Mbna And Restons

[millieowner]

I have a credit card debt with MBNA of about £4600.

I have been making regular small monthly payments. in July MBNAwanted me to pay £45 per month or were prepared to settle the debt at 35%.

Unfortunately I did not take up either of these offers because my husband has been very ill with cancer and unable to work.

Last week I received a letter from Restons solicitors asking for the whole of the debt to be paid off or to make an offer failing which they would issue court summons.

I wrote back offering to increase monthly payment to £15. I also included a monthly income and expenditure form.

Today I received a letter from them saying MBNA would not accept such a low payment.

I rang Restons to offer £30 per month. They said they wanted £150 per month or £4000 I think it was. They said those were their instructions from the bank and that if I was not able to pay this the summons would be issued.

I rang MBNA who told me I know longer had an account with them. When I asked them who owned the debt they said it was Restons.

Restons appear to be saying they are acting for MBNA but it looks as if they are acting for themselves.

I do not know how to proceed with this but I am anxious to avoid court proceedings, especially as there are so many other worries to do with my husband's health.

Please can anyone suggest what I should do?

[Angry Cat]

Re: Mbna And Restons

I have a credit card debt with MBNA of about £4600.

I have been making regular small monthly payments. in July MBNAwanted me to pay £45 per month or were prepared to settle the debt at 35%.

Unfortunately I did not take up either of these offers because my husband has been very ill with cancer and unable to work.

Last week I received a letter from Restons solicitors asking for the whole of the debt to be paid off or to make an offer failing which they would issue court summons.

I wrote back offering to increase monthly payment to £15. I also included a monthly income and expenditure form.

Today I received a letter from them saying MBNA would not accept such a low payment.

I rang Restons to offer £30 per month. They said they wanted £150 per month or £4000 I think it was. They said those were their instructions from the bank and that if I was not able to pay this the summons would be issued.

I rang MBNA who told me I know longer had an account with them. When I asked them who owned the debt they said it was Restons.

Restons appear to be saying they are acting for MBNA but it looks as if they are acting for themselves.

I do not know how to proceed with this but I am anxious to avoid court proceedings, especially as there are so many other worries to do with my husband's health.

Please can anyone suggest what I should do?

Firstly, so sorry to hear about you husbands ill health, thus all the problems...

Restons/MBNA, have to be sympathetic in your case, because of your husbands ill health: MALG Guidelines...(The MALG guidelines also cover physical illness as well as mental health)
http://www.moneyadvicetrust.org/download.asp

I note that you have supplied to Reston's Solicitors a monthly Income & Expenditure form.

Please see the following link:
http://www.nationaldebtline.co.uk/en...bs-monthly.pdf

Many people forget to insert into the form the many costs of day to day living:
e.g. laundry/launderette/dry cleaning; stationary/postage stamps; haircuts; prescriptions/hospital visits; dentist; all manner of things, little things, that one incurs with existing...
Too many people, insert into the form unecessary items such as: satellite television; holidays; the upkeep of pets (yes, we all care about our pets, just don't include them on one's I&E)

At the end of the day, both Restons solicitors and MBNA will want you to pay more than you can afford, that is the nature of the beast. However, if you cannot afford to pay them because of your reduced circumstances, they cannot pursue you for more than you can afford to pay!

Apparently, MBNA have informed you that Restons solicitors own the debt.
Have you been served with a 'Notice of Assignment' by MBNA?
(I doubt it, because Restons are just acting as a pursuer/collector and not an assignee: (LoP ACT 1925)

I suggest, that you should put the account into 'Dispute' with both Restons Solicitors and MBNA.
Make a Subject FULL Subject Access Request and a;
Request under Section 78 of The Consumer Credit Act 1974 to MBNA (Europe) Bank.

In short, you are being treated most shabbily by MBNA and her chosen agent Restons...Shame on you MBNA!!!

Fight Back!

[enaid]

Re: Mbna And Restons

Hello millie,

I do think a SAR is a good idea and if you have any charges on the account these can be reclaimed.
Do not talk to Restons on the phone either, if they call tell them you will only deal with them by letter.
Please also remember they can not have what you havent got, a Judge will only give them the amount you can afford and they know that, they also wish to avoid court action as much as you do for this very reason.
I know you will feel you have enough going on in your life at the moment but if you have charges on the account and you wish to reclaim them you will get the help to do it in here.
Enaid x

.

[TUTTSI]

Re: Mbna And Restons

I was sorry to learn of you o/h ill health and these companies like Restons/MBNA certainly know how to kick you when you are down.

Angry Cat has given you some very good advice and by issuing the SAR you will place this account on hold until they send you everything you have asked for (they will have 42 days to respond but don't forget to send it by special or recorded delivery and enclose a £10 postal order). You can include all the information on this request that they hold and you should ask for absolutely everything. It is the Data controllers responsibility to enure that all your information is sent to you including the deed of the assignment to Restons should one exist. It will be a first if that happens.

There is a link here for the Subject Access Request http://www.legalbeagles.info/forums/...ad.php?t=14196

If you need any more help just shout.
Tuttsi

[Amethyst]

Re: Mbna And Restons

Restons just want security on the debt, the court would order them to pay £30 max a month as per your offer, and they know that. So they ask for more, take you to court to get the installments set by a CCJ then ask for a Charging Order (CO) as security. Then the CO just sits on the house until you have paid off the debt or sell the house. I have had a Restons CO on my house since 2006...nearly paid off now now and hasnt been any problem at all. (my credit rating was burgered anyway and I had more important things to deal with at the time too - got myself in a terrible state over the CO and then felt daft for doing so)

Its how they work, it is wrong, especially in situations such as yours.

Stick with your offer that is affordable to you, make payments each month and keep records, when they take you to court, just post up the claim form on here and we'll help you with your offer to pay. Keep all your letters sent to and from them.

Once you have the SAR back from them you will be able to defend any unfair charges added to the account too.

Its likely to all be dealt with in paperwork without attendance at court, as you arent disputing that the debt is owed, simply that you need to make lower payments due to your current financial situation.

((((((((((((((((hug)))))))))))))) don't let it stress you out and concentrate on what's important, this is just a process they go through, yes its wrong and against guidelines etc and you could fight your arse off if you wanted the stress and a long drawn out court battle, (which could just end up with same result anyway) but I'm guessing you don't want or need that.

So when they claim, post up the info, don't get stressed about it and remember it isnt personal. We'll help you through

[millieowner]

Re: Mbna And Restons

Thank you all for your help and advice. I really am stressed out about this. I did not sleep last night and left the gas on under a pan of soup. House now reeks of burnt carbon. I am desperate to avoid court action, a CCJ and charging order which is what Mr C at Restons said MBNA were aiming for. I so wish I had accepted offer of reduced payments about £40 per month made about 3 months ago, instead of £150 pm Restons are now asking for. I have an appointment with the Citizens Advice Bureau next week.

[Amethyst]

Re: Mbna And Restons

Write to them again with your offer of £30, enclose a full Income and Expenditure sheet, and enclose the first payment (cheque) then just make the payments each month. Restons won't accept it as as I said they want security on the debt. Don't beat yourself up about the £40 offer either as they would have accepted it for a few months then taken it to court regardless.

Is there a specific reason you want to avoid the CCJ and CO ? (eg job, need to renew mortgage etc ?)

One of our users was pretty desperate to avoid a CCJ and negotiated a Tomlin Order (Agreement) with Restons to accept payments of an affordable amount and voluntarily give them a charging order. In the end she decided that that wasnt in her best interests and allowed it to go to court. She ended up with a CCJ, installment order and no charging order. Have a read of her thread (summary Restons back down on £3.5k Collection Charge - AGAIN ! - Legal Beagles Consumer Forum and her day in court Legal Beagles Consumer Forum - View Single Post - HFC issued court proceedings - Restons Collection Charge removed ).

CAB will likely advise the same re making a further offer for installments and to accept a claim and make an offer to pay and defend a charging order. But let us know how you get on with them.

[paulb2905]

Re: Mbna And Restons

Millie - i understand your angst/worry - try not to let it get you down - im going through much the same at the moment, but mine is in court.

CAB are ok - it depends on the person your dealing with - there are charities out there that have legal departments that deal with Debt issue and will probably give you better advice F.O.C

Easiest was is call your local Law Centre for the info

Good luck and best wishes (ill pop in from time to time to check how ur going but bit busy atm with my defence)