Aktiv Kap/hassall SD *** old MBNA Card **Resolved by Tomlin Order**

[chinawhite1]

Thanks,

 

So is my next step to write to them directly and mediate, I dont do it through the court ?

[citizenB]

You would do it directly with the solicitor.

[chinawhite1]

hi could someone please take a look at my draft letter to sols, wasnt really sure what to put - many thanks CW

 

I write with regard to the above claim.

Further to receiving requested documentation I would advise that I will not be continuing with my defence based on lack of said documentation.

However, this debt was sold on whilst in dispute. Charges and interest continued to be added while the debt was in dispute. In November 2009 MBNA increased the interest rate from 1.09% to 1.59% without any prior notice. According to paragraph 11b of their terms and conditions they should have advised me of this rise at least 30 days before it took effect, this was not done and this placed me at an immediate disadvantage.

I therefore dispute the total amount of this debt.

I look forward to hearing your views on this matter.

[citizenB]

Sounds ok to me

[AndyOrch]

hi could someone please take a look at my draft letter to sols, wasnt really sure what to put - many thanks CW

 

I write with regard to the above claim.

Further to receiving requested documentation I would advise that I may be considering withdrawing my defence which was initially based on lack of said documentation.

However, this debt was sold on whilst in dispute. Charges and interest continued to be added while the debt was in dispute. In November 2009 MBNA increased the interest rate from 1.09% to 1.59% without any prior notice. According to paragraph 11b of their terms and conditions they should have advised me of this rise at least 30 days before it took effect, this was not done and this placed me at an immediate disadvantage.

I therefore dispute the total amount of this debt.

I look forward to hearing your views on this matter.

 

Regards

 

Andy:thumb:

[chinawhite1]

thank you will send off with amendments

 

thanks CW

[chinawhite1]

Hi i have just received the following response to my letter to WHassal - could somebody tell me what the best response would be , given that I do not have any lump sum available to settle with so would have to initiate a repayment plan of some sort ? thanks CW

WITHOUT PREJUDICE SAVE AS TO COSTS

Aktiv Kapital Portfolio AS Zug Branch – v –

Claim Number:

We refer to your email of 24th July 2013 and its attachment in which you indicated that you are considering withdrawing your defence in light of the fact we have now complied with your request for documentation relating to your account.

We note your comments about the change to the interest rate and that you dispute the total amount of the debt. Our records show that you owe a total of £15,017.22 (including our costs). We would welcome your thoughts on how much you believe you owe us – our client is happy to negotiate a settlement that is agreeable to both parties if this can avoid proceeding to trial where both parties will inevitably incur further expense. However, we would draw your attention to the fact that we do have a substantial amount of documents supporting our claim and therefore we are not concerned about the strength of our current case.

We look forward to hearing from you shortly.

[citizenB]

Have they provided you with sight of this "substantial amount of documents" which they are going to use to support their claim ?

 

Have you worked out the difference that the increase in interest made to the balance of the debt ?

 

If you have statements from that time to the date that they ceased adding interest then you should be able to work that out.

 

Then perhaps you could enter into an instalment agreement by consent order !

 

I will send an S.O.S to andyorch, although I would think he has notice that you have posted.

[citizenB]

" We would welcome your thoughts on how much you believe you owe us – our client is happy to negotiate a settlement that is agreeable to both parties if this can avoid proceeding to trial where both parties will inevitably incur further expense."

 

 

Thats the relevant point CB the documentation they have provided may have slight defects but not enough to challenge or push the defence through.

 

There you go, China.. if you can work out how much that unadvised interest came to over the balance outstanding from that point to the current date, then that is what you can question (ask to deduct).

 

Then of course you need to work out what type of repayment schedule you can genuinely stick to.

[citizenB]

If she could try to push for a Tomlin Order then we can suggest a good schedule that protects her and attains a good out come.

 

And this..

[chinawhite1]

Hi andy I know the amount of debt before they added all the charges as i have all the statements. but do I suggest a tomlin order to them ? and do I suggest it with proposed figures

 

thanks CW

[citizenB]

I will ask for you China

[chinawhite1]

Thank You

[chinawhite1]

any luck yet citizen B ?

[citizenB]

I have left a message for andyorch, I don't think he is online at the moment. I am sure he will respond as soon as he is

[chinawhite1]

okay thank you !! cw

[citizenB]

Are we up against the clock with your response ?

[citizenB]

Test the water with around 40% of the debt as the banks and card companies do not like these type of accounts on their books. You never know they may agree' date=' if they don't up it a little.[/quote']

 

 

A suggestion for you

[chinawhite1]

okay thanks they wanted a reply by the 29th july !! just not sure if i suggest the Tomlin order to them with a repayment schedule in my reply ???

[citizenB]

Ok, so you have until tomorrow. Andy will be around then , I am sure. I am sorry, I simply don't know the answer

[chinawhite1]

Hi i have to submit letter tonight as I wont be able to get on computer properly tomorrow as a working, is there any body at all out there who could advise if the following is okay to send ?? many thanks

Re: Claim number

I write with regard to the aboveclaim.

I dispute charges and interest tothe amount of £2031.22. This would makethe account balance £12,986.

I would be willing to enter intoa repayment schedule via Tomlin order. This would be at an amount of £5.00 per week.

I look forward to hearing yourviews on this matter.

Yours faithfully

[citizenB]

That looks ok to me

[batty69]

Hi i have to submit letter tonight as I wont be able to get on computer properly tomorrow as a working, is there any body at all out there who could advise if the following is okay to send ?? many thanks

Re: Claim number

I write with regard to the aboveclaim.

I dispute charges and interest tothe amount of £2031.22. This would makethe account balance £12,986.

I would be willing to enter intoa repayment schedule via Tomlin order. This would be at an amount of £5.00 per week.

I look forward to hearing yourviews on this matter.

Yours faithfully

 

With over 50 years to pay the debt back, I think that's likely to be rejected

[DonkeyB]

With over 50 years to pay the debt back, I think that's likely to be rejected

 

Not necessarily. The assignee would have paid peanuts for the account – so they will more likely look at the return on investment, rather than the headline figures.

 

That said, you are right – sure they’d press for more. But it’s a starting point for negotiation. The court may rule it’s a fair amount.

[citizenB]

Its really for the Claimant to suggest a Tomlin Order as they will draft it.Nothing to stop her suggesting it or even a Consent Order.

 

Apparently it is for the Claimant to suggest the Tomlin order as they will need to draft it. But as you can see from above, there is no harm in your making the suggestion.

 

In response to batty's comments - if there is a review built in then perhaps at some stage china will be able to increase the instalments.