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  • #16
    Re: MBNA default notice

    Originally posted by SXGuy View Post
    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

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    • #17
      Re: MBNA default notice

      Originally posted by Paul. View Post
      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

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      • #18
        Re: MBNA default notice

        Originally posted by Paul. View Post
        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
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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