MBNA and sale of debt

[wantinghelp]

Yes donkeyb, all of my correspondance appears to be identical to that american muscle has received,including the communications with Restons. I will continue with my agreed payment plan and wait til the new lot contact me. I am sure americanmuscle and I will receive communication around the same time. I will let you know what it says when it turns up, which isn't today as the post has already been and the phone is not ringing.Worriedsick, you are starting to make me worried sick! I am aware the agencies are **** but I managed to deal with 1st Credit after they took the threat and harass route and have a payment plan in place.

[victoria_siempre]

Hi guys (and for Donkey, I loved the bit in PE about CAG)

 

My two pennyworths to inform the general debate: my two MBNA accounts (one old and dodgy and one new and kosher [from their perspective] were allegedly sold to Paragon/Idem/Idem/Arden as delinquent about four months ago; at the time MBNA were trying to exit entirely but couldn’t find a buyer at a suitable price (which speaks volumes). I guess they’re exiting in bits selling their tat in a series of car boot sales.

 

What is odd is that I was also invited to maintain my arrangement with MBNA which of course I declined given that they had appeared to have issued a notice of absolute assignment; the new bandit(s) re-designate the account as a loan with a new number but will provide no documentation and fail to respond to formal complaints with a final response without which I cannot complain to FOS (as I helpfully point out to them); result, silence.

 

love

 

vic

[citizenB]

Victoria, it is my understanding, if the company refuses to give a Final response, then you are permitted to take your complaint to the FOS - and simply adivse FOS that communication appears to have broken down and the creditor is refusing to provide a formal Final response letter !

[victoria_siempre]

True Citizen

 

But all that glisters is not gold and their silence is golden unto me; there’s no S in FO.

 

x

 

v

[citizenB]

[AndyOrch]

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.

 

 

A judgment debt can be assigned with or without a CO in place provided the details are updated to the Court from the Assignor /Assignee.But once already enforced the terms of the judgment cant be changed.(Unless they make application for further redetermination)The CO is merely a security aspect and has no relevance on the judgment.

 

The assignment of a judgment debt is subject to equities, meaning that the debtor can raise defences to enforcement arising out of the subject matter of the assignment.See section 10 of the Limitation Act 1980.

 

Regards

 

Andy

[DonkeyB]

Thanks Andy.

 

Luckily there’s no issues on this thread about the OPs wanted to evade their debts. I think the issue at hand is what will/can happen now, and to make sure they are not disadvantaged in any way. But the chance to lose a charging order is always a good thing.

 

Now off to read section 10...

[wantinghelp]

Thank you Andy, so basically they can sell the debt and it's tough luck, should I just continue with the payments as I am doing as someone has said I am not evading or denying the debt but simply paying what I can afford even though it is going to take a long time to end.

[DonkeyB]

[Posted in error.]

[citizenB]

Thank you Andy, so basically they can sell the debt and it's tough luck, should I just continue with the payments as I am doing as someone has said I am not evading or denying the debt but simply paying what I can afford even though it is going to take a long time to end.

 

 

Yes, you should continue to pay MBNA until such times as the new owner provides you with new bank details.

 

If and when they do contact you, can you please scan in the letter so we can advise further. If you follow the instructions below you shouldnt have any problems. Remember to edit out personal information

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[wantinghelp]

Thank you citizenb, when I hear something I will follow your instructions, yours and everyone else's help and information is greatly appreciated. Just when you think things are evening out, something comes up to bite you.

[DonkeyB]

Forewarned is forearmed.

[Old Cogger]

Forewarned is forearmed.

 

My old part time occupation back in the early 70s moto = R.O.C.

[wantinghelp]

hi there,

 

just to keep you up to date, i got a letter from restons after writing to them, they told me that they are acting on behalf of marlin and to continue to pay £50 to them as before, no interest has been added but can we review your payments. For me I will continue to pay £50, my income is down due to my increased pension payments enforced by the government and also increased gas and electricity and the emergence of a debtor i wasn't paying, no disposable income now!!!!

[DonkeyB]

Jeez. This is totally out of order on Reston's part. They are telling lies.

 

Who you pay is irrelevant. What matters is who 'owns' the CCJ.

 

Complain to SRA. Quick.

 

Would love Andyorch's input on this.

[wantinghelp]

i thought from andy's comment before they can sell if they want but have to be reassigned but otherwise carry on paying.

[wantinghelp]

what is sra?

[Mike_hawk]

wantinghelp

 

..... if the claimant wishes to be substituted it must apply [see CPR 19], there is no automatic right. Continue to make payments in accordance with the order until you receive notice. You can check with the court to see if the other side have filed, would probably be heard without notice [rubber stamping exercise]

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#IDAADKCC

 

Please bear in mind that the other side can revoke an earlier agreement, in writing, and at any time, so it would seem prudent to furnish them [Restons] with I&E if you wish to decrease payments. In the instance of revocation promissory estoppel would no longer apply.

 

Db's right though...... very shoddy response from Restons.

 

SRA.......... Solictors regulation authority

 

Phil

[dx100uk]

americans posts have been moved to their own thread here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?357143-Me-and-MBNA&p=3900959&posted=1#post3900959

 

dx

[dx100uk]

blueboys post

in a new thead here:

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=2356394

 

dx

[citizenB]

what is sra?

 

Solicitors Regulation Authority