Living abroad

[Amy]

Re: Living abroad

Send the harassment letter, if you have not already done that.

Have they written to you and informed you that they intend selling the debt or is this all in their 'phone calls?

[Tweety Pie]

Re: Living abroad

We sent the harassment letter as soon as you told us about it. The latest letter received last week says "Failure to bring your account up to date will result in the registration of a Default at the credit Reference Agency and eventual termination of this agreement". They have mentioned the possibility of passing the debt to a debt collector but only on the phone.

[Tweety Pie]

Re: Living abroad

We have had no reply to our harassment letter or cca letter but now we have had a phone call to say they are selling the debt at the end of the month! I just don't know what to do. Advice would be so helpful.

[Amethyst]

Re: Living abroad

Hi Tweety

Just been talking to Amy about your case.

MBNA arent historically very good at providing valid credit agreements under the CCA. That will be why they have decided to sell the debt on to a DCA.

We need to write a letter back saying the accounts in dispute, reiterate the terms of the CCA letter and remind them they have no legal right to register a default on your account nor chase you for the money without a court order until they supply the CCA.

You are over the 12 working days period now I beleive after they have received the letter, so they are in default of your request.

Amys going to forward me on a bit more info and we'll sort out another letter.


Regarding the harrassment aspect - are they still calling a lot or is this just a one off call about selling the debt ?


On the good side, if they do sell your debt it will be sold to a DCA for a small percentage of the outstanding debt so will put you in a better situation to negotiate. Although it does depend which DCA they sell it to.


I'll pop back a bit later on, please try not to worry, there honestly isnt a great deal they can do to you as things stand.

[Tweety Pie]

Re: Living abroad

Thank you so much. Regarding the harassment letter we are still getting calls and today they told us they are selling the debt.

I'll wait to get your letter to write to them.
I really can't thank you both enough.

[WendyB]

Re: Living abroad

You could also tell them when they phone that you will only communicate in writing with them. And don't get into any conversations with them about repayments etc. Insist that everything is in writing. It probably won't stop them calling but will make you feel more in control of the situation.
------------------------------- merged -------------------------------
Also, was the origianl debt 8k and you've paid off 4k, meaning you now owe 4k? or was it 12k and you've paid off 4 meaning you now owe 8k? Sorry I couldn't quite get my head round it.

[Tweety Pie]

Re: Living abroad

We now owe 8k.
Thanks.

[Tweety Pie]

Re: Living abroad

Amy,

We have just collected our post and received a letter from MBNA saying ' we are currently investigating your complaint and we will issue a response within 28days'
Lynne

[Amy]

Re: Living abroad

They've had more than enough time to respond to you, 28 days is nowhere near good enough.

We'll sort out some letters for response. xx

[scoobydoo]

Re: Living abroad

£85 was a figure we agreed with them to pay not the minimum payment - I have checked all statements - no penalties or charges. Going through all the file I have found a letter from them dated 04/07 saying "the balance is scheduled to be written off imminently" - but this has not happened.

dont lose this letter may be useful in negotiation later . Or even now?

I would have read this as promising to write of the debt?

[Amy]

Re: Living abroad

MBNA did not say the debt would be written off.

They said the debt would be "charged off", which I would think is just another idle threat.

[scoobydoo]

Re: Living abroad

"the balance is scheduled to be written off imminently"

that is the bit I read ? Did the poster actually mis-read it then? I guess its always difficult to access the full situation when it is only an extract of a letter. Sory if I misunderstood.

[Amy]

Re: Living abroad

Yes, she did Scooby.

Tweety Pie has emailed me the letters and it says "charged off."

[Tweety Pie]

Re: Living abroad

Hi Amy and Scooby,

The letter I emailed you on 5th June did say 'to be witten off imminently'. is this good news?

[Amethyst]

Re: Living abroad

quote from the letter - sorry Tweety - it does make a difference though.

Please Understand that the balance of £7xxx.00 is scheduled to be charged off imminently. This means that for the next six years any potential employer, car dealership or
creditor who utilize the services of the Credit Reference Bureau will be able to see the details of this information .......................

rest of typically intimidatory scare tactic letter

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 out good faith to resolve this matter MBNA is offering You one last
opportunity to pay.

MBNA will accept a significantly reduced payment based on your circumstances in partial settlememt of your
outstanding balance. In return MBNA will not lake legal action and the account will not be pursued further by
any other extemal vendor.
Given your current situation raising these funds may be difficult. But have you considered the following?

Requesting assistance from relatives and/or friends
Remortgaging your property - which may release equity to pay off your creditors.

Remember we will forgo a significant proportion of your balance if you agree to settle this account.
This will also report on your credit file as being
partially settled which would be more favourable for future applications for credit. To get started, all you need
to do is call 01244 674663 extension 18034. One of our Account Managers will be happy to assist and answer
any of your questions.
This opportunity is only available for the next seven days. It is important you let us know of your intention as
soon as possible.