Need to send a letter TODAY!!

quantumleap

Hi all,

Following on from a recent thread. My stepfather has been unemployed for 8 months, has buried his head in the sand and ignored letters from MBNA. He owes 6k and has no means to pay it, has no assets (it is my Mums house, whilst he lives there, they are estranged). MBNA have said that if they do not hear from him by Monday 16th March they will sell the debt to a DCA.

I want to send a letter to them this afternoon on his behalf but I don't know what to say. He has already offered (some months ago) a token payment of £10 p/m which they refused. He should have sent it anyway but didn't!

I'd thought of asking for the CCA and going on to say that when it is recieved he will pay £20 p/m by way of a token payment until his situation improves.

Any thoughts on what the letter should say!

quantumleap

Just giving this a quick bump as I could really be doing with some advice from you guys!

Thanks

Merlinexcalibur

I'd thought of asking for the CCA and going on to say that when it is recieved he will pay £20 p/m by way of a token payment until his situation improves.

My advice would be to send that BEFORE you send them anything this afternoon. Then sit back and wait to see what they have or may not have in some instances.

a token payment of £10 p/m which they refused. He should have sent it anyway but didn't!

As you know, I am afraid they will continue to ignore ANY minimum payment you make token or otherwise. My next suggestion would be to contact someone like CCCS who will go through a budget for you and then make token payments based on that NOT what MBNA thinks is 'reasonable'.

But before you send them a CCA? What is the debt? Just being sensible here but as he's unemployed £20 a month is going to put an obvious strain on him. Mentally, financially and emotionally at this time. Which is why I suggest CCCS to you. It takes the stress away from you and your stepfather knowing they are there to help you with all this. But don't send them anything until you have spoken to someone like CCCS for example. I mean it's obviously up to you what you choose to do but ... I can see you are quickly going to land yourself in murky depths if you do things in the order you describe as above.

PS Asked what the debt is because certain things are not covered by the CCA request. So you would be wasting money asking for one. But if it's for a credit card, then certainly do so.

Just giving this a quick bump as I could really be doing with some advice from you guys!

I also assume you do want help with this as you did bump it up? But I am afraid you are doing everything in backwards order with your letters. Don't take that just from me, though.

Any thoughts on what the letter should say!

Well, anyway. Quite up to you what you do next. But the way you are doing it, will only make your stepfather's situation worse. Why people give advice for example. Not as if zillions of us have done all this for example before.

mrcow

If you or he have online banking - then send them a token payment online today. Be it £1, £10 or £20 - whatever he can afford.

And then write to them saying that the payment has been sent, that he is committed to paying the account and that he will be contacting them very shortly with his payment plan.

Then he needs to give the CCCS a call and take his head out of the sand.

Today is a good day to remember if it's the day he started pulling him self together rather than running from his problems.

Good luck.

debrag

quantumleap wrote: »

Hi all,

Following on from a recent thread. My stepfather has been unemployed for 8 months, has buried his head in the sand and ignored letters from MBNA. He owes 6k and has no means to pay it, has no assets (it is my Mums house, whilst he lives there, they are estranged). MBNA have said that if they do not hear from him by Monday 16th March they will sell the debt to a DCA.

Bankruptcy

Merlinexcalibur

Oh, yes, bankruptcy. As he's unemployed right now. How would he get his benefits paid as DWP no longer pays by giro and hasn't done for quite a while now. If he's not got a bank account how will he receive his money? And as he's out of work right now, it will have potentially very serious impacts upon his 'attractiveness' to employers. Those who will not know this but employers are regularly putting credit checks on employees now. Which also means it will decrease his changes of being available for work if he's signing on that is. If he isn't? Why isn't he? Because he really should be, so forget about pride for example. Pride also didn't stop those bankers defrauding the world. So, if he's not claiming JSA he really should be or any other form of benefit. It's what they are there for. If that's the issue here. Pride doesn't put food on the table. What I am saying is do not go bankrupt unless it is a last resort. It might sound easy in principle but the practice is very different. Apart from that I shudder to think what impact it would have on him mentally on to of being unemployed. I have not read your other thread, only this one so do not know what other debts he has. Bankruptcy is never the easy way out.

quantumleap

Other than the 6k on the MBNA card there is no other debt that I am aware of. His JSA has been stopped as 26 weeks is up, he has reapplied as is waiting a result.

Whilst BR cannot be ruled out I don't think it is something that we will consider at the moment. I am inclined to suggest he make an effort to arrange a payment ASAP, commit to the payment of the debt and ask for a CCA for records.

If you think this is the wrong think to do I would invite some constructive advice as to why.

Thank you again, your input is very much appreciated.

mrcow

I think you're right - but he needs to send that payment today. Even if it's just £1 - it's showing that he is continuing to pay. MBNA aren't going to be overjoyed about it, but it may stop them passing the debt over next week?

quantumleap

None of us are registered for online banking I'm afraid, so it isn't going to be possible to send it today. It'll have to be a cheque in the post this evening.

RAS

quantumleap wrote: »

Hi all,

Following on from a recent thread. My stepfather has been unemployed for 8 months, has buried his head in the sand and ignored letters from MBNA. He owes 6k and has no means to pay it, has no assets (it is my Mums house, whilst he lives there, they are estranged). I want to send a letter to them this afternoon on his behalf but I don't know what to say. He has already offered (some months ago) a token payment of £10 p/m which they refused. He should have sent it anyway but didn't!

I'd thought of asking for the CCA and going on to say that when it is recieved he will pay £20 p/m by way of a token payment until his situation improves.

Any thoughts on what the letter should say!

Please

MBNA have said that if they do not hear from him by Monday 16th March they will sell the debt to a DCA.

This is to his advantage, not his disadvantage, so stop panicking. yes he will get a default, but he is not in a position to get more credit right now and DCAs are more inclined to accept small payments.

1. Send a CCA request if the account was taken out prior to April 2007.
2. Wait 12+2 days and see what happens. MBNA accounts are notorious for being badly documented.
3. if the account is enforceable, talk to one of the debt charities.
4. Set up a basic bank account not related to his existing accounts, so he can get income payments and organise DDs and SOs.

5. Do not think about bankruptcy unless he has taken proper advice as it is quite possible to acquire beneficial Interest on a house even if you are not on the deeds.

debrag

Merlinexcalibur wrote: »

Oh, yes, bankruptcy. As he's unemployed right now. How would he get his benefits paid as DWP no longer pays by giro and hasn't done for quite a while now. If he's not got a bank account how will he receive his money? And as he's out of work right now, it will have potentially very serious impacts upon his 'attractiveness' to employers. Those who will not know this but employers are regularly putting credit checks on employees now. Which also means it will decrease his changes of being available for work if he's signing on that is. If he isn't? Why isn't he? Because he really should be, so forget about pride for example. Pride also didn't stop those bankers defrauding the world. So, if he's not claiming JSA he really should be or any other form of benefit. It's what they are there for. If that's the issue here. Pride doesn't put food on the table. What I am saying is do not go bankrupt unless it is a last resort. It might sound easy in principle but the practice is very different. Apart from that I shudder to think what impact it would have on him mentally on to of being unemployed. I have not read your other thread, only this one so do not know what other debts he has. Bankruptcy is never the easy way out.

I was told if I lost my job to go bankrupt. I know it's not the best way to go but he has not money coming in how can he even afford token payments?