mbna cc cca

[tobyjug]

Re: mbna cc cca

Hi MrsD
Yes I have always paid every month without fail
Tobyjug x

are you still paying the £5 Toby?

[tobyjug]

Re: mbna cc cca

Hi All,
question.... now that I have been defaulted, do I carry on paying mbna the £5 per month, or do I wait for whoever buys the account from mbna and pay them?
any thoughts???
Cheers
Tobyjug x

[MrsD]

Re: mbna cc cca

depends what you are trying to achieve?

[garlok]

Re: mbna cc cca

The default notice has it been checked? Is it defective in any way? The termination may well be invalid preventing legal action until the DN is remedied? But we don't tell them yes?

regards
G

[tobyjug]

Re: mbna cc cca

Hi Garlok,
no I haven't had it checked, just thought a default notice was a default notice, what am I looking for?

cheers[
Tobyjug x
QUOTE=garlok;334536]The default notice has it been checked? Is it defective in any way? The termination may well be invalid preventing legal action until the DN is remedied? But we don't tell them yes?

regards
G[/QUOTE]

[tobyjug]

Re: mbna cc cca

Hi MrsD,
at the moment just keeping the wolves from my door,
cheers[
Tobyjug x
QUOTE=MrsD;334524]depends what you are trying to achieve?[/QUOTE]

[garlok]

Re: mbna cc cca

There are a number of things as to form and content and time to remedy. Can you be exactly sure of the day it actually fell through your letter box? If so from that date it should state a specific date for remedy and it must be 14 days (without looking it up LOL) or more from the date of service (i.e. through your letterbox), It must also, as this is a CCA agreement state that it is served under section 87(1) of the Act. It also most importantly be ACCURATE and state the necessary action you can take for remedy of the default. This is different to getting a default on your credit file by the way and the two should not be confused. If you look around the forum there are a number of discussions about DNs. However be aware from Paul's expertise on this subject a defective DN CAN be remedied by a re issue correctly. But don't tell them at all it is defective and heaven forbid it gets to the court door then you tell them. Nasty little delaying tactic and why not? However many re-issue and still get it wrong and after couple of attempts the judge may well get fed up and strike out.

regards
G

[MrsD]

Re: mbna cc cca

Ok

if you are looking at UE, then there is not point in paying every month as you are just extending the pain, you must be 6 clear years of no acknowledgment or payment in England and 5 in Scotland, what did Niddy say about the paperwork? I can see it's enforceable.

Ok I've had wee read back, did you complain to the FOS as Elsa suggested?

[garlok]

Re: mbna cc cca

Hi Toby if you are interested at all in the default notice at this stage have a wander through this:-

http://forums.all-about-debt.co.uk/s...efault-Notices

However i think you are a way yet from worrying too much about this.

regards
G

[garlok]

Re: mbna cc cca

Sorry just to add that Niddy has declared this enforceable. Read back a bit further and the DN may be a bit more important as time wears on.

regards
G

[tobyjug]

Re: mbna cc cca

Hi and thank you for the info, the notice was dated 1/5/13 and I received it on 4/5/13 it stated that I needed to pay £2.5k to remedy the breach by the 20/5/13 and on the top it states, served under section 87(1) of the consumer credit act 1974.
so I think its correct
tobyjug x

There are a number of things as to form and content and time to remedy. Can you be exactly sure of the day it actually fell through your letter box? If so from that date it should state a specific date for remedy and it must be 14 days (without looking it up LOL) or more from the date of service (i.e. through your letterbox), It must also, as this is a CCA agreement state that it is served under section 87(1) of the Act. It also most importantly be ACCURATE and state the necessary action you can take for remedy of the default. This is different to getting a default on your credit file by the way and the two should not be confused. If you look around the forum there are a number of discussions about DNs. However be aware from Paul's expertise on this subject a defective DN CAN be remedied by a re issue correctly. But don't tell them at all it is defective and heaven forbid it gets to the court door then you tell them. Nasty little delaying tactic and why not? However many re-issue and still get it wrong and after couple of attempts the judge may well get fed up and strike out.

regards
G

[tobyjug]

Re: mbna cc cca

Hi
no Elsa said to wait until it had been terminated and we will write back outlining how they've continually said they will help and done absolutely nothing, when I had been open and honest about my situation. Then complain to the Financial Ombudsman if they don't agree to my token payment of £5 per month.( but to be honest I thought Elsa said to wait until the account is sold only just realised I should of wrote to them already) OOPS OOPS OOPS
Tobyjug x

Ok



Ok I've had wee read back, did you complain to the FOS as Elsa suggested?

[vint1954]

Re: mbna cc cca

Hi Tobyjug. Is the 2.5k just the arrears or the full ballance.

[tobyjug]

Re: mbna cc cca

hi Vint1954
no the full balance at that time (may 2013) was just over 18k, its now just over £19k( july 2013_[
cheers
Tobyjug x

Hi Tobyjug. Is the 2.5k just the arrears or the full ballance.

[garlok]

Re: mbna cc cca

H'mm, bad luck. At this stage and from what you have said it seems to be OK but there are better judges than me on these matters. (if it comes to it)

regards
G