MandM vs MBNA/ Virgin Money***Settled by Consent***

[MandM]

Hi M&M

 

Have you had anything back yet?

 

Funnily enough..........NO! lol.

 

Going with plan 'B'. Will await AQs and then try and force disclosure from there.

[postggj]

It seems that defence put the wind up them a bit:wink:

 

When was the last date the defence had to be inn by???

 

Lets now wait for the directions questionnaire

 

if the claim is stayed for any reason, i would recommend a strike out application

[MandM]

It seems that defence put the wind up them a bit:wink:

 

When was the last date the defence had to be inn by???

 

Lets now wait for the directions questionnaire

 

if the claim is stayed for any reason, i would recommend a strike out application

 

Defence went in 1st June. Forget that a minute.........postggj.....good to see you again....didn't realise that you/squaddie were one and the same. Long time no speak, or so I thought lol.

 

Mike

[postggj]

Old wounds now healed:-)

 

What was the date of the claim, remind me please

[MandM]

1st May dated POC

[postggj]

Interesting

 

lets see what the postman now brings, either a capitulation or a directions questionnaire

[MandM]

Interesting

 

lets see what the postman now brings, either a capitulation or a directions questionnaire

 

We'll see. Glad you're still about old chap.

[postggj]

:wink:

[MandM]

Hi all,

 

Well, the DQ came - attached to it was a reconstituted agreement, a signature box supposedly related to the reconstituted agreement, all the T & C's from start to finish of the life of the card, a copy of the DN (same as mine) and statements covering the latter part of the life of the card up until it was sold on.

 

This was followed by the court form from Northampton agreeing to the extra month to mediate (we both ticked the box).

 

Now, I didn't really fancy my chances with this one to be honest. Yes, I could have gone down the route of arguing the agreement and HOPED that the original did not make an appearance. And yes, I could have argued till the cows came home that my DN was a couple of days short (a valid argument but one that so easily could be lost in court). But that's a lot of work and time to put in, plus being fast track I would have been exposing myself to a huge risk on costs. And when I sat back and looked at the paperwork I may well have found it hard to argue against the fact that it was indeed my card and that I did indeed spend that credit (happy days lol).

 

So I used the month to start the ball rolling with mediation, offered to go the Tomlin route and made a silly monthly offer. To my amazement, after completing an I & E, they accepted my offer.

 

So, no CCJ, no CO and a repayment plan that extends to well beyond my life on this earth. And all that stress has gone away!!

 

I know this option is not for everyone but it does show that despite the agression and posturing often shown by DCAs and their pet Sols, they don't all REALLY want to end up in court.

 

This was the biggest one I had left outstanding and my remaining debts are now 'small claims' (thanks to the revised £10k limit) so for those that are left the costs issue is their issue, not such a risk for me.

 

So, all in all it wasn't an ideal conclusion but it's certainly one that, on reflection, I'm happy with .

 

I hope this helps others.

 

Mike

[AndyOrch]

On reflection of your summary Mike I think that was a wise option.

 

Well done for concluding this matter....still a victory so will mark your thread to reflect the result.

 

Regards

 

Andy

[Dotty50]

Hi MandM

 

Glad to hear you got a result to suit you in the end.

 

Do you mind me asking what the silly offer was the they accepted?

 

Strangely enough, I've had a letter from AK today as follows - Unfortunately we have been advised by the OC that the documentation is not available at this time and we apologise for being unable to fulfil my request (prove it letter), at this time your account has been removed from our collections process.

 

Should their position change, they will be in touch and supply copies!

 

Another result (for now) for me.

 

All the best

[MandM]

On reflection of your summary Mike I think that was a wise option.

 

Well done for concluding this matter....still a victory so will mark your thread to reflect the result.

 

Regards

 

Andy

 

Maybe I'm getting soft in my old age. Pleased with the outcome though.

 

Mike

[MandM]

Hi MandM

 

Glad to hear you got a result to suit you in the end.

 

Do you mind me asking what the silly offer was the they accepted?

 

Strangely enough, I've had a letter from AK today as follows - Unfortunately we have been advised by the OC that the documentation is not available at this time and we apologise for being unable to fulfil my request (prove it letter), at this time your account has been removed from our collections process.

 

Should their position change, they will be in touch and supply copies!

 

Another result (for now) for me.

 

All the best

 

Hi Dotty. Cannot put the info on here as it's a TO but will PM.

 

Nice to see you're still around...........and still getting good results!

 

Mike

[findingthecheese]

Hello MandM,

 

Read your thread with great interest and just wanted to ask you a few things.

 

I have entered into a TO with a well known creditor! As part of the TO I have to pay an agreed monthly sum to their solicitors until the balance has been cleared. However, it would appear that they have since added almost £500 of 'legal fees on top of the £300 that was included as part of the TO and their solicitors have not been passing on my monthly payments. The last statement I received showed that the balance had actually increased!!!

 

Have you encountered any problems? Just curious to know if others have/are experiencing issues.

 

Thank you.

 

ftc.

[MandM]

Hello MandM,

 

Read your thread with great interest and just wanted to ask you a few things.

 

I have entered into a TO with a well known creditor! As part of the TO I have to pay an agreed monthly sum to their solicitors until the balance has been cleared. However, it would appear that they have since added almost £500 of 'legal fees on top of the £300 that was included as part of the TO and their solicitors have not been passing on my monthly payments. The last statement I received showed that the balance had actually increased!!!

 

Have you encountered any problems? Just curious to know if others have/are experiencing issues.

 

Thank you.

 

ftc.

 

Hi. Does your TO make any refernce to interest?

 

AFAIK they cannot add anything to the figure agreed on the TO. Have you raised this with the Sols? Would be interesting to know their view on this but my TO is very clear in that it states the amount agreed in settlement and no further costs to be added.

 

Mike

[findingthecheese]

Hello MandM,

 

Thank you for your reply.

 

Not that I recall, but will look at the paperwork tonight. It was an unsecured loan and interest had already been calculated and included in the repayments. On their statement they've listed the additional charges as 'legal disbursements'.

 

My understanding was the same as your own! They had already charged legal fees of £300 and this was included in the balance stated in the TO.

 

They have now sold the debt to Marlins and a new set of solicitors have said that all future payments should be made to them but I want to make sure that the balance and all payments and present and correct.

 

I will check my paperwork and then contact the solicitors that agreed the TO.

 

ftc.

[AndyOrch]

Any Tomlin/Consent should be drafted to state in F&FS of that claim.

 

Your schedule should contain :-

 

a) That the parties agree to be responsible for their own costs.

b) No further interest shall accrue.

 

They can add what they like to your statements....its the figure on the TO that matters and you are liable for....they cant calim any further fees against that claim number...the matter is sealed.

 

 

Andy

[MandM]

Sounds a bit fishy. On that basis they could just keep re-selling it with each new 'collector' adding their bit.

 

I'm not too sure that they can just change who you pay it to as you have an agreement lodged with the court stating who you pay and how much. Surely if they change the company you pay then they would need to vary the order! I'm not sure myself. However, hopefully AndyO or one of the other more knowledgeable guys will comment as I'm not sure.

 

Mike

Edited November 12, 2013 by MandM

[AndyOrch]

They can assign it..... do what hey want..... but they cant alter the schedule or the amount of the consent.

[findingthecheese]

Thank you Andy and MandM.

 

Your replies are really helpful!

 

I will let you know the outcome.

 

ftc.