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MBNA have issued proceedings against me -please help


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As far as default charges go - they are arguably imposed under unfair contract terms and/or penalty clauses at common law and as such don't bind you - if they are included on a DN then arguably the DN is invalid - I say arguably because Rankine says they do't however I Rankine is wrong and I have an argument to deal with that.

 

The Defence does need amending

 

Ok thanks for that I note that you are busy his week as you advised in your previous post,would I be right in thinking that as per the directions posted previously we do not have to enter a new defence this week?I any case it may be that we will have more time anyway depending upon what happens tomorrow

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As far as default charges go - they are arguably imposed under unfair contract terms and/or penalty clauses at common law and as such don't bind you - if they are included on a DN then arguably the DN is invalid - I say arguably because Rankine says they do't however I Rankine is wrong and I have an argument to deal with that.

 

The Defence does need amending

 

I think the sum quoted on the default notice does include some late payment fees and interest charges

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Ok thanks for that I note that you are busy his week as you advised in your previous post,would I be right in thinking that as per the directions posted previously we do not have to enter a new defence this week?I any case it may be that we will have more time anyway depending upon what happens tomorrow

 

Yes - time shouldn't be a problem

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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