MBNA default notice

[Paul.]

Re: MBNA default notice

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!

now this post may not be very popular but its gotta be said

What i posted above was the law. The extract from the Legislation itself.

However, the interpretation of what that means is still a matter for a judge to decide. While i may think it is not compliant to serve a notice like that, a judge may look at the mischief the rule is designed to prevent, in this case, to ensure not less than 14 days is provided, and may consider the fact that 14 days were allowed is sufficient to allow for compliance.

Just because i have one view doesnt mean a judge would take the same view.

I would be careful as if that is the only complaint you have and the notice gave you enough time then the court may not be sympathetic

[Never-In-Doubt]

Re: MBNA default notice

you must have been reading my blog then lol

Nooo, I listen to what you say when we talk. It may appear as though I don't but I do.

My recent PM will also confirm as such

* but yea, I do read your blog when time permits - you rant on a bit much mate

[SXGuy]

Re: MBNA default notice

now this post may not be very popular but its gotta be said

What i posted above was the law. The extract from the Legislation itself.

However, the interpretation of what that means is still a matter for a judge to decide. While i may think it is not compliant to serve a notice like that, a judge may look at the mischief the rule is designed to prevent, in this case, to ensure not less than 14 days is provided, and may consider the fact that 14 days were allowed is sufficient to allow for compliance.

Just because i have one view doesnt mean a judge would take the same view.

I would be careful as if that is the only complaint you have and the notice gave you enough time then the court may not be sympathetic

Good point, and noted