Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?

[toxicdebt]

Hi MT

 

IE Form. Income / Expenditure.

 

Anyone can check the Land registry.

 

No only a judge can grant a charging order.

 

Onwards and Upwards ;-)

 

Reply telling them that they cant proceed to court before a default notice being issued and that its up to the judge to grant a charging order not a matter of course. And without a enforceable CCA they cant get nout! Add that you will vigorously defend their accusations etc etc.

 

Tox.

[toxicdebt]

After replying to Optima during telling them that the alleged account is is dispute with MBNA and should be passed back and dont make threats of court action / charging against property without a default notice etc etc I received this back today...

"Dear Sir

 

YOUR RECENT LETTER

 

Further to your recent letter to this office we write to advice that our previous letter requested that you respond to our client direct.

Unfortunatly, we are therefore unable to respond to your letter and have passed this on to our client for their consideration.

 

If you with to discuss the matter further please contact our client direct.

 

Yours Faithfully

 

Optima Legal

(not signed)"

I will reply informing them of my legal right to reply to any correspondence sent to me, and if they do not wish to receive my replies then do not send correspondence in the first place. If MBNA wish to re-enter into conversation they are welcome to write to me directly rather than requesting Optima to do their threatening letters for them.

 

Toxic

[Fred Bassett]

What is an IM form? How do they know we are homeowerns what database do they check on? and can they put a charging order on the home without taking you to court, and the judge saying that you will get a ccj? really concerned about this as iv just had a similar letter from mbna, should I reply to it.

 

Hy toxic.looks like you moved on big time.

 

IE Form - Income and Expenditure. They have not righ to this information so tell them to go forth and multiply if they ask for it.

 

Regards.

 

Fred

[toxicdebt]

Received a letter from MBNA today listing all the payments Ive "missed" in a monthly order.

 

Strangely it states I paid £200 during April.

 

Errr no I did not.

 

Where did they get that £200 from?

 

They have deducted the £200 from the total owing.

[Fred Bassett]

Received a letter from MBNA today listing all the payments Ive "missed" in a monthly order.

 

Strangely it states I paid £200 during April.

 

Errr no I did not.

 

Where did they get that £200 from?

 

They have deducted the £200 from the total owing.

 

Sounds a bit iffy to me. It would help them get around the 6-year period for being statute-barred if it comes to that though.

 

Fred

[toxicdebt]

I'm Spitting feathers here.

 

Before i embarked on this journey I carefully removed my land-line number from all MBNA website areas and replaced it with an old mobile number I no longer use. ever since i take great pleasure looking at my old mobile passing their calls to voicemail.... Until today about an hour ago when i received a call from MBNA on my land-line!!!! I hung up but he rang back, so i told him to put it in writing and hung up. He immediately rang back so this time I got his name and told him this was harassment and he personally could be prosecuted for repeat dialing . I also informed him that this number is a business line (which it is) and is for customers calling, then I hung up again. no more calls yet.

 

I think it may be time to invest in a 'Truecall' gadget. however when this guy phoned my caller display said "Private". Will Trucall stop calls that have a Caller Id of "Private" (i know it stops "Withheld" numbers.

[WelshMam2009]

I'm Spitting feathers here.

 

Before i embarked on this journey I carefully removed my land-line number from all MBNA website areas and replaced it with an old mobile number I no longer use. ever since i take great pleasure looking at my old mobile passing their calls to voicemail.... Until today about an hour ago when i received a call from MBNA on my land-line!!!! I hung up but he rang back, so i told him to put it in writing and hung up. He immediately rang back so this time I got his name and told him this was harassment and he personally could be prosecuted for repeat dialing . I also informed him that this number is a business line (which it is) and is for customers calling, then I hung up again. no more calls yet.

 

I think it may be time to invest in a 'Truecall' gadget. however when this guy phoned my caller display said "Private". Will Trucall stop calls that have a Caller Id of "Private" (i know it stops "Withheld" numbers.

 

Do you use BT Toxic or are you with another service provider?

 

I don't have TrueCall...yet...so can't comment on that. However, I know that problems are sometimes experienced with caller display particularly when other service providers are used.

[toxicdebt]

Hi WelshMam

 

Thanks for the heads up.

 

Yes my phone provider is BT so I should be OK. Ive emailed truecall and they have offered to pre-set my device to also block all 0870, 0800 and 0844/5 numbers for me. Which is very nice of them.

[toxicdebt]

Not wanting to tempt fate but after telling the guy on the phone not to ring back or I will prosecute him personally for harassment, Ive had no calls since.

 

Question for the more learned:

 

MBNA are defaulting me (Ive had the notice letter) along with Egg and cahoot. Ive placed all three in dispute (for differing reasons). Can they simply ignore my disputes and default me? And if they do will this not go in my favour if it gets to court. In 2 of the three above cards they have not complied with my CCA request fully. i have a full letter trail and proof of posting.

 

.

[angel_1]

hiya toxix

 

unfortunately, they can even though with a dispute they shouldnt as per the oft debt collection guidelines,,,,

 

have you kept the envelopes with the dn you got, if you scan up each of the appropiate letters on each of your threads taking out your personal info we can let you know if they have sent the default in the correct manner

 

i think this is what they are starting to do now ,,,, very naughty i know but how precious is your credit file to you right now? i have the same dilemma with my partners accs,,, rather he keeps better than my credit file so its a bit of a dilemma,,,

 

anyway let us know and im sure others far more experienced than me will come along too

 

have a fun day laters angel x

[exchange]

I too am annoyed that all my disputed agreements are being ignored as being 'in dispute'. Is there nothing we can do to get the in dispute status admitted by them? I know we can complain to the OFT, FOS and Trading Standards but results seem to be variable to say the least.

[toxicdebt]

I have had a letter from MBNA today. 3 pages of why they dont consider the account to be in dispute. See links below...

 

http://i155.photobucket.com/albums/s284/makum101/NotinDisputeletter18june09pg1a.jpg

 

http://i155.photobucket.com/albums/s284/makum101/NotinDisputeletter18june09pg2a.jpg

 

http://i155.photobucket.com/albums/s284/makum101/NotinDisputeletter18june09pg3a.jpg

 

i dont know what to do next.

[griffin036]

Anymore developements? As I understand it they will default you after 7 missed payments - I had an offer of 65% off balance, but I ignored it just like they ignored my CCA request. Accounts in dispute but now defaulted and terminated.

[exchange]

Petition to: Request a special investigation by the FSA and OFT into the harrassment by consumers and their families through the debt collection practices of MBNA and specifically the practices related to telephone calls and defaults while in dispute

 

Posting this link on threads to get MBNA's practices noticed. Please sign.

[toxicdebt]

Ive had this reply today thretening a charging order on my home. This came after a lewtter last week saying I was about to be defaulted.

 

http://i155.photobucket.com/albums/s284/makum101/attachentonhomethreat210709web.jpg

 

 

Toxic

[Fred Bassett]

Ive had this reply today thretening a charging order on my home. This came after a lewtter last week saying I was about to be defaulted.

 

http://i155.photobucket.com/albums/s284/makum101/attachentonhomethreat210709web.jpg

 

 

Toxic

 

I've had one of those. They don't need to do a search to ascertain that you own your own house. Those details would have been on the application form that is undoubtedly masquerading as a properly-executed credit card agreement in their eyes.

 

Fred

[toxicdebt]

The house I'm in now is in negative equity to the tune of nearly £40,000, so I would imagine a court would not grant it anyway?

[WelshMam2009]

The house I'm in now is in negative equity to the tune of nearly £40,000, so I would imagine a court would not grant it anyway?

 

 

It's not an asset then, is it!!

 

What you have to be careful of with a charge on your property is that I think they get 8% interest per year on the value of the charge. So, it needs to be resisted at all costs, not withstanding that they may then try and force a sale.

 

I did read on another thread of someone in a similar position who had advised the lender/solicitor of negative equity and had been asked to provide outstanding mortgage details and sales values etc.

 

I would be inclined to go and tell them to do their own research if they were unable to take your word for it...as apparently they have already done by ascertaining that you are a homeowner!!

[toxicdebt]

It's not an asset then, is it!!

 

I would be inclined to go and tell them to do their own research if they were unable to take your word for it...as apparently they have already done by ascertaining that you are a homeowner!!

Thanks for that WelshMam. Thats exactly What i have done, almost in those exact words funnily enough.

 

Am I right in thinking a court can not grant a charge on a house that has negitive equity?

[RoadToRecovery]

This sounds like a half baked reply as I cannot remember where I read it but..... That family member who loaned you 50k can put a charge on your house before anyone else does

[toxicdebt]

I Received the Default Notice today delivered by the postman , not signed for just put through the letterbox with all the other post. The envelope does not have a post mark. (see links below).

 

The DN is dated 2 days before I received it and the deadline to act is 15 days from the day I received it.

 

I would be grateful if someone with experience could have a gander to see if they have done this correctly etc.

 

 

Default Notice link

 

 

Envolope it arrived in link

[lee32uk]

They must be having a day of 'lets send out defaults' as I have received exactly the same today.It looks like they have allowed 14 days on mine - Dated 7th sept and received today with a deadline date of 24th sept.

I thought that a default notice should usually ask for the arrears ? and not the full balance

[underdog13]

Don't forget that a full 14 days needs to be allowed after the date of service, ie the day after it arrives is day 1.

 

I believe MBNA are citing clause 8 from their terms and conditions in their DNs which they say entitles them to the full amount; however the CCA has provisions that prevent the law from being circumvented by a companies terms and conditions, so they are on a hiding to nothing with their wretched clause 8, IMHO;)

[toxicdebt]

Recieved this card from Allied International demanding payment.

 

Click here to see

 

I thought that the creditor had to inform the debtor before they passed the debt to a collector.

 

Anyway they will be getting an acount in dispute letter in the post.

[bozalt]

The Clock Tower Office No. 5

Chineham

Basingstoke

Hants

RG24 8BQ