CCJs and property restrictions

RAS

Hi

What you need to know was how much in arrears were you on the date that they terminated the agreement ( the end of April)?

thehog

RAS wrote: »

Hi

What you need to know was how much in arrears were you on the date that they terminated the agreement ( the end of April)?

I have not had any correspondence since from MBNA, ie they have not confirmed that they have terminated the agreement.

But! When I called them , they said they had no details of my account any more as it had all been passed to Optima Legal.

The only details of arrears I have notice of is from the DN and they are in the region of £1,800.

Do I have to wait for a termination letter or is it safe to assume that as MBNA do not have any record of my debt that Optima Legal are now in charge?

As Optima Legal are expecting a payment from me by next Friday I need to be 100% sure that I have my facts right!!

RAS

Hi

They MUST have terminated the account as legal action cannot be taken without terminating the account.

if you can bear to ring Optima, it may be that you need to ring them and ask the date of the termination letter. Write and demand a full copy of this.

how much was the whole aco!!!! valued at?

thehog

RAS wrote: »

Hi

They MUST have terminated the account as legal action cannot be taken without terminating the account.

if you can bear to ring Optima, it may be that you need to ring them and ask the date of the termination letter. Write and demand a full copy of this.

how much was the whole aco!!!! valued at?

That's what I suspected.

I don't know if I can bear to call Optima again - now I know I have some legal knowledge in my favour I will make all future contact in writing, perhaps with copies via email so that they can't claim non-receipt. I wonder whether I simply write to them and say look, I am disputing the debt due to the faulty temination letter and I'm not paying you anything, as the debt is in dispute you can't take any action against me.

The whole account is valued at £x - that's what Optima have demanded.

RAS

thehog wrote: »

"Where a DN is invalid then the account terminated, the creditor loses the legal right to the capital sum as they terminated the account without giving the debtor an opportunity to mend the breach that led to the default in the first place.


All they can claim is any arrears that arose whilst the agreement was current."

If this is correct, they cannot claim the £11,316.

They can however claim the £1180 ish arrears from before the account was terminated.


That is still a good outcome for you.

RAS

younned to understand the legal status of e-mail and letters. E-mail has not real standing in court.

I would recommend that you do a Subject Access Request, which should produce the termination letter.

Please check out whether they can take you to court for the £1100 with NDL.

10past6

As advised yesterday, at this stage you do nothing, don't force them into making a decision against you, your position remains as stated, you react to whatever action they take, should that result in litigation, we'll deal with that as and when it arises.

One word of warning, although the DN is defective at this stage, should the agreement NOT be terminated, they may well issue a new corrected DN, which is why it's important to do nothing as stated.

thehog

But Optima Legal will definitely take legal action for a CCJ and a caution if I don't pay them the agreed sum (which I don't have) by next Friday. I was hoping not to have to deal with any litigation but from what you say this seems unavoidable?

What should I pay Optima Legal? Should I pay them anything? I'm really confused.

thehog

RAS wrote: »

younned to understand the legal status of e-mail and letters. E-mail has not real standing in court.

I would recommend that you do a Subject Access Request, which should produce the termination letter.

Please check out whether they can take you to court for the £1100 with NDL.

Could I email a letter as an attachment and mail the original, rather send an email containing the text from the letter?

Sorry, not sure what Subject Access Request is or who I contact to get it.

What is NDL please?

RAS

TH

We have no way of knowing what Optima will do when you do not pay them £250 (no crystal balls or bugs in their office to help).

From 10past6's last advice (trust him please as he does know what to do), if they do, you will be in a very good situation.

You thought in the first post that you could afford £90? maybe pay that.

Please try to avoid talking to them, refuse to answere the security questions.