Me and MBNA

[Americanmuscle]

Was this a formal agreement?

 

Formal as in agreed on between MBNA/Restons and myself without a court order for how much to pay then yes. As I mentioned earlier all the court did was issue me with a CCJ there was no order from the court on how much I should pay each month, I made an offer to Restons of £xx amount per month, they accepted my offer on the condition the court agreed a Charging Order on my property (with reviews).

[DonkeyB]

Formal as in agreed on between MBNA/Restons and myself without a court order for how much to pay then yes. As I mentioned earlier all the court did was issue me with a CCJ there was no order from the court on how much I should pay each month, I made an offer to Restons of £xx amount per month, they accepted my offer on the condition the court agreed a Charging Order on my property (with reviews).

 

Confirmed in writing?

[Americanmuscle]

Ok, have just found out the letter from Restons in reply to my letter with a monthly amount I have offered and it reads...

 

Due to the sizable balance and poor repayment history the claimant requires the security of a Final Chraging Order against your property. They do not require this for the purpose of requesting an Order for Sale but merely to ensure repayment of the judgement debt by way of a sale or remortgage at some point in the future.

On the basis the Final Charging Order is granted the claimant is prepared to accept repayments, as offered at the rate of £xxx per month, subject to reviews.

 

I'm as confused as the OP to why MBNA would sell off the debts they are guarenteed to get?! The only thing I could think of was to balance the books in this financial climate that is screwing everything!?

As I mentioned in an earlier post ref Charging Orders, would I be correct in saying MBNA can NOT just hand over the Charging Order with the account they have sold?

 

 

 

I was going to start my own thread but as I appear to be in the same position as the OP I thought it best to keep it all here as any replies would benefit us both.

 

Confirmed in writing?

 

Yes, see above!

[DonkeyB]

Subject to reviews. Downwards, as well as up.

[Americanmuscle]

Subject to reviews. Downwards, as well as up.

Indeed!

 

Well today I have finally received a letter from MFS Portfolio, it reads......

 

This letter is notification that we , MFS Portfolio LTD have had assigned to us all right, title, interest and benefit in the debts due in relation to the above account

,previously owed to MBNA. This means that we are now entitled to all sums owed under the account and the benefit of any actions taken by or on behalf of MBNA prior to the assignment.

We have appointed Marlin Financial Services (Marlin) as our managing agent, though your account will continue to be managed by Restons unless or until you are told that anyone else will manage your account.

It is important you continue to make payments to Restons to reduce the balance on your account.

 

Anyone know who or what department I would need to speak with at the court where my CCJ was issued so I can find out if it has been transfered?

[DonkeyB]

travisb received the same. Have a look here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356694-MBNA-and-MFS-Portfollio-Ltd

 

Here’s some comments I posted there that are pertinent to you:

Interesting. This looks like a standard letter sent to all debtors whether they have a CCJ or not (the latter being your case). The first thing they have done wrong is start to harass people with phone calls BEFORE they issued a notice of assignment (though this was not done in your case, was it?). That sort of behaviour is a serious concern for the OFT. Worth a complaint for those who are victims.

 

If they have sent that letter to people with CCJs, then it may well be another large fib. They would still have to be substituted as claimant, and must tell the defendant of this. Their simple statement – to carry on paying even if you have a CCJ – is blatantly misleading, and further cause for complaint.

 

Your next move is to remind them that the account is in dispute, as your valid CCA request from 2009 has still not been complied with.

 

Out of interest, have you checked your CRA fies and the registry trust for any dodgy CCJs recorded?

[citizenB]

I always ask for the Court Manager

[Americanmuscle]

travisb received the same. Have a look here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356694-MBNA-and-MFS-Portfollio-Ltd

 

Here’s some comments I posted there that are pertinent to you:

 

Interesting. This looks like a standard letter sent to all debtors whether they have a CCJ or not (the latter being your case). The first thing they have done wrong is start to harass people with phone calls BEFORE they issued a notice of assignment (though this was not done in your case, was it?). That sort of behaviour is a serious concern for the OFT. Worth a complaint for those who are victims.

 

If they have sent that letter to people with CCJs, then it may well be another large fib. They would still have to be substituted as claimant, and must tell the defendant of this. Their simple statement – to carry on paying even if you have a CCJ – is blatantly misleading, and further cause for complaint.

 

Your next move is to remind them that the account is in dispute, as your valid CCA request from 2009 has still not been complied with.

 

Out of interest, have you checked your CRA fies and the registry trust for any dodgy CCJs recorded?

 

I have had no phone calls.

 

I sent a letter to Restons with an updated income/expenditure sheet and informed them my monthly payments would be dropping due to the interest rise on my mortgage.

I received a letter back saying...

 

We write to confirm the terms of the repayment scheme agreed on the above account.

Your first payment of £xx must be made so as to be cleared through our bank no later than xxxyyy zzzz.

IMPORTANT-This programme is not a formal variation of your contract with MFS and may be varied or reviewed by us at any time in our diecretion an relies on the complete and accurate disclosure by you of your current financial circumstances.We may ask you at any time for an up to date financial statement for the purpose of reviwing the instalment plan.

 

I will be phoning the Court manager to see if anything has been changed with my CCJ, I'm guessing that as they have said nothing or informed me of anything, it is still listed as MBNA on it!

[citizenB]

I have had no phone calls.

 

I sent a letter to Restons with an updated income/expenditure sheet and informed them my monthly payments would be dropping due to the interest rise on my mortgage.

I received a letter back saying...

 

We write to confirm the terms of the repayment scheme agreed on the above account.

Your first payment of £xx must be made so as to be cleared through our bank no later than xxxyyy zzzz.

IMPORTANT-This programme is not a formal variation of your contract with MFS and may be varied or reviewed by us at any time in our diecretion an relies on the complete and accurate disclosure by you of your current financial circumstances.We may ask you at any time for an up to date financial statement for the purpose of reviwing the instalment plan.

 

I will be phoning the Court manager to see if anything has been changed with my CCJ, I'm guessing that as they have said nothing or informed me of anything, it is still listed as MBNA on it!

 

They CANNOT change the terms of the Judgment order without first applying to the court and you would be given the opportunity to respond.

 

They are WRONG..

[Americanmuscle]

Well, as I have not received any paperwork from either the court, Restons or the Land Registry

 

I can summise that MBNA or Restons acting on their behalf have not applied to the court to have the Charging Order changed to have it changed to benefit MFS.

 

I will keep paying Restons untill the new year, then I will write to MFS with an offer of a settlement figure and see what happens!

[Americanmuscle]

Well holy thread ressurection Batman!

It has been 12 months since my last confession...haha

 

It has been 12 months since MBNA sold off the debt after obtaining the CCJ and Charging Order,

 

and I have just (last 30mins) purchased a copy of the land register documents detailing who and what has an interest in my house,

 

as I suspected an interest is still registered by....drum roll.... MBNA! why am I not surprised

 

I have kept all paperwork from Restons etc especially where they state

'The sale of the account affects neither the CCJ or the Final CO. We remain instructed in this matter'

 

So a blatant lie on their behalf as the sale has obviously been affected due to MBNA having an interest registered on a debt they no longer own!

 

Is there a time limit for MFS who now own the debt to apply to the court to change the CO or can they do it when they like?

 

i.e if I contest anything or default for?