whats the difference between a defualt notice and a statutory notice claims to be both

[teaboy2]

hi all i recieved this default notice in the post this morning from MBNA. now it states its a default notice but then further in the letter is states its a statutory notice. whats the difference and is this notice enforceable or not?

 

I had been making monthly payments and admit to missing a lot lately due to finacial issues and loss of employment at the end of last year. So any advice would be great guys and girls

 

 

SEE POST 20 fOR THE LATEST UPDATE ON THE SITUATION.

Edited September 11, 2009 by teaboy2

[42man]

Are you able to scan/photo it and post it up here (minus amounts, personal details, reference numbers) ?

[teaboy2]

Are you able to scan/photo it and post it up here (minus amounts, personal details, reference numbers) ?

 

Yeah trying to sort it so it will show bigger photo.

[teaboy2]

ok got the letter image size sorted now guys and girls

[teaboy2]

any help guys?

[teaboy2]

shall i just send them a request for CCA along with the £1 postal order and see if they comply?

[robcag]

Hi TB

 

First things first, is that your real name on the DN?

 

Second thing, dig the envelope the DN was delivered in out of the bin.

 

As it stands (timewise) the DN is valid if sent 1st class post and if it was posted on the date of the DN.

 

For what I'm getting at you may like to read this thread;

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

 

Cheers

Rob

[teaboy2]

Hi TB

 

First things first, is that your real name on the DN?

 

Second thing, dig the envelope the DN was delivered in out of the bin.

 

As it stands (timewise) the DN is valid if sent 1st class post and if it was posted on the date of the DN.

 

For what I'm getting at you may like to read this thread;

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

 

Cheers

Rob

 

Hi Robcag

 

Yes it had my full name and address on it. Ive got the envelope but theres no postage date on it its one of those Prepaid UKMail express parcels and mail envelopes. but it took 2 days from the date of the letter for it to get to me.

 

Ive read the thread your referred me to. now am wondering weather they can actually damand payment in full when its clear in the letter that they have not termintated the agreement but intend to do so if i dont pay in full by the date given. can they actually demand i pay in full? becuase it sounds like they can only claim the arrears if the agreement hasnt yet been terminated.

 

By the way it was actually an ABBEY credit card not an MBNA one so i assume they either took it over or abbey is part of MBNA at the time of the agreement.

Edited August 14, 2009 by teaboy2

[teaboy2]

so what should i do guys and girls?

[robcag]

Hi TB

 

Hi Robcag

 

Yes it had my full name and address on it. What I was referring to is that you may have left your name on the uploaded image ... Dear Mr ..... Ive got the envelope but theres no postage date on it its one of those Prepaid UKMail express parcels and mail envelopes. AIUI, unless it's sent 1st class (Royal Mail?) it's deemed to have been sent 2nd class, thereby requiring 4 working days after the date of posting for service - therefore the DN would be invalid for the reason that you haven't been given the statutory 14 clear days to remedy but it took 2 days from the date of the letter for it to get to me. Probably irrelevant unless you actually admit/confirm that to the sender (MBNA)

 

Ive read the thread your referred me to. now am wondering weather they can actually damand payment in full when its clear in the letter that they have not termintated the agreement but intend to do so if i dont pay in full by the date given. can they actually demand i pay in full? becuase it sounds like they can only claim the arrears if the agreement hasnt yet been terminated. Sorry I'm not sure on that aspect as there may have been some contractual term to allow that. Of course that's if they can produce an agreement which states that!

 

By the way it was actually an ABBEY credit card not an MBNA one so i assume they either took it over or abbey is part of MBNA at the time of the agreement. I had a couple of MBNA accounts (both now in the hands of Link DCA) which started life as something else. So far no agreements have been forthcoming for either, not even application forms

 

Cheers

Rob

[FlyboyAgain]

Ihnore the b****x about stat noticies; they're just trying to scare you. It's only they're own 'notice' and is in no way linked to govt stat notices.

Edited August 14, 2009 by FlyboyAgain
spelling

[robcag]

Ihnore the b****x about stat noticies; they're just trying to scare you. It's only they're own 'notice' and is in no way linked to govt stat notices.

 

Just my opinion, but a DN is a statutory notice, as it is required by Statute to be served, i.e CCA1974 ss 87-88

 

Cheers

Rob

[FlyboyAgain]

Just my opinion, but a DN is a statutory notice, as it is required by Statute to be served, i.e CCA1974 ss 87-88

 

Cheers

Rob

 

It may well be, but they should be referring to it as a DN, as per the Act:-

 

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

I wasn't being picky, but, y'know' it's MBNA and they like to come across all officious and threatening.

Edited August 14, 2009 by FlyboyAgain
additions

[teaboy2]

Hi TB

 

Originally Posted by teaboy2

Hi Robcag

 

Yes it had my full name and address on it. What I was referring to is that you may have left your name on the uploaded image ... Dear Mr ..... Ive got the envelope but theres no postage date on it its one of those Prepaid UKMail express parcels and mail envelopes. AIUI, unless it's sent 1st class (Royal Mail?) it's deemed to have been sent 2nd class, thereby requiring 4 working days after the date of posting for service - therefore the DN would be invalid for the reason that you haven't been given the statutory 14 clear days to remedy but it took 2 days from the date of the letter for it to get to me. Probably irrelevant unless you actually admit/confirm that to the sender (MBNA)

 

Ive read the thread your referred me to. now am wondering weather they can actually damand payment in full when its clear in the letter that they have not termintated the agreement but intend to do so if i dont pay in full by the date given. can they actually demand i pay in full? becuase it sounds like they can only claim the arrears if the agreement hasnt yet been terminated. Sorry I'm not sure on that aspect as there may have been some contractual term to allow that. Of course that's if they can produce an agreement which states that!

 

By the way it was actually an ABBEY credit card not an MBNA one so i assume they either took it over or abbey is part of MBNA at the time of the agreement. I had a couple of MBNA accounts (both now in the hands of Link DCA) which started life as something else. So far no agreements have been forthcoming for either, not even application forms

 

 

Cheers

Rob

 

Hi Robcag

 

So best thing for me to do then will be to write them a letter informing then that their defualt notice is invalid, as since they posted it by UKmail Express parcels and mail, and not by royal mail. then it is deemed to have been sent by 2nd class and therefore requiring 4 working days after the date of posting (which would be the 13th august) til service - therefore the DN would be invalid for the reason that i haven't been given the statutory 14 clear days to remedy. your letter was recieved on the 18th august 2009. Note that the 16th and 17th are not classed as working days. as a result from the date the default notice was recieved and the fact you clearly stated that payment must be made before the date of 29th august 2009, meaning that payment must be made on the 28th at the latest. left me with just 10 days in which to act instead of the statutory 14 days am entitled to.

 

And along with that include a request for the CCA

 

what you think?

[teaboy2]

It may well be, but they should be referring to it as a DN, as per the Act:-

 

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

I wasn't being picky, but, y'know' it's MBNA and they like to come across all officious and threatening.

 

so its also invalid due to them referring to it as a statory notice aswell as default notice along with the postage and 14day thing?

[robcag]

Hi TB

 

Hi Robcag

 

So best thing for me to do then will be to write them a letter informing then that their defualt notice is invalid, NO, DEFINITELY NOT - the last thing you want to do is alert them to that fact. You will be able to use the invalid DN as a defence should they issue a court claim against you. as since they posted it by UKmail Express parcels and mail, and not by royal mail. then it is deemed to have been sent by 2nd class and therefore requiring 4 working days after the date of posting (which would be the 13th august) til service - therefore the DN would be invalid for the reason that i haven't been given the statutory 14 clear days to remedy. your letter was recieved on the 18th august 2009. Note that the 16th and 17th are not classed as working days. as a result from the date the default notice was recieved and the fact you clearly stated that payment must be made before the date of 29th august 2009, meaning that payment must be made on the 28th at the latest. left me with just 10 days in which to act instead of the statutory 14 days am entitled to.

 

And along with that include a request for the CCA

 

what you think?

 

Cheers

Rob

[teaboy2]

ok so i should just hold on to the fact that the default is invalid. and instead just request a cca from them?

[robcag]

Hi TB

 

ok so i should just hold on to the fact that the default is invalid. yes, if you later want to be able to use it to your advantage. Make sure you keep the envelope safe, although you could always later put MBNA to strict proof that 1st class post was used (which they will obviously be unable to do) and instead just request a cca from them? That would be OK, although I'm not sure about the timing. Probably irrelevant, but others may see an advantage in when this is actually done.

 

Don't forget to use a postal order for the £1 fee and don't sign the letter, maybe use a 'script' font for your signature to make it less likely they will start asking for signatures. Use at least recorded delivery, special if you can afford £4.90

 

Cheers

Rob

[teaboy2]

Cheers Rob

 

will do that. will send the request for cca and the postal order middle of next week. so it looks like it just in response to there DN being recieved around the time i send the cca request. will have to get mbna to prove they sent 1st class if it goes to court because the envelope doesnt have their logo on it just ukmails logo.

[teaboy2]

Ok Guys and Girls, heres an update on the situation for you.

 

Firstly though, let me pint out that i decided not to write to them untill i had recieved a letter informing me they had terminated the agreement. Now i never recieved anything from them since the default notice in the OP, so no letetr of termination was recieved.

 

Now yeasterday i had a phone call from a debt collector, who was believe it or not quite friendly and understanding. who infomed me that the debt had been sold to their client in JULY. now if that was the case then MBNA must have terminated the agreement in JULY and therefore have no legal grounds in which to issue the default notice dated the 12th AUGUST in the first place.

 

SO i rang MBNA today and was passed onto their customer assistance department where the kind lady told me it was sold on the 23rd JULY, which confirmed what the debt collector told me yesterday. BUt she said she would need to pass me onto someone else to deal with the issue i had.

 

So next i spoke to some bloke who i assume was from the same department. and he said the debt was sold on the 17th AUGUST now my deadline on the default was the 29th AUGUST. i told him i had been told by both his college and the debt collector who is acting on behalf of the company they sold it too, that it was purchased from you on the 23rd JULY. i then went on to explain that either way the defualt notice is unlawful as you can not issue a default notice if the debt has been sold, as the agrement would have been terminate by MBNA on the date it was sold. And a defualt notice will become unlawful or invalid if the the debt is sold prior to the satutory 14 days in which i am allowed to remedy the situation.

 

SO guys and girls please can you give me your thoughts on this and what advice and suggestions you have as to what i should do next.

 

P.S also no notice of assignment informing me the debt had been sold or purchased has been recieved either.

Edited September 19, 2009 by teaboy2

[42man]

You could possibly write to the original creditor/and possibly CC the DCA stating what you have above....and asking them how they intend to address their unlawful recission of contract, and until they address this issue in writing, you consider the account to be in dispute and in line with CPUTR2008 and the OFT's guidelines they should not contact you unless it is in writing....

[teaboy2]

You could possibly write to the original creditor/and possibly CC the DCA stating what you have above....and asking them how they intend to address their unlawful recission of contract, and until they address this issue in writing, you consider the account to be in dispute and in line with CPUTR2008 and the OFT's guidelines they should not contact you unless it is in writing....

 

 

Thanks 42MAN

 

Will do that and will update the thread when and if i get a response. but please guys and girls keep the advice and suggestions coming.

[teaboy2]

well i wrote to MBNA on the 11th september giving them 14 days in which to write back to me informing me on how they intend to address their unlawful recission of contract. So far ive had no response from them. i will give them till the friday 25th to allow for the time it takes for postage. but if i not recieved a response from them what do you guys think should be my next step?

[vint1954]

If you are 100% sure that they have sold the debt, then CCA the DCA that now owns it. You seem to have lost a month or so on this.

 

Keep your powder dry and don't think that you have to respond to the unlawful rescission at this point.

 

If they do not have an agreement, then they will not be able to go to court.

[teaboy2]

If you are 100% sure that they have sold the debt, then CCA the DCA that now owns it. You seem to have lost a month or so on this.

 

Keep your powder dry and don't think that you have to respond to the unlawful rescission at this point.

 

If they do not have an agreement, then they will not be able to go to court.

 

 

I dont actually have an address for the DCA (i do have a telephone number for them though and a contact name so will use that to get address for any legal action that may follow) as i only spoke with them on the phone which is when they told me the debt was bought by their client in july, which was later confirmed by one of the MBNA staff as being the 23rd of july. So basically MBNA have until end of this week to respond to the letter i sent them as this week is the deadline i gave them to respond runs out.

 

So basically i waiting to see what their response is and how the intend to address the issue, but i did inform them that i they can not reinstate the contract/agreement with out my consent and that i have no intention of giving such consent. that way they can not reinsate the contract in order to issue me a valid default notice which would be the ideal solution for them.

 

i dont believe the DCA will pursue me for the debt given what it old them with regards to the invalid default, so unless they do pursue me then i see no point sending them a CCA request at this time. And am sure the DCA clients wont be happy now that they know the account MBNA sold to them was sold to them unlawfully, meaning they have no legal power to pursue the debt anyway.

 

Will let you all know what their response is and how they intend to resolve this but they dont have much in the way of options to be honest.

Edited September 20, 2009 by teaboy2