cabot/MBNA card Debt - Begging letter received om Mortimer Clarke

[jasmineuk]

Just a quick question. I'm pretty sure my MBNA account has only had £50 charges (and that was recently - 2 late payment charges). Do MBNA pay up fairly quickly or should I not waste my time pursuing £50? If so , do I write to Chester with a cheque for £10 for my statements?

Jas

[Michael Browne]

Personally I'd waste quite a lot of time for £50, if you're fairly sure there are no earlier charges just send the prelim letter, otherwise the DPA request.

[jasmineuk]

Sorry I didn't mean to sound so cavalier about fifty quid! Do I send the request to Wrexham or Bolton (which is where to send payments)? And when claiming, do I inclu the £10 its cost me to get details of their charges?

Jas

[Michael Browne]

Wrexham and you can claim the DPA fee back

[jasmineuk]

MBNA have placed a charging order against my house this has been passed to Cabot.

 

Thank you.

[dx100uk]

this charge, is the house jointly owned?

[jasmineuk]

Yes, we jointly own the house but as tenants in common so my half only is affected, so I believe.

 

Our house has had few repairs done over the past 8 years and it isn't worth much more than our mortgage. What happens if my half of the equity isn't enough to pay off the charging order? Interest is accruing on the debt at 8% p.a.

 

Are my debts which Cabot are trying to claim from me enforceable?

[dx100uk]

so its a restriction k which means all you need to do is inform them AFTER the sale..though on them theres no money left..

 

as for the enforceability

time to get some CCA request running for each one!!

 

I would gather that by that comment you've been reading around

and the penny has dropped that these DMP companies never check the enforceability of any debt

esp those sold for peanuts to debt buyers

 

and you are sadly realising you might be a multi debt cash cow to these powerless DCA's??

they are not bailiffs..

[dx100uk]

surely you mean CCA requests not SAR?

 

 

are you sure its MBNA named on your charging order

and NO there shouldn't be ANY INTEREST unless the judgement allowed it

something smells here

[jasmineuk]

Sorry, I did mean CCA requests. My apologies.

 

The charging order is in favour of Optima Legal but it concerns an MBNA credit card. I thought that charging orders carried an interest rate of 8% per annum?

[dx100uk]

its not a charging order though is it

its a restriction K

which ive talked about before

 

pers id stop paying that too.

theres no need

 

if companies that you sent CCA requests too have FAILED to responce in 12+2 WORKING days

you can stop payments too them.

 

that's why I said dump payplan totally

[AndyOrch]

Sorry, I did mean CCA requests. My apologies.

 

The charging order is in favour of Optima Legal but it concerns an MBNA credit card. I thought that charging orders carried an interest rate of 8% per annum?

 

Charging Order or Restriction are merely to secure the judgment...there is no financial amount or interest attached to the Order...the judgment defines what you pay.

 

 

Regards

 

Andy

[jasmineuk]

I received this following a SAR to MBNA but it's only signed in one place and they haven't sent me anything else with my signature on it. The quality of the copy is very poor too.

IMG_20170701_0004.pdf

[renegadeimp]

More history please. What does it relate to. When was the agreement taken out?

 

Edit: just seen its 03. Nope. Not enforceable at all. Although youd need to send a CCA request, not a SAR to check if they actually do have a full copy. SAR will rarely ever make them look for it

[Bazooka Boo]

Where's the rest of the SAR?

 

Oh and that's a tiny bit of an application form, not a CCA.

 

Have they had the full 40 days in which to supply all the documents?

[dx100uk]

had to hide the attachment too

as you've not redacted it properly like the other one

we can still see your name address etc.

 

 

you say that came from an SAR to MBNA not the CCA request to the DCA?

[dx100uk]

what ever paperwork you get from the OC is immaterial

the DCA must comply with the CCa request

and by the looks of what MBNA has its bog roll.

 

 

got any penalty charge [£12] and PPI in those statements to reclaim?

 

 

dx

[jasmineuk]

Sorry, I thought I'd hidden my details.

Yes, it came direct from the OC.

I got nothing from the DCA.

 

No, I have already checked.

So MBNA and Yorkshire have no say in what happens with the DCAs?

If that's the case, aren't the DCAs stuffed?

[dx100uk]

you're learning ....

[jasmineuk]

Thank you so much!!

[jasmineuk]

Help!

 

I've posted before about my debts and had three written off (or almost - they say they aren't enforceable but would appreciate me making further payments!). I have one outstanding for an MBNA credit card. It went to Court quite some time ago and Optima Legal Services got an interim charging order against my property.

 

I wrote to Optima Legal Services in June, asking for documentation which I had signed and received no reply.

Then the other day I got this letter (attached) which says that they have not received my payments

(I cancelled Payplan and stopped paying some months ago).

 

 

I sent a CCA request to Optima Legal Services twice, on 29th April and 26th May this year,

once to their address shown on the interim charging order and the other to the address I found on Google.

 

This letter I've just got threatens further court proceedings and advise that a full charging order will be put against my house,

meaning that the debt has to be repaid in full when I come to sell my house.

 

They want a payment of £60 for the arrears which my wife wants to pay to get rid of them but is this the right thing to do?

I've not had any responses to my letters so not sure if I should reply to theirs?

 

Jaz

IMG_20171014_0002.pdf

[unclebulgaria67]

Too late for a CCA request. The debt issue was decided by the court and a charging order was obtained. The CCA is now irrelevant.

 

If you don't pay the £20 per month it says was agreed, they could in theory take it further if they wanted, as they have a charge against your house.

 

Did the court tell you to pay £20 a month ?

[maroondevo52]

Thread moved to Financial Legal Issues Forum.

 

Jasmineuk, I've unapproved your Attachment, could you please remove all identifiers including Reference numbers.

 

Thanks.

[jasmineuk]

Too late for a CCA request. The debt issue was decided by the court and a charging order was obtained. The CCA is now irrelevant.

 

If you don't pay the £20 per month it says was agreed, they could in theory take it further if they wanted, as they have a charge against your house.

 

Did the court tell you to pay £20 a month ?

 

No, Payplan decided how much all my creditors got and I wasn't consulted on that.

[unclebulgaria67]

If you are not paying what was agreed, the debt owner with the interim charging order can apply for a final charging order and then if necessary ask a court to consider an order to sell your house to pay the debt. Not saying this would happen, but given the debt amount, you might decide that you don't want to take the risk, when £20 a month is keeping them happy. Remember that if there is further court actions, they will add on costs and you will regret not having maintained payments.