Melanie - What do i do?

[zoe]

Hi Melanie
As you know THomas Charles are passing paperwork to you for my IVA shortly.
I got a letter in the post today from MBNA stating they are going to start Court Proceedings against me. THey have said i have not responded to their previous correspondence (I have i have had them on the phone 12 times a day) and are looking to get a CCJ and then a charging order.
I have also had them on the phone this morning stating that they want payment. Told them going through IVA and they asked me if that was really the route i wanted to go down and did i understand that there will be a representative from them at the creditors meeting to say no and so it will be rejected. I did not rise to this, just said that they will be hearing from my IP shortly and they were stioll insistant.
What do i do?
Zoe
xx

[Oliver]

Hi Zoe

I hope you are well. I think Melanie is away for a few days so it would be a good idea if you contacted your Thomas Charles Debt Consultant about this so we can get on top of the situation asap.


Kind Regards

Ollie

[zoe]

Thanks Olly
Since this i have left a message for Doug to call me
I am really really worried about this, it is the first letter like this i have had
thanks again
Zoe
x

[Oliver]

Try not to worry too much Zoe, this is a usual scare tactic by a creditor and even if they do intend to push forward with court proceedings there are measures which we can put in place to halt these until your IVA is accepted.





Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp

[zoe]

Thanks Ollie
x

[Oliver]

More than welcome as always Zoe.

Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp

[DebtDummy]

zoe, that debt collector is trained to squeeze every pence out of you. Please don't react. Oliver is correct there are measures the IP can take to prevent the CCJ from happening. Shame on MBNA.

You did well to remain calm. Hang in there, there is light at the end of the tunnel and it's not the train's light (smile).

All I have left is my humour.

[zoe]

Thanks DD
I did actually say (naughty i know) "i know you are on commission - im sorry but you wont be getting any out of me!"
Zoe
xx

[i_a]

Hi Zoe,

You are not alone!

I had exactly the same letter from MBNA yesterday despite several letters and phone calls already being made and them saying verbally they will wait to hear from my IP.

I have written to them saying that this is disgusting behaviour and if it persists I will report them to the OFT and also I'm sure the financial press would be very interested in their underhand tactics and harrassment.

Other creditors I have are much more reasonable.

I'm going to phone them lunchtime too to complain as I'm really angry about this (but I will be calm on the phone).

The advice from TC is correct about protection from this - I believe you can take out what is called an Interim Order to stop any court proceedings while the IV is being processed.

Anyway I'm sure this will happen again as I have 5 different accoutns with MBNA!

Chin up.

[zoe]

Hi
Let me know how you get on and what you say to them as if it keeps on i may need to be taking the same stance?!!!

Zoe
xx

[i_a]

Hi Zoe,

Well I phoned MBNA and I have to say I felt really sorry for the person I spoke to! (am I the first person ever to feel sory for MBNA?).

I explained the letter I received and they confirmed my previous phone calls and letters to them and then asked if I could make a payment!

They didn't have a clue about IVA's, Interim orders or anything like that and all they could do is stick to their script and ask for money.

I really did feel sorry for her - obviously they have no training to deal with people who stand up to them and know their rights and it was obviously from a foreign call centre so language was a bit of a problem too.

It's totally MBNA's fault putting undertrained staff in that position but can't say I'm suprised.

Anyway I didn't really achieve much - I'm sending off a nasty letter to them today as phoning them again seems pointless.

Will update if I get anything remotey like an apology from them but how likely is that?

PS - also spoke to HSBC this lunchtime and they were very friendly and said just ignore letters that they send as they are automatic until they get a creditors meeting date. They didn't ask for money just an update on my case. What a contrast!

[zoe]

Excellent.
Icalled too the man i spoke to said it was a system letter and they would not be taking action!
Zoe
x

[i_a]

Great!

Bet it won't stop them sending more though but at least they admitted it!

Hope you can sleep a bit easier.

[go_4_broke]

Hi all

Just a few thoughts somewhat after the event.

If you are getting threats from the original creditor (MBNA in this case) you are almost certainly nowhere near getting a real CCJ. It's just scare tactics. Worry if you get a letter from a solicitor.

As ack states above if you are in any real danger the IP can apply for an Interim Order. I'm not sure this can actually prevent CCJ's but it can certainly prevent any action being taken on them (eg being bailiffed).

MBNA were one of my major creditors too and I always got the impression they were pretty relaxed, so maybe they've stepped up a gear. This was a few years ago. However as a matter of policy I NEVER spoke to them. Perhaps that's the trick.......

-Best


'5 years sticking my head into the Lion's mouth of debt !'

[lesley]

I have MBNA as a creditor too, same problem they are nasty I just take what they say when they say that they will reject IVA I just remind them that there's always bankruptcy and they will get nothing. They go quiet then and start being nice. You have to play them at their own game sometimes, the person giving grief on the phone is not who will be voting anyway it's not even the same company half of the time.