Help with Optima

hkp110

I have a debt with MBNA of around £1600 which has been passed to opitma. I am trying to get my debts cleared and but in some sort of order and get myself back on track.

I sent this email to them


With reference to my outstanding account with Bank of America (MBNA).

I have tried on a number of occasions to set up a payment plan with them, by post / email but have received no response. The people that have phoned in the past have been rude and not willing to listen to what I was saying.

Due to my current financial situation (after being made redundant) I am not in a position to settle this account in full. I am able to set up a standing order at the end of each month for £20. When my financial situation changes I hope to be able increase my payments.

If you could please confirm (by email is easier) that this is acceptable and confirm if I am to use the bank details on the letter, I will set up a standing order to start this month.


I today have received this email back

Dear Sir,

We thank you for your payment offer, the amount of £20.00 is just below the amount we can accept to hold legal action on this case.

If you are able to make payments of £30.00 per month this will hold any further action, please contact us to confirm if this acceptable and when this month the first payment will be made.

Regards

Could someone advise me what to do now. £30 would be stretching me a bit to much, and my monthly payments were under this before I got into trouble. I do not want legal action against but am now worried that is what they are going to do

Any help would be appreciated

Tixy

Hi
The key with this type of letter is to stick to your offer, if you give in then in a couple of months they'll be wanting £40 or court action etc.
If you cannot afford £30 then I would just stick with your offer of £20. Make sure you commence payments straight away (don't wait for them to confirm they accept it). They may well decide not to take any legal action once you start making the payments, as it does cost them to take you to court.

If they do decide to take court action (possible but not ever so likely if you are making payments) presumably you could demonstrate to the judge that the £20 was all you could afford. Assuming you could then they would not make you pay more than you could afford.

hkp110

who to I pay the money to ??? MBNA or optima

Tixy

Usually to the debt collector - though it depends on what any letters etc to you have said.

hkp110

I have received a letter from Optima legal. Saying they accept my payment of £20 a month.

The letter also saif that the client is obtaining a charging order against my property and court proceedings will continue to obtain a forthwith judgement with a view to obtaining a charging order.

What does that mean and why? when they have agreed to my payments??

king100

hkp110 wrote: »

I have received a letter from Optima legal. Saying they accept my payment of £20 a month.

The letter also saif that the client is obtaining a charging order against my property and court proceedings will continue to obtain a forthwith judgement with a view to obtaining a charging order.

What does that mean and why? when they have agreed to my payments??

Do you rent or do you own your home?

A charging order is a legally binding contract that states should you sell your house then any proceeds will be used to pay this debt.

A couple of questions you can answer for me?

When did you take this card out?

When was the last payment made towards this debt made?

hkp110

I made payment today as per there letter.

Today I have received a blue court summons for the full amount plus charges? what do i do?

king100

hkp110 wrote: »

I made payment today as per there letter.

Today I have received a blue court summons for the full amount plus charges? what do i do?

Can you please answer my questions?

What does this blue court summons look like, does it look like it has an official stamps on it, what court is it from?

king100

Read this

http://www.payplan.com/debt-library/court-orders-county-court-summons.php

hkp110

Sorry about answering questions. I am so worried, thought I was getting back on track

I dont know exactly but I think I took the card out in 2006.

I jointly own my house with my husband.

the court paper is blue and has come from northhampton.

its completely printed, stamp is also in printed.

it said the following (briefly)

1 claimants claim is in respect of a credit agreement regulated by CCA 1974.
2 The defandant failed to make minimums payments
3 A default notice was served on the defend 31/3/11 and defantdant has failed to comply with terms. a further demand for payment has been made made and sum due remains outstanding. The claimant claim is for principal sum inclusive of accrued interest which stands at 1685.56 plus costs.
4 the claimant has complied wiht sections III and IV of the practive direction on pre-action conduct.

I really dont understand,

hkp110

Can anyone help PLEASE? What do I need to do?