Notice of Legal Action *sigh*

Triggles

Ok. Have received Notice of Legal Action regarding two of DH's accounts with MBNA from a solicitor's office. They don't make this easy, do they? We have sent letters every month for the past 3 months, along with reduced payments and most recently DH's SOA showing that we don't have the money to pay the full payments. The solicitors are saying a lot of "may" and "it is our client's intention" and such. The letter says to contact MBNA now by phone to discuss payment options that will freeze interest and reduce either the overall debt or the payments required. "This may be your final oppostunity to discuss such options." And "It is likely our client will require you to complete the Income Asset and Expenditure form, on the reverse of this letter, in support of any offer you make." It then instructs DH to send this info to MBNA, not the solicitors.

Now.... we've SENT the SOA already once to MBNA - both accounts! And letters advising them what we can pay (along with stating that we are hoping that circumstances will allow us to up the payment by end of summer by a small amount) and telling them that we will keep them updated, as well as that the payments are on standing order (although out of my personal banking account, not DHs as the one he is on is too far into the overdraft) so they will get these reduced payments regularly.

What do we have to do to get them to acknowledge these stupid letters we keep sending?? They keep sayying we are not paying and are not in contact with them, but we HAVE been sending letters along with payments, which I know they are receiving as it shows on the statements. The only thing I can think of at this point is to send a letter back to MBNA (to the NEW address that they've given us - god, we must have 10 different addresses they tell us to send to!:mad:) indicating that, as in the letters DH sent previously with payments (that we know have been received as indicated on the statements), these reduced payments are all that can currently be afforded. We will remind then AGAIN that we took advice from CCCS regarding this situation and this is what they advised DH to do. And then send a copy of this letter to the solicitors, so they are aware that we HAVE been in contact, but that apparently there are so many departments involved that nobody seems to know what's going on. This is soooooooooooo frustrating.

Any further advice on best ways to handle this? DH absolutely does not want to call them and speak to them on the phone (and we have told them in each and every letter that we only want contact in writing by post, still they persist in demanding we ring them) as he is extremely uncomfortable speaking to them and feels stressed and pressured, not to mention he is a night worker, and is usually sleeping during the day, so he's really just not up to it. He feels at a complete disadvantage speaking to them on the phone and is worried he'll get talked into paying more than he can afford. The bills are all in DH's name, so they won't speak to me.

savingmummy

Hi.
How annoying, it seems you have kept them well informed throughout and STILL they are harrassing you.

I have no dealings with DCA so can`t offer you any sound advise i`m afraid, BUT there are a lot of people here who are very clued up on this and will beable to help you. x

Triggles

I think this is further aggravating to me because we just started the DMP with token payments in November and December, and then January started paying reduced (very small, but at least not just the token) payments, so we felt a step up. Up until and through October 2009, we were paying the full payments (albeit struggling wildly to do so) every month on time without fail. Unfortunately, our financial position rather imploded due to various circumstances and we were simply not able to make the payments as of November.

roni08

Triggles wrote: »

I think this is further aggravating to me because we just started the DMP with token payments in November and December, and then January started paying reduced (very small, but at least not just the token) payments, so we felt a step up. Up until and through October 2009, we were paying the full payments (albeit struggling wildly to do so) every month on time without fail. Unfortunately, our financial position rather imploded due to various circumstances and we were simply not able to make the payments as of November.

When you wrote to MBNA did you send the correspondence by Recorded Delivery? If not, then I'd advise you write to them yet again stating your case and make sure that you do send it Recorded Delivery. You will then have proof that they have received it.

It's always the best option to have this proof rather than just posting letters by ordinary mail.

Triggles

The first 2 were by recorded delivery. I also included the payments in the letters. As they received the payments, they HAD to have received the letters.

roni08

Triggles wrote: »

The first 2 were by recorded delivery. I also included the payments in the letters. As they received the payments, they HAD to have received the letters.

Well providing you kept the post office receipts you can go online to the Royal Mail website to track and trace the letters. Just type in the 13 number barcode on each receipt and it will confirm when the letters were delivered and may also have a viewable signature.

If you can do this it will be a good position to be in as you have something to back you up should they cause you further problems. I hope this is of some help.