Living abroad

[Amethyst]

Re: Living abroad

Sorry tweety - Amys just forwarded me the first letter which she'll paste up in a sec. Was looking at a later version.

[Amy]

Re: Living abroad

Sorry Tweety, I forgot that first letter.

[Amy]

Re: Living abroad

This is the letter from Tweety:-

MBNA is concerned about your payment history. Please understand that the balance or £******** is scheduled to be written off Imminently. This means that for the next six years any potential employer, car dealership or creditor who utilises the services of the Credit Reference Bureau will be able to see the details of this information on your credit file. When the amount is written off a Default is registered and the balance on your account will be SOLD to a Third Party who will continue to pursue you for your debt.

As a final attempt to demonstrate our good faith to resolve this matter, MBNA is offering you one last opportunity to pay.

MBNA may accept as little as 50% of your balance (based upon your circumstances) as a partial settlement. In return MBNA will not take further legal enforcement and the account will not be pursued further by any other debt collection agencies.

Given yam current situation, raising those funds may be difficult, but have you considered the following:

Requesting assistance from relatives and or friends Re-mortgaging your property, which would release equity to pay off your creditors

Remember, we may accept as little as 50% of your balance if you agreeto settle His account. Please be advised that if an offer of settlement is accepted, it would be considered a partial settlement and not full and final payment of the outstanding balance. Therefore the remainmg balance would register as a partial settlement with the Credit Reference Agencies for six years. However, we would not take my action to recover the remaining balance. To get started, all you need to do is call 61244 672355.

[Amethyst]

Re: Living abroad

Well thats two 'one last opportunity to pay' letters lol.

[Tweety Pie]

Re: Living abroad

Are you still able to send me a letter to write now? Is my position quite good at the moment?

[Amy]

Re: Living abroad

How much over the CCA deadline are they?

[scoobydoo]

Re: Living abroad

just a question from me - does it make any difference what age the claimant was when they took out the loan and what their income was? I assume there was no PPI insurance involved .

[Tweety Pie]

Re: Living abroad

We sent and faxed the CCA letter on the 7th June.

[Amy]

Re: Living abroad

From Curly's thread here Consumer Credit Agreements - A Guide - Legal Beagles

You must allow 2 working days for delivery [of the CCA].

They are also allowed 1 working day for "processing", so the clock starts 3 working days after postage, signed for or not.

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with. While in default the DCA cannot take any further enforcement action, but this doesn't stop some of them making more threats.
If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

[Tweety Pie]

Re: Living abroad

Thanks for that info. What should we do at this moment, you mentioned writing a SAR letter? If so where would I find a template? Or do we just wait??

[Amy]

Re: Living abroad

I would send them the SAR, which is here http://www.legalbeagles.info/forums/showthread.php?t=70

Make sure you stick to the deadlines.

[Amethyst]

Re: Living abroad

If they call just refuse to speak to them on the phone and refer them to your letter. Tell them you will only communicate in writing.

Send the data protection subject access request (SAR) off now (its in the library) Just amend it a little to suit, if you arent sure of anything post it in here before you send it.

Theres no rush on next letter. We're only just out of the 12 days. Will sort that out today for you.

[Tweety Pie]

Re: Living abroad

Sent SAR letter recorded delivery. On the phone they said they would sell the debt at the end of this month so am a little concerned re when they will receive the letter.

Thanks again for your help, we are both so grateful.

[enaid]

Re: Living abroad

It will be counted as 2 days after you posted it, give them a day to read it, plenty of time Tweety Pie, you'll be fine Enaid x

[Amy]

Re: Living abroad

Sent SAR letter recorded delivery. On the phone they said they would sell the debt at the end of this month so am a little concerned re when they will receive the letter.

Thanks again for your help, we are both so grateful.

Don't talk to them, you don't have to and they can't sell the debt while it's disputed.