Advice Please. MBNA (Alliance & Leicester) Credit Card

[KAR22]

Thank you Multay, thats the one, I knew there was one on here somewhere but couldn't seem to find it.

 

Thanks again

 

KAR

[Multay]

no probs...Good luck with it...

[KAR22]

I got this through the post today

 

In their first letter they said that I had until tomorrow to contact them regarding repayment. I suppose it had to be defaulted sooner or later, I could never understand why MBNA didnt issue a default notice.

I sent the letter that Multay kindly pointed in my direction, so am going to wait for their reply.

[Multay]

Hmmm... I would check that default notice...As I understand it there are certain texts required within a default notice..Things that cannot be missed, a bit like the CCA...Also it has to be 14 days from recipt of the letter, not the date they sent it...I'll see if I can find the rules concerning default notices but I'm pretty sure that one is a load of b*ll*cks...

 

Good news for you....

[Multay]

I think I'm right....Have a look at this thread...

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/158845-how-should-default-notice.html?highlight=required+text+in+a+default+notice

 

The notice MUST containe the words as described in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as follows....

 

"

Quote:

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER

ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH"

Quote:

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE

FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]".

I believe that this is very important and can help you...But one of the experts will have to help you a little further with this one...

[Multay]

Just checked again...The default notice is deemed served two days after posting you then have 14 days from that date NOT the date on the letter!..

 

X20 says (hope he doesn't mind me quoting him)...

 

"MBNA sent out a default notice which failed to give the necessary 14 days 'after the date of service' and then terminated the agreement. They just added 14 days to the date on which they produced it, failed to take account of the likely day on which it would arrive in the post and failed to add on 14 days after that. It's unbelievable that for the sake of a couple of days or so, they'd willingly risk trashing the agreement."

 

The full thread here...

http://www.consumeractiongroup.co.uk/forum/legal-issues/145452-stayingcalm-abbey-no-cca-6.html

 

I would keep quiet about this, no point in telling MBNA anything until after they terminate the agreement without a proper default...

It would be good if you get clarification on all of this..Don't take my word for it, but I'm pretty sure this is correct,,,

[Multay]

And there is this which may be relevent...

 

Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 - failure of a Default Notice to be accurate invalidates the Default Notice (this can be used in a cross argument with s.98 CCA 1974 Termination Notices, issued on Current Account Overdrafts, also)

Kpohraror v Woolwich Building Society [1996] 4 All ER 119 - failure of a Default Notice to be accurate is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give aa claim for damages in the sum of the amount of the Default, plus £1,000 in substantial damages caused to credit reputation

 

Enough for now I think...

[KAR22]

Thanks Multay, have had a look at the links that you so kindly supplied and I think you may be right. It does appear that i have 14 days from receipt of the DN and it doesnt contain the appropriate wording. I think stone cold silence from me is the way to go. I've already sent the letter you suggested in an earlier post and am yet to receive their response (if indeed i get one).

 

Thanks again.

 

KAR

[KAR22]

Hello again all, have been around but had no reason to update as hadn't heard a thing from the DCA since September 08... until today.

Received a letter stating

 

"enclosed is a copy of original credit agreement (which on the face of it, is properly executed and signed by yourself)"

 

Actually, what is enclosed is exactly the same as the illegible application form as posted in post #12 minus the terms and conditions.

 

Have I missed any change in legislation that now makes this an enforceable agreement? or can I request from the DCA documentation that I can actually read?

 

Many thanks for reading.

 

KAR

[KAR22]

Yesterday I received a 'Doorstep collection notice' from ScotCall, think I'm going to send the 'Do not darken my doorstep' letter. If this is not the right way to go, any advice is welcome.

 

This must be the shortest 14 days in history given that Equidebt gave me 14 days to contact them re post #84.

 

Many Thanks

 

KAR

Edited February 7, 2010 by KAR22
Cant Spell :)