MBNA default notice

[jon1965]

Hi
This was issued to me last year after quite some time in a DMP. They had frozen the interest and were accepting £10 pcm payments. Then I lost my job. Febs payment was late but paid in March then nothing till may. This is the DN


They are still in breach of a cca request and to the best of my knowledge the agreement was never terminated, it was sold on earlier this year

[alangee]

Re: MBNA default notice

Do you have the envelope it was sent in? Was it 1st or 2nd class?

With 1st the dates may just be alright even though April 25th was Easter Monday, but second class it fails on amount of time to remedy.

There are also the usual things such as no date given, did they include a copy of OFT Information sheet, and would £20 have cleared the arrears and missed payments?

Alan

[jon1965]

Re: MBNA default notice

Hi Alan
No I do not have the envelopes or anything. When I went into my repayment plan the account was in arrears but without getting the paperwork from my old DMC how much I couldn't tell you.
I am afraid stuff such as the OFT info sheet would (if it was there) have just gone straight into the bin. You need to bear in mind that I lost my job on 29th April but knew it was happening for some time before so these little things like money were not at the top of my list. I had a DMC to do all that for me, all I did was scan and email them across.

I suppose it's kind of incidental at the moment as they have not supplied a cca request but the two phone calls today have kind of rattled me.

THis year MBNA sold my account to Britannica Recoveries who appointed Moorgate loan servicing Ltd . I sent them a CCA request in the same envelope as an I&E and a letter to say that I was now taking over the management of my plan and all correspondance should come to me. That was received by them on 12/3/2012.
Then in a letter dated 15th Arden said they had been instrucetd by moorgate to collect the payments(same company) then on 2nd april they confirmed they had received my I&E but wanted more details,
I then sent them a letter saying BTW I also sent a cca request with £1 so go forth and multiply until you comply with that.

It has all kicked off today
allaboutFORUMS - View Single Post - Jon1965's Diary

[jon1965]

Re: MBNA default notice

For crying out loud, I can not remember what I did yesterday so how can I remeber that

I do think it may have been an MBNA card, who did they buy out or do cards for?
I know it wasn't a virgin one .

No one has even acknowledged my cca request (mind you I have a couple like that, Amex (nectar) and Mint have been playing silly buggers but gone quiet recently)

[Paul.]

Re: MBNA default notice

Hi
This was issued to me last year after quite some time in a DMP. They had frozen the interest and were accepting £10 pcm payments. Then I lost my job. Febs payment was late but paid in March then nothing till may. This is the DN


They are still in breach of a cca request and to the best of my knowledge the agreement was never terminated, it was sold on earlier this year

The Default notice does not contain a date not less than 14 days from the date of service.

What the notice says is that you have 18 days

then when one looks to the statutory wording, it says "if you take the action before the date shown" WTF what date shown? its 18 days according to the letter!!

Plus when did they post it? when was the notice drawn up? cos it may have been drawn on the tuesday, posted on the wednesday but dated on the monday when the notice was requested etc

[pompeyfaith]

Re: MBNA default notice

Amazing how even now lenders cannot get DN right.

[Never-In-Doubt]

Re: MBNA default notice

Amazing how even now lenders cannot get DN right.

Where you been hiding? It's been the same for years mate - nothing will change, lenders are still as bad (if not worse) based on their 'incorrect' interpretation of the actual law.

[Paul.]

Re: MBNA default notice

Where you been hiding? It's been the same for years mate - nothing will change, lenders are still as bad (if not worse) based on their 'incorrect' interpretation of the actual law.

you must have been reading my blog then lol

[pompeyfaith]

Re: MBNA default notice

Where you been hiding? It's been the same for years mate - nothing will change, lenders are still as bad (if not worse) based on their 'incorrect' interpretation of the actual law.

Yes m8, however there have been plenty of cases go though the court and the lender has lost so you would have thought they would amened there ways surely it is not that hard?

[oscar]

Re: MBNA default notice

The Default notice does not contain a date not less than 14 days from the date of service.

April 25, 2011 - top left corner.

[Paul.]

Re: MBNA default notice

Details of breach of agreement and action required to remedy, or pay compensation for, the breach
3
A specification of:--
(a) the provision of the agreement alleged to have been breached; and
(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either
(c) if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than
fourteen days] after the date of service of the notice, before which that action is to be taken; or
(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and
the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

Thats what the law says

its not the date of the notice thats missing but the date by which the breach must be remedied.

Brandon v Amex also addressed this point

[jon1965]

Re: MBNA default notice

Thank you Paul, even though it is only a small debt (665) you have no idea how much better that makes me feel.

[SXGuy]

Re: MBNA default notice

Thats what the law says

its not the date of the notice thats missing but the date by which the breach must be remedied.

Brandon v Amex also addressed this point

Thanks for this Paul.!!!

I have a DN worded exactly the same way, not MBNA but another CC.

I worked out myself that 18 days, less date on envelope actually gives 15 days to remedy, which is fine, but from what you have said, it still needs to show a date for remedy!

[oscar]

Re: MBNA default notice

Thats what the law says

its not the date of the notice thats missing but the date by which the breach must be remedied.

Brandon v Amex also addressed this point

Teach me for being cocky!!

MBNA must have improced by October then - Mine has the date for remedy (which happens to be 18 days)

Still, my CCA is a fudge up job!

[jon1965]

Re: MBNA default notice

Just a thought, if you have an enforceable cca but you do not have the default notice (for whatever reason) is it worth SAR ing the company?