Being taken to court...please help I'm scared Re: MBNA.

[mollybe]

I told them in my letter it would be standing order and they have accepted it, sorry but I just them as far as I can spit. They have also said in their covering letter that I am paying standing order and have given me the bank details.

 

So the costs referred to in Paragraph 4 are what it is cost me so far and they will pay all ther other costs.

 

But is there any way they can sell on the balance of around £1800 sometime in the future?

[mollybe]

Colin, thanks for your reply and the link to your threads. i,m not sure if I can help at all, I am still learning myself but i will read through them all and if i can contribute in any way, I will do.

 

If it hadn't been for the people on here I wouldn't have got as far as I have, so I would love to help others if I can.

[colin21958]

I told them in my letter it would be standing order and they have accepted it, sorry but I just them as far as I can spit. They have also said in their covering letter that I am paying standing order and have given me the bank details.

 

So the costs referred to in Paragraph 4 are what it is cost me so far and they will pay all ther other costs.

 

But is there any way they can sell on the balance of around £1800 sometime in the future?

 

I don't know the answer to that one as far as this "Tomlin Order" is concerned, but if you get a letter from them confirming this arrangement is in "full and final settlement", then they definitely couldn't sell the rest of the balance on. So, I would get it in writing from them that this is a full and final settlement (and make sure they update credit files to indicate this).

 

Colin.

[cosalt]

Actually with a DD if they take any amount over the agreed amount you can demand it back from your bank. The bank DD guarantee assures you of this. The bank will immediately make a repayment regardless of whether they can recover it from the payee or not. It is therefore just as safe, however I would agree that it is better to use standing order because then they can't change the amounts and therefore you don't need to keep any eye on what amounts they take. Just thought it was worth pointing out the DD guarantee, that's all. Definitely set up a standing order for the £20 per month and specify an end date for the payments (I think you can do that?)...

 

Yes technically the DD guarantee covers you but in practice its a nightmare. Remember this the banks we are talking about, getting them to act on this guarantee is very difficult.

 

I speak from experience, going back about 4 years I had an orange phone contract. They sent me a bill that had been totally messed up and instead of being the usual £90 ish was actually just over £900 ! I phoned them immediately and they said it was an error and they would redo the bill immediately. Needless to say the direct debit went out 10 days later for £900 taking my mortgage money with it. The mortgage payment of course bounced. The bank would not refund the money because I could not prove the bill was incorrect, so I incurred charges for my mortgage and my bank account. The situation then escalated, because orange could not seem to sort my bill out technically I was £810 in credit, the next months bill arrived for the correct amount of £90, but by this point had cancelled the DD, they then cut my phone off because I had not paid the bill, despite having a credit of £810. It was eventually sorted out when they credited my account with the balance. However pre cag days so I never got any of the charges back.

 

This is why I avoid DD's like the plague ( and orange mobile phones ! )

 

cosalt

[colin21958]

Yes technically the DD guarantee covers you but in practice its a nightmare. Remember this the banks we are talking about, getting them to act on this guarantee is very difficult.

 

I speak from experience, going back about 4 years I had an orange phone contract. They sent me a bill that had been totally messed up and instead of being the usual £90 ish was actually just over £900 ! I phoned them immediately and they said it was an error and they would redo the bill immediately. Needless to say the direct debit went out 10 days later for £900 taking my mortgage money with it. The mortgage payment of course bounced. The bank would not refund the money because I could not prove the bill was incorrect, so I incurred charges for my mortgage and my bank account. The situation then escalated, because orange could not seem to sort my bill out technically I was £810 in credit, the next months bill arrived for the correct amount of £90, but by this point had cancelled the DD, they then cut my phone off because I had not paid the bill, despite having a credit of £810. It was eventually sorted out when they credited my account with the balance. However pre cag days so I never got any of the charges back.

 

This is why I avoid DD's like the plague ( and orange mobile phones ! )

 

cosalt

 

Point taken. I could only speak from experience too, I had a similar problem with a payment, I called my bank and spoke to someone there, explained the problem, reminded them of the DD guarantee and demanded that they refund the money immediately and the money was in my account before I came off the phone with them. But I do take your point and, yes, it is banks we're dealing with here, so. Let's not give them any more trust than they deserve (which is, well, none really!)

 

So, I'm 100% with you on this cosalt!

 

In fact I think I'm going to cancel all my Direct Debits...

[mollybe]

Thanks colin I was thinking about something like that, i think you are right. I will write to them and ask them to confirm it in writing.

[mollybe]

After yet more great advice on here I called the solicitors last week asking for a letter stating it was F&FS.

 

The guy I spoke to was most put out saying i didn't need a letter as it was clear in the Tomlin Order that it was the case.

 

After much humming and aahing he finally said he would write.

 

This is the letter I received.

 

"Further to our letter dated 24th May we write to confirm that the settlement contained within the draft Tomlin Order is a full and final settlement arrangement.

 

We look forward to hearing from you blah blah blah"

 

So do you think I have covered all the bases now? Is there any way this can come back to bite me on the bum, either by Arrow or some other dubious DC if they decide to sell on the remainder.

[colin21958]

After yet more great advice on here I called the solicitors last week asking for a letter stating it was F&FS.

 

The guy I spoke to was most put out saying i didn't need a letter as it was clear in the Tomlin Order that it was the case.

 

After much humming and aahing he finally said he would write.

 

This is the letter I received.

 

"Further to our letter dated 24th May we write to confirm that the settlement contained within the draft Tomlin Order is a full and final settlement arrangement.

 

We look forward to hearing from you blah blah blah"

 

So do you think I have covered all the bases now? Is there any way this can come back to bite me on the bum, either by Arrow or some other dubious DC if they decide to sell on the remainder.

 

No, I can't think of any reason why. If they say it is full and final settlemnt then there is no balance left to sell on. I think it should be safe now. Unless anyone else knows of any reason why not? Please remember though that I am not legally or in anyway qualified to give advice and wouldn't pretend to be!

[mollybe]

Thanks Colin, does anyone else have a view please. I need to get this 100% right.

[AndyOrch]

If any other muppet tries to pick up the balance Molly just refer them to your letter and the TO which is confidential and you state that its contents will remain that way so please go away in jerky movements;)

 

Regards

 

Andy

[mollybe]

thanks for that Andy. Another one done and dusted:)

 

Don't hold your breath though, there will be more.

 

Hope you are well.

 

Molly

Edited June 6, 2010 by mollybe
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