MBNA/Reston threating court action

[jason_mnm]

HI Slick I got new problem.. this time Reston of MBNA..

I also got a letter from Reston for my MBNA card that I took sometime in 2000, They advised I should agree to have charge on my property and then they will not go to court. But as per OFT guidance if I have mutiple creditors then charge on property will not be fair... AS you know I got 7 creditcards and loan... Also I think they will not have my credit agreements signed or enforceeable.. plz advise what should I do.. These poeple are too stuborn though I told them I will loose my whole career if I get CCJ and they cannot take charge on my property...

Edited January 10, 2010 by jason_mnm
correction

[slick132]

Hi Jason,

 

If you haven't yet done so, start a new thread for the MBNA a/c tod avoid discussing it here.

 

Remember when dealing with any DCA or solicitors about these debts, they don't give a hoot about fairness, other creditors, you losing your job, etc. They want you to pay them and nothing else concerns them.

[jason_mnm]

Thanks for your prompt reply.. how do i start new thread.. by the by as you know I already got a tomlin order from Natwest, do u think MBNA can take me to court for another CCJ? Again it is very important for me that you help me this time. This time I want to do it with you and this group.. I saw Fairyblue case which is encourging... Plz reply

[slick132]

Go to this forum and hit the NEW THREAD button - MBNA - The Consumer Forums

 

See what responses you get and if necessary, come back here with a link to the new thread.

 

[jason_mnm]

I took this Abbey card (issued by MBNA) sometime in 2001.. I had 4 account with MBNA.. I have paid off 3 accounts in usual way.. now this card only left for which MBNA been nasty and now threating me with court action through Reston knowing it will affect my career....

I am sure they do not have proper excecuted signed enforceeable agreement and also they have taken more than 30% interest on my card for last 3 years... which is way above the usual APR of any credit cards...

 

MBNA first put me thourgh hardship plan for last 7/8 months, then suddenly Debt clear Recoveries send me letter and I replied them with payment offer per CCCS advice,, but they never replied back.. rather Reston send me letter with threating court action... but I know they are wasting time on me.. I will fight against them with your help...

 

I have another 6 card and two loan whom I owe well above MBNA.. MBNA comes on 7th last on my creditors list... Now Reston wants to take court action within 4 days.. plz advise what shall I do..

 

I know if i keep fighting with your all support I can win over MBNA.. Now I need your kind guidance..

Edited December 21, 2009 by jason_mnm
To give precise information

[jason_mnm]

MBNA/Reston threating for court action for an very old card..need advise

Slick, I stared the above thread .. but can u plz advise here if MBNA can get CCJ if I have already got TOMLIN order for NATWEST loan... thanks slick..

[dx100uk]

so by saying ages ago, do you mean its not been used or have you been making payments etc looks like it so it cant be statute barred?

 

30% for a card is reasonable compared with some today,

 

have you had default notice etc etc.

 

i think restons are only chancing their arm

 

they are a

dca they have

NO LEGAL POWERS

but can only write threat - o grams

 

cant see how they can do this with no DN nor a termination notice

 

4 days.....totally unlawful

 

dx

[jason_mnm]

Sorry I shouod have been precise.. I meant I took the card sometime in 2000, old card i meant pre April 2007... how can i change the title..

 

I had a DN from MBNA but actually the card was from Abbey, so do u think Abbey should have issued DN and also Reston should have acted for Abbey not MBNA.. guys I really need your help...

[jason_mnm]

Slick I am waiting for your reply please...

[jason_mnm]

Slick............ I need your advice... Do u think I should call Reston and explain they will waste time on me like Fairyblue case..

[slick132]

Hi Jason,

 

Tried to reply but couldn't 'cos of Site probs.

 

Not sure I fully understand your Q here.

 

AFAIK, any creditor has the right to deal with a debt as they see fit.

 

I don't see that the existance of a Tomlin order regarding one creditor would have a bearing on how another creditor would deal with a debt owed to them.

[dx100uk]

NEVER talk to DCA's on the phone ever!

 

are you in a payment plan through people over these debts, or are you dealing with them

 

its quite typical for dca's to fire off demandingmore etc etc.

it to keep you on your toes

 

they can do nothing to you.

 

dx

[jason_mnm]

Thanks DX.. I am sending CCA request tomorrow to Reston.. lets see what they do.... should I send repayment offer per CCCS that was agreed by MBNA before... I just checked Section 1(5) of the charging order Act 1979 (b) where it says if by giving charging order will result unduly prejudiced to other creditors then no charging order will be given.. also I hope they do not have my credit agreements.. We will see.. thanks again DX..

[jason_mnm]

Thanks slick... will you kindly tell me how can i send you link for my MBNA thread...thanks slick...

[dx100uk]

pers i'd ignore them.

 

dx

[slick132]

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

[jason_mnm]

Hi slick here is the link for my MBNA/Abbey card...

 

http://www.consumeractiongroup.co.uk/forum/mbna/239030-mbna-reston-threating-court.html#post2656877[url=http://www.consumeractiongroup.co.uk/forum/mbna/239030-mbna-reston-threating-court.html#post2656877][/url]

[jason_mnm]

Thanks

[slick132]

Hi Jason,

 

Ahaa, now I see from post #6 why you asked about whether one creditor can take action which may be detrimental to other creditors.

 

Do you have a link please, to the legislation you've quoted (good practice for your newly-acquired Linking Skills ).

 

[diddydicky]

so by saying ages ago, do you mean its not been used or have you been making payments etc looks like it so it cant be statute barred?

 

30% for a card is reasonable compared with some today,

 

have you had default notice etc etc.

 

i think restons are only chancing their arm

 

they are a

dca they have

NO LEGAL POWERS

but can only write threat - o grams

 

cant see how they can do this with no DN nor a termination notice

 

4 days.....totally unlawful

 

dx

 

not quite sure how you work out that restons have "no powers"

 

they take a hell of a lot of people to court!!

[jason_mnm]

Yeah they take people court and they cannot win and pay compensation to people like us... they waste their and our time on the expense of bank...as seen in Fairyblue case...If they do I will do same as Fairyblue and sue for undue consideration before taking court action...

 

Thanks slick.. learning from u.. it was from guidance of charging order.. I will try to find the link.. The lawyer of Reston called me today, I was busy, should I call him back and discuss the matter .. what do u think...

[slick132]

Should you call him back.......... NO !!

 

He can put anything required in writing - no phone calls, never.

 

Has your CCA request gone off to Restons. That should be all the communication that's needed just now.

 

Any penalty charges or PPI on this a/c to reclaim.

 

I'll alter thread title as you suggested.

[diddydicky]

POST 11/ - that may be the case- i was not defending restons- but they don't lose every case therefore i thought it important that a newby to the forum should not be given the impression that all restons can do is write letters- -they can be and often are quite formidable opponents and it is foolish to dismiss them out of hand

Edited December 22, 2009 by diddydicky

[jason_mnm]

Thanks slick for being with me.. I was feeling helpless without your advice.. now I feel happy.. thanks again Slick.. Yeah I have sent CCA request with £1 postal order today... There is lots of penalty charge.. I do not know about PPI...

Can you advise kindly 'How can i get them off for not going to court'...if they are sensible..

[slick132]

Found the Charging order info in the Legal Issues forum Stickies, so no need for link, ta.

 

No probs, but there are many here who offer help and support and I hope they'll continue to assist you.

 

No Magic answers about avoiding court action, I'm afraid.