Default Notice received from MBNA

[vint1954]

Hi rainbow,

 

All you can realy do is go back to them, reminding them that the account is in dispute and mention MBNA's unlawful rescission.

 

Vint

[rainbow moon]

Thanks Vint I will - is ther a template letter for unlawful recission? I haven't had to use that yet and don't want to get the details wrong

Thanks Rainbow x

[vint1954]

Well, this is the kind of letter that you should have sent to the OC, once they have terminated the agreement by demanding the ballance in full, following a defective default notice. You may have sent this at the time, perhaps they have lost it?

 

There is no template for responding to individual letters, but I would just refer to the ongoing dispute and the unlawful rescission.

 

Dear xxxxxxxxxxxxx,

 

Re account no xxxxxxxxxxxxxxxxUnlawful Rescission.

 

I refer to your Default Notice dated xxxxxxxx, received by me on xxxxxxxxxx and your subsequent letter terminating the agreement by demanding the balance in full, dated xxxxxxxxxx, received xxxxxxxx, in which you confirm that you had in fact terminated the above agreement by demanding the balance in full. I would add that these actions were taken by you, while the account was in serious dispute, owing to your failure to respond to my request under s78 of the CCA 1974.

 

The default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect. Your actions resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. These actions by you, have resulted in you unlawfully rescinding the alleged agreement.

 

I accept your unlawful rescission of the agreement and I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

 

Yours

[vint1954]

I would just respond saying:

 

I was somewhat bemused to receive your letter dated xxxxxxxxxxxxx.

 

In previous communications with the original creditor and Experto xxxxxx, I have laid out that this account is in serious dispute.

 

I would also refer you to my letter dated xxxxxxxxxx, to xxxxxxxxxOC, accepting their unlawful rescission of the above agreement number.

 

I await xxxxxxxxxOC's response, detailing the true arrears at the time of termination, against which I will be claiming damages.

 

I suggest that you contact the Original Creditor and Experto xxxxxxxxxxxx, as the sale of an unlawfully rescinded agreement, should obviously not have taken place.

[rainbow moon]

Vint you are a star, Thank you so much Rainbow x

[vint1954]

Vint you are a star, Thank you so much Rainbow x

You obviously remember sending the UR letter before then. Sorry to repeat myself:wink: