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Letter from MBNA demanding money after OH went BR

Thanks for all the help, all I seem to do is ask you guys questions :o

OH went BR in August, we received a letter from Tescos a month ago to say loan had been cleared, thought this was a sign of things to come. But yesterday OH got a letter from MBNA (another creditor included in BR) stating:

WE ARE AWARE YOU ARE NOW INSOLVENT AND A DEFAULT HAS BEEN REGISTERED WITH THE CREDIT REFERENCE AGENCIES. WE THEREFORE WISH TO CLOSE YOUR ACCOUNT. BEFORE WE CAN DO SO THE CONSUMER CREDIT ACT REQUIRES US TO SEND YOU THIS NOTICE
You have repeatedly broken your agreement with us by failing to make minimum payments. Paragraph 8f of your credit agreement provides that, subject to sending you any notice required, you must immediately pay your balance if you repeatedly break this agreement and fail to sort the matter out. A stop has been placed on your card.
In order to remedy this breach a payment of £319.71 by 21 December 2009 would have to be made.

The letter then goes on about if he does or doesn't take action, if we have difficulty paying to ask the courts for extra time (!) and to seek advice. Is this right, I thought all debts were now out of his hands basically, we sent all the original letters to OR, but now he's been transferred to RTLU and Moonbeever, we have no IPA as no surplus income, just the NT tax code which started last month. Or are MBNA just trying their luck? and if so who do we forward the letter to? Any help, I can't afford this now.
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Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Just a standard letter from MBNA.

    Technically by going BR he has broken the agreement, and they must notify him of that.

    It doesn't mean that it is not covered by the BR.

    Just forward that letter to the OR or feed it to the shredder. Either way, forget about it. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • I got one of those, just ignore it, it'll be the last you hear from them.
  • I got the same letter earlier this week & it just went straight in the shredder.

    I am getting hasstle of m&s money though (1 of my creditors) they just wont leave me alone, despite my or sending them all my br details back in September.

    The last phone call I had with m&s earlier this week, basically called me a liar & that I hadnt infact gone br because they had not apparently heard from my or. M&S finance have my br number plus all info connected to my or but they are like a dog with a bone & will not leave me alone.

    I get at least 2 letters a week from them, plus phone calls at all times of the day, right upto 9pm in the evening.

    I have reported it to my or but it doesnt seem to be doing any good at all & its really getting on my nerves!!
  • Thatsyourlot I would recommend that now is the time to start screaming two words down the phone at them. The first rhymes with something that has feathers and quacks and the second one is the opposite of the word "on". After a few times of doing that they should note that you are abusive etc etc and will then give up the phone calls for at least a while.

    Should get you some peace for Christmas anyway :)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Or take a few hints from zincoxide's thread. ;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • confused76
    confused76 Posts: 12,680 Forumite
    Part of the Furniture Combo Breaker
    surely if they haven't heard from your OR they have heard of the insolvency register and can see for themselves that you are BR?
    i'm not one for abuse over the phone but i do agree with hopefulfooluk...would get them off your back, you've been polite and it's got you nowhere
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    confused76 wrote: »
    surely if they haven't heard from your OR they have heard of the insolvency register and can see for themselves that you are BR?

    Of course they have! ;)

    It is just an excuse to continue behaving like ar$h*les.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi wrote: »
    Or take a few hints from zincoxide's thread. ;)


    Hmmm a well used true classic! :D
    We all die. The goal isn't to live forever, the goal is to create something that will
  • confused76
    confused76 Posts: 12,680 Forumite
    Part of the Furniture Combo Breaker
    fermi wrote: »
    Of course they have! ;)

    It is just an excuse to continue behaving like ar$h*les.

    stupidity on their part though, they're going to get nothing but are paying someones wage to make pointless phone calls!!!!! :mad: well if that's how they want to spend their wage bill....:rolleyes:
  • Thanks for the tips guys!! I almost did tell the lady this week to ++++ off.

    The thing is, both my hubby & I run our own businesses (sp) so neither of us can just leave the phone to ring, incase its a customer of either business.

    All my other creditors ceased any contact with me within about 1 month of my br, only these lot seem to keep the hasstle up, ironically M&S were the people I owed the least amount of money too!!

    My OR has re-sent all the info to them this week, so maybe somebody at M&S finance will put 2 & 2 together & realsie that its all connected, then maybe they will cease the contact.

    If they dare to ring over xmas I will deffo be telling them where to shove it
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