MBNA Default Notice/CCA

[cashins]

" You must now pay £XXXX to this office by Wed March 11, failing which a summons will be issued for the full balance plus any continuing fees and costs.

 

That is inconsitent with running the account and must indicate termination.

 

David

[empowered]

That is inconsitent with running the account and must indicate termination.

 

David

 

Hi David

Can you please enlighten me on the implications of above?

[cashins]

Once the agreement is terminated by them, they cannot reinstate the agreent without your agreement. (Which you are unlikely to give).

 

Puts them in a fix re your default notice, which correct me if I'm wrong is defective. Once the agreement is terminated they can't issue another one, they're stuck with it.

 

The more learned may help on this, (please) but as I understand it, the only claim that would hold water now is for the ammount specified on the notice to clear the arrears.

 

David

[empowered]

Once the agreement is terminated by them, they cannot reinstate the agreent without your agreement. (Which you are unlikely to give).

 

Puts them in a fix re your default notice, which correct me if I'm wrong is defective. Once the agreement is terminated they can't issue another one, they're stuck with it.

 

The more learned may help on this, (please) but as I understand it, the only claim that would hold water now is for the ammount specified on the notice to clear the arrears.

 

David

 

Thanks David - that makes perfect sense - sending off a "bemused" letter to Restons which I don't think will have much success but gotta try everything!

[StayingCalm]

Hi empowered

 

Thanks David - that makes perfect sense - sending off a "bemused" letter to Restons which I don't think will have much success but gotta try everything!

 

I have not read your full thread but unless you are 100% certain this account is terminated I would urge caution in writing to Restons.

 

Are Restons demanding more than just the arrears?..... as their letter does not seem to be yet demanding the full balance.

 

Regards

SC

[empowered]

Hi empowered

 

 

 

I have not read your full thread but unless you are 100% certain this account is terminated I would urge caution in writing to Restons.

 

Are Restons demanding more than just the arrears?..... as their letter does not seem to be yet demanding the full balance.

 

Regards

SC

 

Hi SC

Thanks for looking in! The first para of Restons letter says:

 

"We are instructed by MBNA Europe Bank Ltd to claim immediate payment from you of the balance outstanding on your Overdue Credit Card, £XXXX, plus capitalised interest as appropriate".

 

So yes... they are demanding the whole amount:cry:

[empowered]

SC - just spent over an hour ploughing through your thread:p fascinating reading and fascinating win Did they ever reissue another DN?

[StayingCalm]

Hi empowered

 

No second DN, and no further contact from Restons!

 

SC

[angel_1]

hiya empowered

 

just came across your thread today so am subbing as ive learnt again something interesting for my cases

 

any updates on this now though? if you can advise?

 

or is it at litigation perhaps?

 

anyway have a fun day all the same laters angel x:)