2001 MBNA card debt, Arrow globa /shoosmiths giving 7 days to pay before court!

[GTTK]

Now received letter from shoosmiths advising they will send copies of Default, Notice & deed of assignment when they receive it. They are asking for a copy of the letter from MBNA regarding the £0 arrangment and have stated this wouldn't not be for an indefinate period and have sent an income and expenditure form to fill in. They want this back in 10 days. What do you think?

[Old Cogger]

£0.00 usually means account sold on!

[GTTK]

This arrangment was made before account was sold, you there Citizen

[Old Cogger]

the buyer may well not continue with the arrangement but start to try and get an increase by asking Income etc, or some nasty ones will go the court route anyway as a court will look at your income etc and then may agree what you are paying or increase to another figure, what ever you do do not get bulshy with DCA etc as they have the cards on the table and funds to fork out and reclaim court cost against you. just be careful at the moment sure CB will be along soon.

[GTTK]

Cheers Mike. They have not shown any cards at the moment and I thought the Estoppel rule stopped them doing that. I will not do anything at the moment

[citizenB]

Now received letter from shoosmiths advising they will send copies of Default, Notice & deed of assignment when they receive it. They are asking for a copy of the letter from MBNA regarding the £0 arrangment and have stated this wouldn't not be for an indefinate period and have sent an income and expenditure form to fill in. They want this back in 10 days. What do you think?

 

Is there any period of time stated within MBNA's letter ?

 

If your situation is the same as it was when MBNA entered into this arrangement, then simply say so ? Did you send MBNA an I&E ? If yes, just update the one you sent them and redate it.

 

If not, then I would suggest completing the one below. It is one we use for repossession hearings and is acceptable in courts, so the DCA will have no reason to reject it.

 

 

Ellens Budget Sheet.xls

[citizenB]

£0.00 usually means account sold on!

 

 

Mike yes, £0.00 will show on credit files when an account is sold from one company to another. This is a different situation. GTTK has a letter from MBNA advising they are agreeing to a £0.00 payment each month in respect of the financial circumstances. If the DCA does decide to litigate then they might find themselves with a problem of estoppel. They purchased the account with a payment arrangement in place - if I recall there was no period of review mentioned so they can ask GTTK to complete an ie, but I don't think they can pressure him to pay if he doesn't have the money and based on the arrangement with MBNA.

[GTTK]

Cheers Citizen, there is no time limit in the letter. The IE I did with MBNA was by phone and unfortunately my situation is worse now than then. MBNA will have those figures somewhere I assume. Should I just sent Shoosmiths a letter saying my circumstances are the same / worse then they were when agreement was put in place? It doesn't look like MBNA are very forthcoming with documents as I am still awating default notice etc