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About MBNAed

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  1. Dear Caggers I have received Optima's reply to my defence and could do with a little advice on a number of points: 1. Do I have a right to reply to their arguments against my defence? 2. They are stating MBNA sent the default notice by first class. Unfortunately, i didn't keep the envelope. Does anyone know who MBNA use for their postal service? And whether it is considered first or second class? 3. Regardless of the default notice date issue, they are stating that a court would find in favour of the plaintiff, referencing AMEX vs Brandon, where the judge stated: "The fact that the default notice may not have given the full 14 days, does not provide Mr. Brandon with any real prospect of a successful defence. In other words, it is not a defence which, in my judgement has a real chance of success." Has anyone come across this argument, and successfully argued against it? 4. The letter from Optima with the defence reply, is dated 29th July 2010. It gives me until 4.00pm on 12th July 2010 to withdraw my defence. (therefore 17 days in the past!). Does this clerical error help me in any way? Thank you in advance for your comment and advice. MBNAed
  2. Hi all. Thanks in advance to all who read and offer advice. After just a few hours on this forum, it seems we are not alone. I will try to be brief at to the details but I have today received CCJ Claim Form from Northampton Court, from MBNA via Optima Legal. This MBNA card dates back only to 2008, so I understand my options are limited. However, the defualt notice seems to fall short for the rectification date (DN dated 09/04/2010, received 13/04/2010, MBNA rectification date 26/04/2010, 13 days?) and also mentions the paragraph 8, which is not on my agreement. Furthermore, I have lodged a number of complaints with MBNA regarding their methods, and in particular, phoning during unsociable hours, remaining on the line even after the call has been terminated, suggesting I'd simply labelled as a complainer etc etc. Most of the things we've witnessed I've read about somewhere in these forums and yet they seem to be able to continue to ignore the UK laws and general decency. Has anyone succesfully counter claimed against them for distress / harassment. I would also appreciate any advice that could be offered in dealing with this Claim Form. Many thanks C
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