Sue V MBNA Full and Final Settlement

lmclean100

Hi

Must admit I would add that "I would welcome the opportunity to discuss this matter in court, as I'm sure the Judge would pass judgement in my favour as I have written evidence to prove that there is no case to answer to on my part. And that the delays are caused by the incompetience and unprofessional actions of MBNA and Apex."

I did that in the past with AOL and asked them to provide me with the court date so that I could ensure that I could get time off to attend court, and that I was looking forward to finally meeting him (the guy whose name escapes at the moment, but the one whose signature is at the bottom of all their nasty letters). AOL suddenly became very friendly and backtracked quite quickly - I think it was the bit about having the written evidence of their incompetience that did it.

Good luck

L

GeorgeUK

That letter they sent you had 5 may’s in it.

They may take you to court, but they may not. Is it possibly because it has been 6 months since they last contacted you and are hoping you’ve forgotten that they are still under a legal obligation to provide you with documents and that the debt is in dispute? And only after it went to court, with you failing to pay whatever the court decided, would bailiffs become involved.

I definitely wouldn’t be thanking them for the letter though.

Dear Sirs

Account no. xxxxxxx

I write in response to your letter, dated on XX/XX/XXXX.

Please note that the above account is in dispute. Contrary to your argument that I have “chosen not to deal with the matter “, over the last year I have been in contact with both MBNA and Apex to resolve this issue. I attach the following documentation:

1. A copy of my original request under s.77/78 of the Consumer Credit Act 1974, posted on 12 March 2009 to MBNA and proof of postage. This legal request remains outstanding.

2. A copy of their response sent 26 March 2009 which clearly does not comply with the requirements of the Consumer Credit Act (also sent by recorded delivery –proof can be supplied)

3. A copy of my response to MBNA sent 14 April 09 informing them that they had failed to respond to my request within legal deadlines and therefore the account is unenforceable by law (also sent by recorded delivery)

4. A copy of my ‘account in dispute letter’ sent to Apex (and copied to MBNA) on 14 may 2009, as apex had contacted me saying the account had been passed to them (also sent by recorded delivery). You will be aware that it is contrary to the OFT debt collection guidelines a disputed debt to be passed to a 3rd party.

It can be clearly shown that I continued to correspond with MBNA and Apex in relation to this matter up until 8th June 2009 and received no meaningful correspondence in return. I remain keen to resolve this issue and am willing to offer £333.64 in full and final settlement of this account provided I receive the following:

1. CLEARLY WRITTEN confirmation that this sum will be accepted by Apex in full and final settlement of this account (even if it would be registered on my credit file as a partial settlement )

2. A balance of £0.00 will be assigned to the account on my credit file and confirmation that neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability.

Payment can be issued within fourteen days of my receiving written confirmation of the above. Please note that the wording ‘partial settlement’ or ‘short settlement’ is not sufficient and will only agree to confirmation of a ‘full and final settlement’.

Yours faithfully

If they have added a default to your account, i would request that this be removed too, but that's just me.

suewiththeblues

thanks george for tightening up the letter- i sent the above on 7th dec

so the next scary letter i recieved today was dated 7th dec also (they wont have received mine at this point ) and is headed 'DEBTORS NOTICE'

it says unless i pay within 10 days a legal action may be taken against me
county court judgement
warrant of execution
attachement of earnings
charging order etc

yikes again - the letters are scarier by the day! i am guessing i hold tight as i still have not recieved any proof of CCA from mbna or apex - they cant take any of the above action until they have produced the CCA can they? or would they just take it to court anyway?

deepintrouble

Sounds to me like the letters are getting scarier because they know they don't have a leg to stand on, and they only say MAY do this that and whatever.

Looks like you're on to a winner to me, hang in there!

suewiththeblues

I hope so! this has been going on so long now :rolleyes:

suewiththeblues

From Apex - sent 11 dec, received today 16 dec

'following our recent conversations re the above account we can confirm that we will accept £333 in full and final settlement.

to avoid missing this opportunity we must receive your payment no later than 18th dec. once this deadline has passed (FRIDAY!!) the settlement will be void and the full balance due'

now.... victory??

i would have liked the letter to confirm ALL the points i listed in the letter i sent in prev post.............

any views? should i pay and get rid?

suewiththeblues

bumpety bump

GeorgeUK

I hate it when they do this. How long will the funds take to clear? At what point have they received payment - when you make payment or when the funds reach their account?

Oneday77

I would ask th ebank first thing in the morning if a BACS payment made tomorrow morning is guaranteed to clear on Friday. It may cost £20 to do it but if it is guaranteed to clear then send it and that's it done. Alternatively you could send a postal order special delivery, I don't think they have clearing times, I may be wrong.

suewiththeblues

i agree george, it would have to be a cheque paid by my mum and i wouldnt get that till saturday. and yes the dates thing is an issue as if the cheque was dated 17th but not received by them till say mon/tues would that count? arghhhh and the last thing i want to do is ring them! interesting they did not mention the CCA, though i would be happy enough just paying the full and final rather than have another year of letter tennis!