Desperate, am I in the wrong place?

Forgetmenot68

Urg, thank you for that. It sounds as though you know what you're talking about. I'm still finding my way round the process, and not sure what things I need to worry about and what I don't.

FMN xx

Verbatim

Forgetmenot68 wrote: »

Oh....! Thank you Verbatim, what a lovely thing to say!

How are you?

FMN xx

Well thanks.:j

lucielle

How are things going? Any news regarding your book?
L

Elspeth

Hi
Started reading your thread Forgetmenot and couldn't stop! As many have already have said think it's amazing how far you've come - and entirely by your own efforts. Sure that you'll soon reach a stable point with the agreements and then you can take some time to relax and reflect - and I think serendipity often happens at those moments with jobs.
Very best
Ellie

Forgetmenot68

Hi Lucielle, well the phone calls have started again, and started to get a bit nasty. My husband spoke to MBNA to explain that we couldn't pay more than our DMP amount, and they said, "well, then you're looking at bankruptcy aren't you...?" But, then my husband came off the phone said to me, "why don't we get a loan for £50,000 secured on our house? The man at MBNA suggested it........" :mad: I asked him whether he didn't realise himself why we couldn't do that.. Deep breaths, deep breaths....

As for the book, I'm editing at the moment. It's slow, which is frustrating, but what I've edited I'm really happy with, and I'm about half way now. It's very emotional, but I'm seeing how it will be when it's finished which is a lovely feeling.

Hi Ellie - thank you so much. It's a bit of a monster this thread now so thank you for reading to the end! I hope you're right about jobs. I have to get this book done because if I start working I feel I never will, and it's so close now.

FMN xx

GeorgeUK

It's against the OFT Debt collection guidelines for MBNA to suggest that!! :mad:
I would be tempted to send a letter of complaint, but it'll probably just get ignored.

If you want end the calls quicker, you could write asking that all communication be in writing only - or have you done this already? Can't remember now. Also, when they call and ask you to confirm your personal details such as date of birth etc, refuse and say you don't give that information out over the phone. As they can't verify you as the account holder, they shouldn't discuss the account with you after this.

Forgetmenot68

Thanks George. We have already done that but it seems we were ignored. We've also asked all of them to remove our phone number from their records... Naively I thought because we were dealing with the CCCS that creditors would start being pleasant to us (though some of them are). It is frustrating because my husband obviously still isn't clear what our position is, and they won't talk to me because he's the principal account holder. How are things with you?

FMN xx

Forgetmenot68

Is that really against guidelines? Obviously it's completely insane, but my husband thought he was being offered impartial advice...

GeorgeUK

OFT guidelines

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

2.6b - pressurising debtors to sell property, to raise funds by further
borrowing or to extend their borrowing

Also, as you are in a DMP with CCCS you have agreed not to take out further credit while the agreement is in force.

If your letter to stop the telephone calls is being ignored, you can send this. I'd adapt it slightly to suit. I'm sure there's something in the banking code about this, but can't find it right now.

Dear Sir/Madam,

Ref. 1234567890

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust that I have made myself understood on this matter,

Yours faithfully,

lucielle

Sorry to hear things are a bit tough. Stick with it.
L