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

Degenerate

NickX wrote: »

Well the company that I am a director of pays solicitors to draft contracts. This would need to be funded by the client, therefore an initial contract needs to be in place before a further contract can be drafted.

How did you negotiate these contracts? According to you, if a contract isn't already in place, you have no legal right to negotiate anything. Chicken and egg.

NickX

Degenerate wrote: »

Reversed your position again. As you already admitted before, the answer is YES. They have a legal right to demand whatever concession they want. OP has a legal right to tell them to get stuffed. They have a legal right to decline the arrangement to pay and pursue the matter through the courts.

You are playing with words and just trying to be clever by suggesting that my position has changed. It has not.

Everyone knows that the OP is using the word demand in such a way to suggest that MBNA are attempting to force him into taking this action.

Your suggestion that legalities are not the important issue on "planet earth" has actually proved to me that your knowledge is minimal and that you are just trying to be argumentative.

payless

You say

The account is not in default

But then agree

never-in-doubt wrote: »

a default is a default - simply means breaking an agreement.

The OP confirms 3 missed agreed payments ... and that before the issue that lead themn to a repayment program... in my mind that means its in default

NickX

Degenerate wrote: »

How did you negotiate these contracts? According to you, if a contract isn't already in place, you have no legal right to negotiate anything. Chicken and egg.

They have agreed to the Terms and Conditions of drafting the contract. This forms a contract in its own right.

williham

If you can afford to pay the £8 then you should be paying them £8 plus whatever savings you get from cancelling your sky (£16?).
You got yourself in to the debt...

NickX

williham wrote: »

If you can afford to pay the £8 then you should be paying them £8 plus whatever savings you get from cancelling your sky (£16?).
You got yourself in to the debt...

Is that your own opinion or what you believe the OP is legally obliged to do ?

never-in-doubt

williham wrote: »

If you can afford to pay the £8 then you should be paying them £8 plus whatever savings you get from cancelling your sky (£16?).
.

Why should he be? As Nick says, in your opinion maybe but the OP never asked for our opinion

williham wrote: »

You got yourself in to the debt...

Have you ever considered that people don't always get themselves into debt? i.e. a family member dies, they get a CC to pay funeral costs or something..... there is over 20% of UK residents living the breadline so trust me, such a statement is utter bollox and deep down you should know it is.

Degenerate

NickX wrote: »

They have agreed to the Terms and Conditions of drafting the contract. This forms a contract in its own right.

So you mean, terms were offered, and you had the opportunity to accept or reject them? Just like MBNA offered this guy terms? But you say that's not legal.

Degenerate

NickX wrote: »

You are playing with words and just trying to be clever by suggesting that my position has changed. It has not.

Everyone knows that the OP is using the word demand in such a way to suggest that MBNA are attempting to force him into taking this action.

Your suggestion that legalities are not the important issue on "planet earth" has actually proved to me that your knowledge is minimal and that you are just trying to be argumentative.

The OP clearly stated his situation. MBNA have demanded a concession from him, without which they will not agree the arrangement to pay. He is asking if they can legally do this. The answer is yes.

I have not for one second suggested that legalities are not important. It is simply that the legalities of negotiating an arrangement to pay are clearly not what you think they are. One does not need an explicit legal right to demand a particular concession in negotiations. In the real world, the whole point of negotiations is for both parties to reach an agreement before resorting to legal process. If a satisfactory arrangement cannot be agreed, then the letter of the law comes into play.

pb3

aron wrote: »

Agreed. You need to get your priorites in order. Satelite entertainment is a luxury.

Agreed - I survive on Freeview just fine. If anything Freeview has too many channels

An initial outlay of £90 for a decent Freeview PVR and then £0 per month.

63 quid per month for Sky! :eek: