MBNA - (Abbey & Virgin cards) CCA ??

[citizenB]

Here you go GG.. post 21 in the following link is a copy of the letter that Fairbyblue sent Restons when they issued another DN AFTER they had been slaughtered in court.

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/214452-mbna-now-served-3rd-3.html#post2362645

 

Not a long thread, (about 3 pages) so it might be worth having a read of it.. there are snippets from all the DN experts on it.

 

HTH

[42man]

Was the old DN defective too ?

 

Dear sir / madam

 

I am in receipt of your default notice dated XXXX I am slightly bemused as to why I have received this as it would seem to be a totally ficticious piece of paper as I no longer have any kind of agreement with you as you previously sent me a notice of termination dated XXXX

 

I am of the opinion that you have committed an unlawful recission of contract and would in order to prevent court costs like to know how you plan to compensate me for this ?

 

I point towards

 

Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255 Kpohraror v Woolwich Building Society [1996] 4 All ER 119.

As modern authorities in Law.....

 

 

[42man]

I think my letter really needs softening down a bit !! you'll need to edit it...

[guzzleguts]

Thanks CB

 

Appreciated

 

GG

[guzzleguts]

Thanks 42man

 

The new DN seems to be ok, although they may struggle on the paragraph 8 issue.

 

The notice of termination was the original DN thats what they have stated in court and documents, thats what i am concerned about, the judge said that if the original DN was invalid the termination was too. I however have a witness statement from them stating the account is terminated, also some info from my SAR that leads me to believe the account has been terminated last year. Also they registered a default at the CRA before issuing the first DN, dont know if that is relevant.

 

GG

[guzzleguts]

On studying the new DN it has the same remedy amount as the first DN, if that was the case this must confirm they terminated after the first invalid DN, otherwise they should include monthly payments since the last DN.

 

Or am i loosing the plot

 

GG

[mandyjayne]

Oh guzz... what a s**t

 

this is what i am dreading, mine was struck out yesterday but i dont think for one second this is the last im gonna hear from them...who are the dca in your case?

 

im going to have to follow your thread very carefully me thinks!

 

gutted MJ:)

[guzzleguts]

Optima

 

Thanks

 

GG

[steven4064]

Well done GG

 

On the new proceedings, etc, I don't think I can add anything to what my learned colleagues have said

[guzzleguts]

Thank you Steven

[creditcardmug]

Are they proposing a fresh claim gg?

[robcag]

Hi gg

 

Further to your PM to me this morning. Sorry about the delay in getting back to you, but I've been really busy today (still am!). I hope you don't mind but I'll reply here so everything's out in the open;

 

I haven't had time to read much of your thread but I get the gist of you having been issued a second DN by MBNA, and it looks like you're getting plenty of helpful advice and support from the good people on here.

 

 

When I was at my court hearing the opposing barrister representing Restons continued their argument about re-issuing a second valid DN after they had admitted the first was invalid and therefore their claim could not succeed as things stood. I argued that the account had been terminated (they hadn't issued a termination notice, but had said they would terminate on the defective DN). I then argued that they should be taken at their word and that the account had been terminated.

 

I argued using the commonsense logic (like you) that if an account had been terminated, then there was nothing to default, as that was all I could think of at the time. The Judge seemed to agree, although she did not say so in so many words.

 

I would now find it easier to make that argument if I had to because of the excellent reasoning put forward by surfaceagentx20 in his (sticky) thread about dodgy DNs;

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

then the follow-on discussion thread;

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further.html

 

 

another thread;

http://www.consumeractiongroup.co.uk/forum/legal-issues/165197-default-notice-re-issue.html

 

Furthermore, it seems it's not unusual for MBNA to issue multiple DNs in their pathetic attempts to get things right. I've seen one thread on here where they've issued a CAGger with a third DN after discontinuing because of a defective DN, and got it wrong again on the third attempt! :lol:

see this thread;

http://www.consumeractiongroup.co.uk/forum/legal-issues/214452-mbna-now-served-3rd.html

 

I'd say as long as you haven't complied with the demands for payment on a defective DN and therefore let it run its course, and MBNA have said they will terminate on the given date, then although they may not have actually issued a termination notice, they can be taken at their word that they have done so.

 

In fact today on the last thread linked to about the 3rd DN, fairbyblue has actually posted today that he's just received a letter from MBNA that they have decided to close his account, what a shame!

 

Cheers

Rob

Edited October 9, 2009 by robcag
spelling

[guzzleguts]

Thanks for your time on this Rob, much appreciated. Did you ever send the claimant a letter about the terminated agreement?

 

Hi CCM they have only issued another DN at the moment but i think they will be issuing a claim as soon as the remedy time runs out. Is it worth me sending a letter to mbna and explain the fact that the DN is worthless as the agreement is terminated.

 

I also have some data from my SAR that suggests they terminated this agreement last year long before any DN was issued, even though monthly statements ceased in February this year.

They also registered a Default with the CRA before issuing the first DN, dont know if thats relevant.

 

Would appreciate some advice on this

 

Thanks

 

GG

[steven4064]

MBNA think that, becaus they are an American bank, that they needn't bother with such irrelevant things as UK regulations. Well, they have another think coming, don't they?

[guzzleguts]

Thanks steven i agree, but in my position now, would it be best to let the DN run its course or write them a letter explaining that the new DN is worthless?

 

GG

[steven4064]

Not sure - look at the threads in robcag's post for guidance

[mandyjayne]

Morning Guzz...

 

out of interest, i dont suppose you've received your actual judgment order yet via the post? Does this case being re-instated also not depend on what the judge has put on that. I found a post on Fairyblues thread (will trott off and have a look for it) where the order was worded as such that they could not re-instate, i do believe! I also think i read that you can do a N244 (one of PT's posts) to stop them.

 

I will have a look and see if i can trace them and post up maybe some help to you, and me should the need arise!!

 

Im sure someone will correct me if im wrong:D

 

all the best

 

MJ:)

[mandyjayne]

Found Fairbyblues one have a quick read...may help

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/214452-mbna-now-served-3rd-2.html#post2363733

Edited January 10, 2010 by mandyjayne

[guzzleguts]

Thanks mandy

 

I had their claim struck out because of an invalid Dn, their solicitor believes they would issue another Dn and re-issue proceedings.

 

I will have to defend this on the basis that the account is terminated therefore no agreement is live no case to answer.

 

Thanks for posting i am following fairyblue's thread very closely at the moment.

 

GG

[pompeyfaith]

Hiya GG

 

As requested here is the MBNA Comms Log abbreviation key sheet.

 

I have looked on this for ATP but there is no entry, but it may help you in other ways.

 

 

Regards

 

PF

[guzzleguts]

Thanks PF

 

I think i will wait for their new claim form, im sure it wont be long after the DN expires.

 

GG

[citizenB]

gg, responding to your pm. Can you please edit out personal information and pop the WS etc, in your thread. Thanks

[guzzleguts]

Thanks CB

 

Give me an hour

 

The doc's below relate to a claim i made for costs against the claimant after my application hearing where i got their claim struck out, would like some advice in regards to their summary costs, are they asking the court to award them costs or trying to scare me into backing down over this.

 

Also would it be a good idea to file a witness statement of my own to support my claim for costs.

 

Any help much aoppreciated.

 

 

GG

Edited January 7, 2010 by guzzleguts

[guzzleguts]

[guzzleguts]

 

 

 

Here are the doc,s CB, hope you or anyone else can advise.

 

Thanks

 

GG