requesting a copy. However, strangely enough the OP had already been provided with a copy prior to the court hearing.

 

It is correct that the OP should keep all communication to writing.

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

 

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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As the OP there is definitely a charging order in place, I have the paperwork from the Land Registry confirming it.With regards to MBNA leaving the UK market, what happens to those of us with debts with them?

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I imagine the portfolio will be totally sold off. Which is what appears to be happening.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Keep paying as per agreement. You don't deny the debt or judgment, so keep up the payments. Send money to MBNA as that is the only agreement you have. It's up to the new lot to get themselves replaced as claimant.

 

If Marlin start sending nasty letters without doing things properly (such as honouring the agreement), then it's time for war. You have done nothing wrong and they can't change the rules now without asking for your cooperation (or going back to court, which would make them look silly).

 

Not sure if estoppel would apply if they broke the agreement, but worth investigating.

 

So, in my view, keep paying MBNA (which even they have suggested) and come back to us when you hear from Marlin. Will be interesting.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Moreover, if they behave in a way which indicates they have no knowledge of the judgment, this could be turned against them with a bit of smart footwork.... Let's see what develops. Debt buyers and DCAs are not renowned for their intelligence or honesty (hence the existence of CAG).

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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This is why we mentioned earlier their strange use of the phrase 'credit card account'. There are no accounts or agreements, just a judgment and repayment schedule. So there may be confusion looming.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Wantinghelp, was your letter the same as Americanmuscle's?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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As the OP there is definitely a charging order in place, I have the paperwork from the Land Registry confirming it.With regards to MBNA leaving the UK market, what happens to those of us with debts with them?

 

 

 

Debt will be sold for the highest bidder (fodder) no doubt, which seems to be happeneing from what peeps say receiving letters fron different fodder, GOOD RIDDENCE MBNA from the sain element of the world, shut the door when you leave - BUT pay your taxes before you go.!!!!

:mad2::-x:jaw::sad:
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