Letter from Restons

[sexymuffin]

Hi all,

 

I've received a letter from restons saying they plan to take me to court etc for an MBNA credit card.

 

I'm in a debt management plan via CCCS.

 

Are they likely to take this kind of action while I'm paying them as much as I can via CCCS?

[PriorityOne]

CCCS are funded by the finance industry.... but dressed up to look like they're there for the consumer, so I'm not surprised that this has escalated.

 

How old is this debt?

[sexymuffin]

What do you mean how old? If you mean is prior to 2007 then it is and I have a copy of the CCA already. Which to be honest looks ok according to MBNA the templates on here.

 

I was under the impression that any court action would be fruitless unless I stopped paying via CCCS? If I'm paying them what are the advantages of them taking me to court? Or is it an idle threat?

[PriorityOne]

What do you mean how old? Exactly that... If you mean is prior to 2007 then it is and I have a copy of the CCA already. Which to be honest looks ok according to MBNA the templates on here.

 

I was under the impression that any court action would be fruitless unless I stopped paying via CCCS? If I'm paying them what are the advantages of them taking me to court? Or is it an idle threat?

 

There doesn't seem much point unless you own property and the thought of getting a CCJ and CO look attractive to them. CCCS are not a safety net as far as consumers are concerned.... and although creditors/DCAs shouldn't take court action when you're making regular payments, it's not the norm for them to follow the rules now, is it?

[sexymuffin]

There doesn't seem much point unless you own property and the thought of getting a CCJ and CO look attractive to them. CCCS are not a safety net as far as consumers are concerned.... and although creditors/DCAs shouldn't take court action when you're making regular payments, it's not the norm for them to follow the rules now, is it?

The CCA I got back from them is illegible to a certain extend, I cant really read all the T&C's and wrote back to them mentioning this and they never responded.

 

I do own a property yes. However they would only get a charging order if I did not pay as per a court order, is that correct? I don't think a CCJ is going to make much difference really as the threat of one doesn't really bother me as my credit rating is already shot and I'm paying at the moment and plan to continue paying what I can afford.

 

Could I respond to any formal action and simply say I'm paying what I can etc. Would this lead to a CCJ?

[PriorityOne]

The CCA I got back from them is illegible to a certain extend, I cant really read all the T&C's and wrote back to them mentioning this and they never responded.

 

I do own a property yes. However they would only get a charging order if I did not pay as per a court order, is that correct? I don't think a CCJ is going to make much difference really as the threat of one doesn't really bother me as my credit rating is already shot and I'm paying at the moment and plan to continue paying what I can afford.

 

Could I respond to any formal action and simply say I'm paying what I can etc. Would this lead to a CCJ?

 

There are two ways of approaching this, as I see it, depending on which path you want to take.

 

You could say that you wrote to them re. the CCA and that it was illegible but they failed to contact you until now, or

 

You could say that if they decide to proceed with court action in light of the fact that you've been making regular payments via CCCS, that it will be brought to the attention of the court as a vexatious move on their part.

 

Don't say both though.... because in one breath you'd be denying liability for a debt but in the next, you'd be admitting regular payments towards it.

[sexymuffin]

Thanks very much for the help