WIFE v MBNA

[MIKE770]

Re: WIFE v MBNA

Update on Experto Credite, after they keep ignoring letters in the past and continuing phone calls, I sent an harrasement letter to them also pointing out FSA guidelines (2nd time I have done this i.e.

quoting guidelines regarding Ignoring disputes) received a reply to say that although MBNA say no dispute they are asking for clarification that a letter of January 2010,( account obtained from another lender,)which brings into account a MBNA so called signed agreement which they have sent in the past, as PT says is that what they sent, ? will see what they come back with!

[MIKE770]

Re: WIFE v MBNA

well latest it seems Experto doing a repeat of last time stating MBNA say they know of no dispute, therefore will recommence harrasement 21 days ( anyday now then), , so if they start seems to me that the Harrasement complaint will go off to the OFC/Regulators.

[MIKE770]

Re: WIFE v MBNA

O.H received letter from Credit Management Consultants aka Experto Credite Ltd, 7 days or might consider sending field agent (007.5?), or might pass to a soliucitor for appropriate course of action to take to recover alledged debt which is/has been in dispute for long time now, 2 years at least.

Since a Harrasement letter was sent to Experto, might now forward this letter to FSA/OFT etc.

[MIKE770]

Re: WIFE v MBNA

Well O.H.letter to-day from Credit Management Consultants - 50% off if you set up 50GBP per month, seen this before ??? oh yes the next desk in Experto Credite sure we have, xmas box they hope??

[Curlyben]

Re: WIFE v MBNA

Geee Xmas card time from the DCA's already

I can't believe that this is STILLL going on 2.5 years later !!

You would of thought they'd got the message by now..

[MIKE770]

Re: WIFE v MBNA

Probably awaiting for surgery (Brain),?

[MIKE770]

Re: WIFE v MBNA

well after playing ping pong with Experto credite they have sold on to Aktiv Capitol

[MIKE770]

Re: WIFE v MBNA

O.H. letter to-day from A.K. offering possible settlement terms, using colour purple for levels looks like, a figure at this level over 3 payments possible near 50-% off by the looks of it,must say it took Experto a lot longer before their letters with suggested offers, reminds me must but loo rolls.

[MIKE770]

Re: WIFE v MBNA

Seems these people are chancing going to court on recons of what they try to say signed (WHEN NONE WERE SIGNED), and not producing an actual alledged Credit Application form, only a so called signature sheet which states condition 11 when no condition 11 which does not exist. just an update.

[MIKE770]

Re: WIFE v MBNA

O.H. received a intrim charging order ( Restriction), she refuses to object scared as she was bullied at her ccj case, but as a joint mortgage holder I am going to object as I would be prejudiced, in so much as I payed nearly all the deposit on the house years ago also shared in repayments, the case to say the least was a kangaroo chamber whereby I was told as husband I had to keep quiet, and only when asked eventually have I comment I pointed out high court cases on supply whole application forms (Kotecka) & the DJ stating that legislation when section 61 & 127 basically means nothing, also that failure by certain parties to supply the repeated request for the alledged Full CCA application and on that point I was blocked as said it had been dealt with (NOT), JUST OVERRULED ON COUPLE OF POINTS i MADE ON DELIVERY AS PER Master of the Rolls of default notices - WAS TOLD OUTDATED AND THERE WAS A RULE FROM 2010 SAYS THAT 2 DAYS DELIVERY regardless, I pointed out two days via TNT can be up to 5 days 2nd class, told 2 days is the rule and in this case default dated a Friday so 2 days is a Sunday I said thatSunday deliveries went out end of the 50s,DJ says that is the rule. That is the DJ who ignored representation of admittance of no CCA found by HSBC and ignored and carried on set aside CCJ.

So has anybody a good argument for me to add to use against them steam rolling a restriction and stop one getting registered????????????????

Also I was told charges on that account will not be looked at yet it was submitted on more than one occasion in defence & witness statement.

I have to e-mail their solicitor by the end of working hours say 4 p.m. to-day that is then 7 days before I go to court next Friday? also I would e-mail the court the objections raised.

[Amethyst]

Re: WIFE v MBNA

The judgment against your wife is it an instalment order, and did the judge give permission for a charging order ?

[MIKE770]

Re: WIFE v MBNA

The judgment against your wife is it an instalment order, and did the judge give permission for a charging order ?

Repayment of £100.00 per month, and judge pointed out they could applyfor a charging order, I pointed out it would can only be a restriction as a joint mortgage.

[Amethyst]

Re: WIFE v MBNA

Ahh good. I had one on my house, so long as the payments are kept up it is no problem. We sold our house a few years after the CO was added and it caused no problems with the sale at all, all that happened was the outstanding debt (the original CCJ less the payments we had made) came off the balance after the mortgage was paid off and before we got the cash. They want the CO to secure the debt so if you go walkies without completing the payments under the CCJ they can get the rest of their money.

Couple bits about restrictions I looked into a while back

I think this only applies where joint owners [of the property] are tenants in common rather than beneficial joint tenants. Tenants in common own specific shares in the property and charges/restrictions can be put over just their share of the property. Beneficial joint tenants (BJT's) act as a whole.

I don't know your exact circs but the likelyhood is you are beneficial joint tenants.

and someone else posted

However, particularly where the property providing the security is jointly owned, a court would be very unlikely to grant an Order of Sale, because that would unfairly disadvantage someone who had no part in the debt. The DJ at the time told me that the only couple of occasions where he had ever granted Orders of Sale were ones where the debtor had sat in court and totally refused to repay the debt.

So it really does depend on your exact circumstances (do you have a simple joint mortgage?)

I expect you have read that thread and all the insolvency service/CAB stuff on the issues already. Those bits above are from http://www.legalbeagles.info/forums/...Charging-Order . I must say I am a bit out of touch with things having had a long break - sorry I can't be more helpful to you right now.

[MIKE770]

Re: WIFE v MBNA

Simple repayment Joint Mortgage.

[MIKE770]

Re: WIFE v MBNA

Seeing I paid the deposit on the house originally, if they took money from any proceeds of selling the house which would not be a case of splitting the proceeds (i.e. like divorce settlement), then I would personally be penalised as the so called debt is not mine.