update on progress

[enegiss]

good thread hypnopaul, keep it up and good luck, thanks for sharing, peace

[hypnopaul]

Got two letters from MBNA, a statement sent back NCRTS and a Notice. I have drafted a letter back

Dear John,
Please read the following Notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.
Re: Notice of Sums in Arrears dated 14th April 2010 and received at the above address 17th April 2010.
You have written once again to MR xxxxxxxx a fictious person regarding alleged payment arrears. You have been given many opportunities to provide evidence validating any such debt exists, namely:
Notice and Demand dated 5th February 2010
Notice and Demand dated 18th February 2010
Notice of Fault dated 1st March 2010
Notice of Default dated 11th March 2010
Final Notice dated 19th March 2010
You have chosen not to respond to any of the above Notices and so by your acquiescence have agreed to the terms of said Notices.
In the Final Notice dated 19th March, 2010 and amendment dated 1st April, you were notified of my fee schedule which was applicable for any further correspondence in this matter. You were informed that further letters would be charged at the rate of £200 per letter and that payment was required in advance and a cheque should be placed in the envelope. Failure to do so would mean the price would be doubled for each letter. Your current Bill now stands at £400 UK Sterling. A separate Bill will be sent to you for payment.
Also in you letter you mention that you may consider the registration of a default with a credit reference agency and the sale of the alleged debt to a third party. I draw your attention to my Notice of Default of the 11th March, 2010, which as already stated you have agreed to the terms, clause 5 states: ‘That any negative remarks made to a credit reference agency have been removed’ you are thereby expected to honour this agreement. Your attention is also drawn to the Notice sent on the 1st April of which the final paragraph states: ‘You have not proven any debt, if you give away any unproven debt, sell it on, give it back to its origin or get anyone to act on your behalf you will have broken our agreement and you agree to pay me £8486.82 for not honouring our agreement.’
I hope this clears up the matter.

Yours sincerely without ill-will, vexation or frivolity,



Without any admission of any liability whatsoever, and with all Natural, Unalienable/Inalienable Human Rights reserved.

[sindakit]

Are you going to proceed in billing them? How realistic do you think them paying up will be?

I've only ever put in my notices that a counter- claim will be made should they take it to court. I don't really think there's much hope you can get them to pay up unless you have done your paperwork in fine detail. I also didn't send as many notices as you did lol. Good Job! I usually give them one notice asking to clarify, then they reply with bullshit, then I honour them a little taking the piss out their letter and give them some more time to clarify then send a closure notice.

Good luck

[Veronica]

Yes ... well done, hp ... but

I've only ever put in my notices that a counter- claim will be made should they take it to court. I don't really think there's much hope you can get them to pay up unless you have done your paperwork in fine detail. I also didn't send as many notices as you did lol. Good Job! I usually give them one notice asking to clarify, then they reply with bullshit, then I honour them a little taking the piss out their letter and give them some more time to clarify then send a closure notice.
Good luck

... is more the way I go about it.

(However, I do know someone who is a long way down the road on claiming back fees ... etc. So, we'll see what happens. They certainly won't give in lightly)

[hypnopaul]

No I don't really expect them to pay just do it to piss them off a bit.
Thanks for the replies guys much appreciated.

[hypnopaul]

Well it's been quiet for a while from the banks but have now received a letter of threats from MBNA. As follows

If don't pay arrears will send to litigation dept for review. They may recommend our solicitors take legal action. Depending on your locality it could result in either a County Court Judgment or Extract Decree being obtained against you, which my adversely affect your ability to obtain credit in the future.

If necessary, one of the following enforcement actions may be taken against you:

* A charging order or letters of inhibition on your property which could result in any available funds being distributed to MBNA following the sale of your property.
* Your employer being ordered by the court to make deductions from your salary blah blah
* A County Court Baliff being instructed to make an attendance at your home address to remove goods that you own for sale at auction to the value of outstanding balance.

Well there we have it MBNA have obviously decided the outcome of any court hearing and I didn't even know they were judges.

Let's see now... i don't own the property it's my wifes although in the legal world we are probably jointly responsible. We are not planning on selling the property so it will be a good few years before they get 'owt'
Don't have an employer so no luck there, just get carers allowance £53.90 per week.
Removal of goods I don't own anything so no luck there.

And of course there will be my counterclaim which may be successful and will of course be 3 times the amount they are asking.

[ellie12022]

what the heck's an Extract Decree?

well, as you say, if you have nothing, the house is in your wife's name, and you're not working not much they can take is there?

[hypnopaul]

found this on extract decree

Extract Decree: If after 14 days of the hearing no-one has appealed against the decision, the extract decree will be issued. The extract decree gives the authority to enforce the decree if the defender does not comply with it. The extract decree states what the court order is and the date that the defender must comply by. For example: if there is a repayment arrangement; it will say when the first payment must be made; if payment is to be made in a lump sum, it will state the date when the money should be paid; if there is to be an eviction, it will state the date after which the eviction can take place.

It seems to be Scottish 'Law' .

[hypnopaul]

Thought it's about time for an update.

MBNA sold the debt to a DCA after many months of threats. Now have DCA in a tacit agreement that they are a bunch of chancers and interlopers.

Barclays have sold the debt to a DCA after trying it on with Mercers and the Calder Financial to scare me into submission . The DCA is now in a tacit agreement. So it would seem that these DCA's have now discharged said alleged debts so there you go. I know it is not the end of it and others will probably try and they will get the same response.

[jasonessex]

hypnopaul, thought i'd say hi. Just signed up on here.