MBNA/Restons claimform - old A+L Card **WON+COSTS**

[summerbreeze]

If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.

 

So once the DN states the arrears to rectify the breach it should then move on to:-

 

If you don not pay the aarrears by the date shown above the Creditor intends to:-

 

1.Require immediate payment on the Total Amount Ouststanding 9as set out below if ness by Court Action

 

Total Amount Outstanding £ xxxxxxxxx (inc arrears)

I am still confused

All it says on my DN is

' if the arrears are not paid before xxxx we may demand payment of the total amount outstanding under the agreement '

 

 

Rebate allowable (if any) £ xxxxxxxxxx

 

Net Amount Outstanding £ xxxxxxxxx

 

providing the above is laid out in that form then the Termination is complete (legally)

 

Regards

 

Andy

 

On my DN all it says is

' If the arrears are not paid before xxxxx we may demand payment of the total amount outstanding under the agreement '

no figures or calculations

Then it goes on about what will happen if they take me to court but again no figures or amounts

 

Fairbyblue I am sorry if I am hijacking your thread but I hope my questions are helpful to you also .

 

I will go back to my own thread now

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192837-help-please-court-papers-11.html

[Dinkjames]

My understanding of post 701 is that it is not related to a Default Notice, rather to the new item that was added ISFA the creditor needs to send a letter to the debtor informing them of arrears on the account.

 

I also understand that a DN is issued for amounts in arrears, and not for the full balance outstanding. I can't find anywhere in the CCA that the total amount due is a requirement of a DN. In order to claim the full outstanding balance, the creditor needs to issue a DN.

 

Steven, I would also say that the second DN is invalid as it came from Santa Clause

[AndyOrch]

Post 701 refers to the amendments made in October 2008 to the CCA 1974/2006

 

Andy

[diddydicky]

See Post 701

 

 

Regards

 

Andy:cool:

 

i don't see anything in post 701 which says the dn must contain the total amount owing

 

it refers only to the arrears

[diddydicky]

On my DN all it says is

' If the arrears are not paid before xxxxx we may demand payment of the total amount outstanding under the agreement '

no figures or calculations

Then it goes on about what will happen if they take me to court but again no figures or amounts

 

Fairbyblue I am sorry if I am hijacking your thread but I hope my questions are helpful to you also .

 

I will go back to my own thread now

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192837-help-please-court-papers-11.html

 

i don't want to appear to be "negative" but i am totally unaware of any legislation which requires to total amount outstanding on the account, nor discounts etc to be included on a DN

 

i am still learning myself but i am pretty sure i would already haev picked this up and i woulnd't want summerbreeze to go off half cocked claiming a fault DN on these grounds

[Dinkjames]

Correct me if I am wrong, but post701 refers to S86 that was added to the CCA in 2008. This change has nothing to do with a Default Notice. See http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/GN69.pdf

[diddydicky]

88. Contents and effect of default notice. — (1) The default notice must be in the prescribed form and specify—

(a)

the nature of the alleged breach;

(b)

if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

©

if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than [F114] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [F114] days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the [F114] days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [F2and any other prescribed matters relating to the agreement].

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

Annotations:

Amendments (Textual)

F1

Words in s. 88(2)(3) substituted (1.10.2006) by Consumer Credit Act 2006 (c. 14), ss. 14(1) , 71(2) (with Sch. 3 para. 10); S.I. 2006/1508, art. 3(2) , Sch. 2

F2

Words in s. 88(4) inserted (16.6.2006) by Consumer Credit Act 2006 (c. 14), ss. 14(2) , 71(2) (with Sch. 3 para. 10); S.I. 2006/1508, art. 3(1) , Sch. 1

[r&b]

the content is covered in here isnt it:

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983:

 

 

 

6. Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.pdf

[diddydicky]

the content is covered in here isnt it:

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983:

 

 

 

 

thanks,- nothing in there that requires anything other than he amount being claimed to rectify the default

[summerbreeze]

i don't want to appear to be "negative" but i am totally unaware of any legislation which requires to total amount outstanding on the account, nor discounts etc to be included on a DN

 

i am still learning myself but i am pretty sure i would already haev picked this up and i woulnd't want summerbreeze to go off half cocked claiming a fault DN on these grounds

 

 

Hi DiddyD

 

Dont worry theres other faults with the DN I have so I wasnt relying on this point alone.

Thanks for your concern though:)

[diddydicky]

Hi DiddyD

 

Dont worry theres other faults with the DN I have so I wasnt relying on this point alone.

Thanks for your concern though:)

 

no probs

[someone_else]

i don't see anything in post 701 which says the dn must contain the total amount owing

 

it refers only to the arrears

 

 

The total amount due only needs to be stated for Hire-purchase not credit-cards - part 6 of the 1983 Default etc.. regs covers it.

[AndyOrch]

I am looking for where in the legislation it states the total owing must be on the DN

Can anyone help ?

 

Just to clarify my earlier post and to enlighten friend Diddy Dicky I didnt make the above statement but the poster summerbreeze quotes.I thought there was refernce to it in my post 701.Unfortunatly not,apologies.

 

My later post refers to loan /HP agreements (thats rebate Diddy not discounts) and is a perscribed term if its referred to in the agreement

ie

4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [F2and any other prescribed matters relating to the agreement].

 

The above from yor post Diddy

 

The rebate being a perscribed term hence the need to not only include the arrears but also the total amount outstanding (less rebate of course)

 

Apolgies FB for the confusion

 

Regards

 

Andy:rolleyes:

Edited June 30, 2009 by Andyorch

[diddydicky]

Just to clarify my earlier post and to enlighten friend Diddy Dicky I didnt make the above statement but the poster summerbreeze quotes.I thought there was refernce to it in my post 701.Unfortunatly not,apologies.

 

My later post refers to loan /HP agreements (thats rebate Diddy not discounts) and is a perscribed term if its referred to in the agreement

ie

4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [F2and any other prescribed matters relating to the agreement].

 

The above from yor post Diddy

 

The rebate being a perscribed term hence the need to not only include the arrears but also the total amount outstanding (less rebate of course)

 

Apolgies FB for the confusion

 

Regards

 

Andy:rolleyes:

 

no wukin furries blue!

[fairbyblue]

Well they have paid the listing fee of £600. Now how do i go about calling a witness in person to explain their statement from MBNA? Or is all their evidence just accepted as fact?

 

[tinkerbell20]

Well they have paid the listing fee of £600. Now how do i go about calling a witness in person to explain their statement from MBNA? Or is all their evidence just accepted as fact?

 

[/quot

 

They haven't paid it yet............They've been ordered to by 4pm today. Did you check with the court?

[pompeyfaith]

Hiya Fairbyblue,

 

You need to send a letter to the sols listing the witness you want in court they will then contact them.

 

Make sure you get a receipt of posing of this letter just in case they do not show and you need to prove to the judge that you did request them.

 

Also copy that letter to court.

 

Regards

 

PF

[fairbyblue]

Cheers PF

I checked with the court at 1605hrs and they have paid. so a letter to solicitor and court with name of witness.

[diddydicky]

I think that you need to put the other side to strict proof of certain facts/events in your defence and then demand attendance of those who are in possession of those acts/deeds/etc to give evidence and to b equestioned

 

for instance if the other side said that a document was posted on such a date, then you put them to proof and you can ask that the person who actually was responsible for posting the document be accountable

 

(i think thats how it works)

[creditcardmug]

The listing fee is refundable to them, should they decide to vacate at some future point, just thought i should make the point as its all part of the mindgames

[fairbyblue]

Hiya Fairbyblue,

 

You need to send a letter to the sols listing the witness you want in court they will then contact them.

 

Make sure you get a receipt of posing of this letter just in case they do not show and you need to prove to the judge that you did request them.

 

Also copy that letter to court.

 

Regards

 

PF

 

Thanks. I wish to call a witness from MBNA so firstly do they have to attend? and is it done just by a letter to Restons and the court.

 

If it is by letter do i have to put the reasons i want them?

 

thanks

[pompeyfaith]

in my case it was put on the order that i had to call them by such a date that is all the order said so in your case i would of thought a letter to the sols and Ms powell as i asume it is her that did the WS copy to court as well so they know the state of play as 4 putting a reason i dont think that is needed as anything that is said has to be said in front of the judge PF

Edited July 9, 2009 by pompeyfaith

[fairbyblue]

in my case it was put on the order that i had to call them by such a date that is all the order said so in your case i would of thought a letter to

 

Thanks.

my order just says exchange witnesses statements by 24/7/09. As sure as eggs are eggs i'll get theirs at 15.55hrs on that day . It doesnt say about actually calling them in person

[pompeyfaith]

sorry FBB ive added to post above

[fairbyblue]

in my case it was put on the order that i had to call them by such a date that is all the order said so in your case i would of thought a letter to the sols and Ms powell as i asume it is her that did the WS copy to court as well so they know the state of play as 4 putting a reason i dont think that is needed as anything that is said has to be said in front of the judge PF

 

Did she show?