MBNA charging order

iamsc

I am so upset and angry - sorry. I have been paying what I can to MBNA since about April, the have said I need to pay x amount or after 7 months they will sell the debt on. Fine. I have been paying as much as I can, but can't afford the level they want. Anyway, I got a default notice on one of my cards with them (I have two), so I called them as a courtsey to say that I had got it but as they are aware (I have been going through Payplan since last month), I don't have the £700 they want for the arrears. The guy looked at my account, and said it had been referred to their legal team with a view to obtaining a charging order, my mortgage is x, my property is worth y (I wish), so there. I am beside myself. Does anyone else have any experience of this? Thank you for taking the time to read this.

Deep_In_Debt

They are probably just bluffing.

I wouldn't worry about the debt being sold on either. It will probably work in your favour as DCA's tend to freeze interest and charges and accept lower payments.

If you do receive any paperwork relating to a charging order, then post back on here as soon as and the good people will guide you through what to do.

Sorry, I'm not much help as I have little knowledge of this but partly wanted to "bump" your post as it was slipping to page 2.

Useless_with_wonga

Hi,
We had debt with MBNA too. In all honesty and in our case we found them bloody horrible to deal with.
They also threatened us with a Charging Order amongst other things. Anyway it all turned out to be a load of hot wind and idle threats.
We just paid as per our DMP and let things tke their course which in our case ended up with them selling the debt onto a DCA who after a few months offered us a Full and Final which we took with the help of a loan from the MIL (one more payment to MIL sees this debt dead and buried:j) We got a substancial reduction from the DCA on what we actually owed.
Ok our credit rating is blown to bits but in all honesty i could not care less as with all of us going through the mill i'm not really interested in entertaining credit ever again.

RAS

iamsc wrote: »

I am so upset and angry - sorry. I have been paying what I can to MBNA since about April, the have said I need to pay x amount or after 7 months they will sell the debt on. Fine. I have been paying as much as I can, but can't afford the level they want. Anyway, I got a default notice on one of my cards with them (I have two), so I called them as a courtsey to say that I had got it but as they are aware (I have been going through Payplan since last month), I don't have the £700 they want for the arrears. The guy looked at my account, and said it had been referred to their legal team with a view to obtaining a charging order, my mortgage is x, my property is worth y (I wish), so there. I am beside myself. Does anyone else have any experience of this? Thank you for taking the time to read this.

iamsc

Please can you tell us; have you requested the Consumer Credit Agreement for these accounts and have you had the default notice checked?

There are certain elelemnts in both that have to meet legal requirements If any are wrong, you can halt legal action and defend your case and they cannot get a charging order.

Just also to tell you that the OFT are considering the situation with charging orders for consumenr credit, so it may be worth making a complaint to them.

GeorgeUK

Unless this went to court and they dot a CCJ, which you then defaulted on - they shouldn't be able to get a charging order. They were out of line to even mention this if you have only just received a notice of default.

Also, did you keep the envelope that the DN came in? Check the date it was posted and see if they have allowed enough time for the default to have been properly processed. Could be handy to know for future reference.

iamsc

Thank you all so much for your replies, I feel a bit better about it now.

I have not requested the CCAs but think I will do so on all my accounts - not just the delightful MBNA - just in case I need them. The envelope is in the recycling bin so I will dive in to retreive it; thanks for the advice. How could I get the default notice checked?

I have already complained to the OFT about MBNA's tactics (harrassing calls from them and the alsodelightful Aegis, which to be fair, did then reduce, I also complained direct to MBNA) but would be more than pleased to report them again; hopefully if the OFT get a lot of complaints, it could help all of us in this situation.

Useless with wonga - really pleased for you that you got them sorted AND have now almost replaid the MIL!

GeorgeUK

I've not read up on default notices, but that's one of the things i remember from 10past6 posting about defaults. If they don't allow you enough time as outlined by the legislation to respond then the default may not have been properly processed. Hopefully RAS will be able to go into detail - i think he's answered posts on default notices before.

I'll have a hunt around for some more info.

iamsc

Thanks - I will get searching through threads too.

Useless_with_wonga

iamsc wrote: »

Useless with wonga - really pleased for you that you got them sorted AND have now almost replaid the MIL!

Ah............:o We may have sorted the MBNA situation but unfortunatley for us another creditor has escalated the situation by applying for a Charging Order. In fact we are in court tomorrow afternoon:eek: in regard of it.
We are going into "Bat" but are not that confident of having a good innings without being bowled out.
I think we have a reasonable case to put forward however it seems from reading others posts that it is little more than a formality and the creditor usually wins.
Still if you don't try and all that. Besides if we do nothing they will get what they want by default so may as well go to court and have our say on the matter it can't make the situation any worse and even if the chances of "winning" are slim it's got to be worth a go. Better to try and fail rather than never try at all.

iamsc

Useless with wonga - how did you get on in court?