GlobalC's UE diary

[greymatter]

Re: globalcrossings's UE diary

oops sorry for encroaching on your post GC.
GM

[Never-In-Doubt]

Re: globalcrossings's UE diary

Thanks Garlok, i have uploaded it to the secure page

Ok, based on the fact that this is a Natwest DN and I know Paul had dealings with their DN person in another case, I thought it best to send over for his opinion.

The following is not advice, however it is what we've decided are the main defects of the DN that Natwest issued you and as such I feel that it is defective.

1.The notice is dated 17th November 2011 which was a Thursday.

2. RBS protocol is that the date on the notice is the date it is requested on their systems, the notice is sent to a printing centre over night and posted the next working day. The notice would have been posted on the 18 which was a Friday.

3. In the course of posting and relying on CPR 6.26 it would normally arrive on the Monday as Saturday is a postal day thus would not have given the debtor the full 14 days FROM the date of service.

4. This was based on RBS's evidence in another case.

5. The notice fails to follow the regulations, which require it to state a “DATE” not less than fourteen days from the date of service, it does not specify the date and thus departs from the rules.

5a. Such departing may be considered de minimis by the Court though if the Court finds that enough time was allowed.

6. The cover letter makes it clear that if you post the money by a cheque then you must allow 7 days. That is drastically reducing the time you have to remedy the breach to ten days from the date of the letter.

[GlobalC]

Re: globalcrossings's UE diary

Thanks Niddy, i 'll wait and see what Paul thinks after all there is no rush over this one yet as still paying an agreed sum each month.

[Never-In-Doubt]

Re: globalcrossings's UE diary

Thanks Niddy, i 'll wait and see what Paul thinks after all there is no rush over this one yet as still paying an agreed sum each month.

Paul has already looked and passed his comments to me, explained as abbreviated in my last post.

That's that.

[GlobalC]

Re: globalcrossings's UE diary

Oh cool! So as Garlok suggests this could become useful in the future eh?

[Never-In-Doubt]

Re: globalcrossings's UE diary

Oh cool! So as Garlok suggests this could become useful in the future eh?

If they try and enforce, yes, however you're paying this aren't you?

[GlobalC]

Re: globalcrossings's UE diary

Yes for the moment, depends whether they will be happy to extend the 6 month period or not.

[GlobalC]

Re: globalcrossings's UE diary

Hi all, to update i still have not receieved anything in writing from MBNA, still getting calls infrequently with the odd answer message asking me to call straight away, when will they ever write to me feel like i've been ignoring them for ages.

Also have a couple of questions if i may

1 I have a Natwest bank account that is overdrawn the overdraft and im getting charged £6 a day for this, i no longer bank with them is there anything i can do about this besides trying to keep it below the overdraft?

2. I also have a post office credit card which is maxed out but i think this was taken out in 2008 although i cant be sure. I have been paying this for the time being but am wandering if this is ok inlight of the Natwest and mbna situation?

Thanks again

[GlobalC]

Re: globalcrossings's UE diary

Hi all, to update i still have not receieved anything in writing from MBNA, still getting calls infrequently with the odd answer message asking me to call straight away, when will they ever write to me feel like i've been ignoring them for ages.

Also have a couple of questions if i may

1 I have a Natwest bank account that is overdrawn the overdraft and im getting charged £6 a day for this, i no longer bank with them is there anything i can do about this besides trying to keep it below the overdraft?

2. I also have a post office credit card which is maxed out but i think this was taken out in 2008 although i cant be sure. I have been paying this for the time being but am wandering if this is ok inlight of the Natwest and mbna situation?

Thanks again

Does anyone have any advise here please?

[Deepie]

Re: globalcrossings's UE diary

Does anyone have any advise here please?

Bit of History on MBNA plaese.....
Natwest Bank account I Would if I was you just ignore for now and don't pay anything into it.....
Post office why Don't you send CCA request see what they send back

[GlobalC]

Re: globalcrossings's UE diary

Thanks I2d, mbna im waiting for them to default me or at least write something meaningful, will update.

Am i right in thinking that overdrafts are always enforceable, and that if i stop payments i would be looking at defaulting and making f&f's?

I always thought the PO card would be enforeceable but i guess there's no harm in trying.

Thanks

[Never-In-Doubt]

Re: globalcrossings's UE diary

Did you see this regards OD's: ---> Flossy UE Diary YB Hassle - Page 3 - allaboutFORUMS

Not always enforceable but just cease paying, and they will eventually bugger off

[Deepie]

Re: globalcrossings's UE diary

Thanks I2d, mbna im waiting for them to default me or at least write something meaningful, will update.

Am i right in thinking that overdrafts are always enforceable, and that if i stop payments i would be looking at defaulting and making f&f's?

I always thought the PO card would be enforeceable but i guess there's no harm in trying.

Thanks

Have a read here about overdrafts >....http://forums.all-about-debt.co.uk/s...&postcount=322

[GlobalC]

Re: globalcrossings's UE diary

Thanks once again everyone for your tremendous help, i will now stop paying into this overdraft and will update as and when. I did forget to mention that i actually have 2 Natpest overdrafts and a buisness overdraft to all of which i will not be paying into. Buisness OD i have not payed into for over a year.
Will send off a cca to PO

[Never-In-Doubt]

Re: globalcrossings's UE diary

Will send off a cca to PO

that'll be to Bank of Ireland remember (as the issuer)