MBNA and Reston

[Zinfandel1]

I have just read the threads some of you have posted regarding the above. Not only is MBNA and Restons unethical but I am sure that their practice is unethical!

I unfortunately was made redundant and all my creditors except MBNA were happy to accept token payments. Restons sent me a threatening letter, which I did not appreciate. I have been in regular contact with them and they advised me of a figure that MBNA would accept which I was agreeable to. Once MBNA knew that I was getting a refund of my PPC...the figure changed by an extra £3/4km as they not only wanted the full refund of the PPC, but then were asking for the remaining total balance.

I advised Restons that is not what was agreed initially and that I found MBNA to be totally unethical. I am getting to the point now where I feel I don't want to give MBNA a total pay off as they are being so uncooperative and unethical.

I would be interested to know if anybody else experienced the same situation.

Many thanks

[Amethyst]

Re: MBNA and Reston

So MBNA agreed, in writing, a full and final settlement figure with you, then you reclaimed your PPC, and MBNA increased the amount of the f&f to include the PPC refund ?

If the original F&F is agreed in writing then you shouldnt have a problem.

PPC refund is seperate. If anything the F&F acceptable should be less as you should never have had the PPC on the balance, and they should be willing to accept the same percentage F&F as the legitimate debt balance (ie that without the PPC).

[Zinfandel1]

Re: MBNA and Reston

Dear Amethyst

I have had nothing in writing from MBNA. Restons have been the conduit between myself and MBNA. A figure was agreed upon...then MBNA realised I was making a claim for my PPC....now they want the PPC and the balance left on the account. This is not what was agreed...a full refund of my PPC would leave a balance outstanding of between £3/4k on the original agreed figure but now they have upped this to the total amount outstanding after the PPC.

I have not only found MBNA obtrusive but I do wonder if they are working within legal parameters...their harrassment tactics are absolutely appalling and the stories change daily. You can never get through to someone...and then you are told you will receive a phone call back...this never occurs...then Restons are on the telephone.

Once this is sorted I feel this should be taken collectively to a higher power.

I look forward to hearing from you.

[Amethyst]

Re: MBNA and Reston

Okay is the f&f in writing between Restons and yourself ?

[paulb2905]

Re: MBNA and Reston

The determination for whether a full and final settlement offer is binding was made in the House of Lords expressed in the opinions of the Lords of Appeal - this is the highest authority in the UK.

Without going into too much details it was ruled that AXA (who appealed the decision) were not entitled to recover any further monies from Heaton (the respondent) once the Full and Final Settlement Offer was made and signed in writing.

The only exception for this is if it can be proved that the F&F was signed in error but as it was sent by MBNA and signed by a person in the authority to do so (or their appointed representative eg Solicitors) they will not be able to enforce a higher amount to be paid.

I would suggest that you only pay what was agreed in their F&F letter in the first instance and when you do pay the amount that you send a letter confirming your acceptance of the F&F offer and payment contained/made (however your paying it) - send it as a minimum Recorded Delivery but personally i would pay the extra and send it special delivery with recorded signature.

Keep all your documents/letters/copy of the cheque/bank statement/printed receipt of posting & signature of delivery proving that you had complied.

If they decide to pursue it in court it will be really really easy to defend - your defence would simply state that you had made payment to them in line with the F&F Letter on xxxx date and copies of all documents are submitted as proof of this.

This is a link to the House of Lord, Lords of Appeal publication.

http://www.publications.parliament.u...5/heaton-1.htm