How to deal with Restons

[Under Siege]

Hi all,

 

I have an old outstanding credit card balance for over £15k (inc lots of charges) with MBNA, after failing to agree to reduced payments they sold the debt on to Debt Clear Recoveries & Investigations Ltd.

Its at this time that I contacted the very helpful CCCS and drew up an income & expenditure schedule with a pro rata offer of £1.00 per month until I am back in full time employment. I sent this offer several times but they never acknowledged it, just kept on sending offers to reduce the debt by 60%!!!

 

Anyway.... This has now been passed on to Restons solicitors and I know what a bunch of ****** they are, so I am confused as is the best way to deal with this, They also are offering a specially discounted figure or the option to pay monthly (I know that they wont accept £1.00 per month though)

 

I just need to prevent this going to court for 4 months as I am due some money and I might be able to settle up.

 

Any help would be appreciated, how can I buy some time?

[citizenB]

Have you sent a CCA request ?. If not, send one to Restons. They are obliged to pass the request on and should put any other action on hold until it is provided to you.

[Under Siege]

I sent one to MBNA about 1 year ago, which the responded to eventually (3 months later) - it seems in order

[supasnooper]

Get another CCA request in now.

 

It will put the account into dispute..............Restons are known for moving very quickly for a CCJ.

[ScabHunter]

Good advice from supasnooper. Anything which can cause a delay is to your potential advantage.

 

You say the agreement is in order - is this your opinion or something you've been told by someone else? I just don't want you to overlook a flaw if there is one.

 

If a large part of this £15K is charges, there should be other ways of challenging this alleged debt even if the CCA is in order. I know you are not working at the moment, but have you ever sent an SAR to MBNA?

 

Were you given a default notice by MBNA? If so, was it compliant?

Were you sent a proper Notice Of Assignment, or the usual botch job from the DCA?

 

SH

[Under Siege]

I have never received a notice of assignment

[supasnooper]

Have you received a Default Notice from MBNA ?

 

THIS is very important as they cannot proceed for a CCJ until this has been served and the default date indicated has passed.

 

Please be aware that Restons do patrol these forums, so do be careful if you ever need to post any documents ( delete personal details, change amounts, remove account numbers and any barcodes ).

 

And get that CCA request in ASAP as advised by citizenB and ScabHunter !!!!!

[Fred Bassett]

I sent one to MBNA about 1 year ago, which the responded to eventually (3 months later) - it seems in order

 

Are you sure about that? Why not post it up here (removing personal details and barcodes), so that people can have a look. If it is in order, then it will be a rarity for MBNA.

 

Regards.

 

Fred

[citizenB]

Are you sure about that? Why not post it up here (removing personal details and barcodes), so that people can have a look. If it is in order, then it will be a rarity for MBNA.

 

Regards.

 

Fred

 

Chalkitup has quite a few copies of MBNA agreement/application forms and I am sure he too would be interested in seeing if this a compliant document.