Is MBNA within its rights to ask me to do this ?

Degenerate

NickX wrote: »

My opinion on this is not relevant. It is the way the system works that is important. Lets stick to facts and not opinions.

Fact is that MBNA can ask the OP to cancel their Sky subscription

And you too.

Ansu

never-in-doubt wrote: »

No they cannot do this as already mentioned. Please get your facts right. They are perfectly entitled to ask him to give sky up, and the OP is well within his rights to laugh and hang up on them!

The exception to this would be if the lender issued default/ccj proceedings in which case a supplementary offer of £10 per month will result in these applications being thrown out.

Unless of course you want to tell me otherwise?

Of course he has the right to do that, but then of course they do not have to accept his proposal.

There is no contractual requirement for MBNA to accept his proposal.

NickX

Degenerate wrote: »

On planet earth, we don't need laws written just so we can request people to do things.

I'm sorry but this opinion just goes to who how wrong you are.

In business EVERYTHING is legal - there is a contract for everything, if the contract is not correct then nothing really exists.

Please, if you are not going to look at any commercial situation from a legal standpoint, then you should not be looking at it at all.

payless

If I refused or did not comply, he would not authorise the interest free £69 pcm

The way I see it -
So they can't force you .. but as the account is in default they reserve the right not to accept a reduced payment ( would need to go to court to enforce this point) but also they can remove the concession of not charging interest if they feel you are not playing ball.

never-in-doubt

Degenerate wrote: »

You just reversed your position.

No we are saying the same but in plain english for you - anyone can ask for anything; it is what you respond with that matters and a sharp no see you in court usually suffice!

NickX

Degenerate wrote: »

And you too.

You are just trying to be clever now.

The MBNA CSA can say "Well if you run the marathon we'll accept your offer".

Or he could say "Strip naked and run down the street"

What we are talking about here is whether the OP needs to comply with their request.

never-in-doubt

payless wrote: »

The way I see it -
So they can't force you .. but as the account is in default they reserve the right not to accept a reduced payment ( would need to go to court to enforce this point) but also they can remove the concession of not charging interest if they feel you are not playing ball.

The account is not in default; if it was then pointless paying and sit out 6yrs. Same result but cheaper. Morally wrong but the law says its legal so do it!

anyway, back on track.....

No, we can issue account in dispute which stops them, legally, from adding interest etc... so again it is all in our hands. we control the lender, not the other way around. Read the CCA ...

If the OP decides to offer more, the lender gets it. If he offers less, then the lender must act lawfully. They won't win because just before court you make a payment and action stops. back to square one.

Degenerate

NickX wrote: »

What we are talking about here is whether the OP needs to comply with their request.

That wasn't what the OP asked.

Degenerate

NickX wrote: »

In business EVERYTHING is legal - there is a contract for everything, if the contract is not correct then nothing really exists.

So how do contracts get written? I mean, since you're not allowed to negotiate without a contract already being in place? That would be a bit of a conundrum to solve.

Thankfully, the company that I am a director of has never come across this "contract to negotiate" situation.

NickX

Right. The OP asked :

Villaman wrote: »

Are they within their rights to demand I make this one final small economy, considering I offered them an extra £8 anyway ?

Now many people here appear to have taken this to mean a moral right and have answered YES they are.

Personally (and maybe I am in the minority here, don't know) morals do not apply in a commercial situation, morals are too subjective and can only refer to a legal right. In answer to whether MBNA have a legal right demand this, the answer is NO.

To the OP, please can you say whether you wanted to know about moral rights or legal rights ?