I personally wouldn't count on deadlines set by the court at all ...in my experience deadlines can drift on and on as long as the court is being given information (true or otherwise) about the need for continuation.

Reckon I'll be in a similar position soon. I'll review this thread, and if there's anything that I can add - I will. Best of luck...

Just reading through Steven4064's guide again [http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html] ...and I came across this: "Finally, there are requirements about the accuracy of the statement of APR. These are given in Schedule 7. The APR stated must be no more than 0.1% below the actual interest charged and no more than 1% above." Am I wrong to conclude that the APR of 19.9% appears to breach this given the figures of 1.52% per month (18.24% per annum) quoted earlier in the same sentence? Perhaps I'm clutching at straws. I'm looking for weaknesses in order that I can point these out, and ask the bank to reconsider my settlement offer. As such the weaknesses don't need to make the agreement completely unenforceable ...just weaken their position.

Hey Cerberusalert, Thanks for your feedback. I've uploaded another scan with most of the info that you mentioned highlighted. Please see below. What this has thrown up is that the document refers to the credit limit as an 'overdraft'. In addition, I cannot see any 'right to cancel' clause on either page [yes it's hard to read the reverse page, but there doesn't appear to be anything about cancellation]. Not sure where that leaves me - perhaps there are different regulations for an 'overdraft' than a typical credit card. Any comments would be most appreciated. Thanks

Update: I wrote to MBNA and accepted their unlawful rescission. I also told Experto Credite about this. I have heard nothing from MBNA, but Experto call me regularly ...despite me signposting them back to MBNA. Any idea what happens now?

Cerberusalert... Thanks for that. I read through the guide, but that left me with grey areas. Here's my CCA: [Thanks in advance for any pointers/advice]

Hi, I'm in the midst of long-term financial problems, and having had settlement offers rejected by some [but not all] of my creditors, I have no choice other than to look at alternative ways of addressing my financial difficulties. With this in mind, I got my hands on a copy of one of my Credit Card Agreements. I've reviewed the document as best I can, but despite reading various guides I'm still unsure of exactly what it is that I should be checking. [Although I have to say, I'm a bit concerned that some of the dates don't add up]. Does anyone have a 'guide for dummies' that spells out the key points I should be checking? Thanks

@vint1954... Thanks v much for your response. Don't think I received anything more from MBNA ...such as a letter terminating the agreement. What happened after the default notice was that my account number was changed within a few days [i have written evidence of this] ...and I was contacted by EC a few weeks later. The timing of the DN appears to have been too short. The change of my account number in a letter a few days after the DN [perhaps] indicates that my account was closed just a few days after my DN. However, there hasn't been anything else in writing from MBNA since the DN. So, no letter informing me of termination [received], no NOA [received] ...and so far no reply to my SAR [received]. I guess it could be that the Royal Mail aren't doing a great job. So with a lack of huge amounts of hard evidence, I'm wondering whether I should hold out to see if MBNA send me a response to my SAR at some point now it's well beyond the forty day mark - and this might shed some light on the situation. OR Maybe I should just send in a letter [thanks] as you suggest? If you get a mo, I'd appreciate your thoughts. Thanks - yoyo

Hi, Interesting thread... Best I can tell my account was sold before the DN expired AND/OR I wasn’t given enough time to rectify the situation and therefore the DN was invalid. No Notice of Assignment was ever sent to me, and no reply has been sent to my SAR [sent recorded delivery and they cashed the cheque]. Should I be accepting an unlawful rescission of my account now …or do I hang on hoping that I might get further proof through my SAR [if I ever receive anything back]? Any thoughts? Thanks

@Pumpytums - it wasn’t the full balance, so perhaps it was arrears. I have uploaded the DN here: http://farm5.static.flickr.com/4011/4310796629_d9ac30a57d_o.jpg @supasnooper – I guess that I should claim that the DN is invalid, and then MBNA have to prove otherwise. Thanks again… yoyo

Hi… I’ve been mulling my position over. Thanks to forum members input, I'm now of the opinion that the Default Notice is invalid if MBNA sent it by second class mail, but at this stage I’m still not sure whether it’s invalid if they sent it first class. I’ll need to investigate this further to establish whether the DN is invalid if it was sent first class. - - - Assuming that I get to the stage where I believe that the DN is invalid, do forum members have opinions on what steps [step-by-step] I need to go through to convert my position that the DN is invalid, into acceptance by MBNA / EC that they’ve screwed up? - Do I simply inform both parties that the DN is invalid? - Do I accuse MBNA of breaching our agreement, and at the same time accept their breach? - Any other opinions on what to do next? Just to say that I have found the advice and opinions from forum members really useful, and would welcome any and all feedback. Many thanks yoyo

@pumpytums & supasnooper. Thank you for your continued help and advice. The math on the DN is that I was given 18 inclusive days in total, but that included a weekend shortly after the letter was dated. Therefore, from what you're saying if I can prove that DN was sent 2nd class then the DN is not in fact valid. However, if it was sent 1st class, then it's a closer call. Am I wrong? Are you saying that if a DN is posted first class on a Thursday it would be deemed served on a Monday, and if it was posted on a Friday, it would be deemed served on a Tuesday?

Hello everyone... Many apologies for not responding, I've been checking my account settings, as for some reason I haven't been receiving any notice of updates. I will try to recify this. Thank you very much to everyone who has contributed to this thread. I have had a quick look, and I've been asked for info by Bigdebtor: @Bigdebtor: I'd need to check on termination notices, I've certainly seen some but not all. In the case of one of my debtors for example, the DN wasn't followed by a termination notice, and so far there's been no Notice of Assignment. Despite this, a DCA has been in touch claiming the debt has been sold to their client and that I need to pay them.

@HeftyHippo. I didn't retain the envelope, so don't know whether the DN was sent 1st or 2nd class. On the surface, it seems to me to look as though they allowed enough time. I'll put the brakes on giving MBNA time to send me a NOA. I would have thought that they should have done this by now, as it looks to me as though the account was sold on in December. Therefore, I'll pop a letter in the post to EC asking for more info over the weekend, and put the MBNA SAR on hold until the NOA appears. Thanks v much once again.

@HeftyHippo. Thank you very much for your detailed opinion and advice. In terms of timescales it sounds to me as though the DN was properly executed: I had just over a fortnight to respond, and it related to my original account number. I have received no notice of assignment from MNBA. The only real question mark I have really is whether the account was closed before the DN expired, as my account number had changed on a letter that MBNA sent me six days prior to the DN expiring. From what you’ve written, that may mean that MBNA have broken the agreement and CCA. Inline with supasnooper’s suggestion, it looks as though my key next step should be to SAR MNBA.