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    • 25/05/2024? That the deadline or the date of the claimform?
    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
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Arrow/reston claimform - old MBNA card 'debt'


MBNASlayer(1)
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Thank you, so basically modify my F&F letter to them (which resulted in them sending me the Tomlin order) stating all the points regarding costs etc and that this is my final offer.

 

Presumably they cannot ignore this and go for summary judgement?

What are your thoughts regarding the enforceability of my CCA?

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Presumably they cannot ignore this and go for summary judgement?

 

Yes, they could but you would be notified & have the opportunity to object.

What are your thoughts regarding the enforceability of my CCA?

 

See Post 80

 

MisterV - could you now keep this to your own thread please?

You have experienced CAGers helping you there & to start off on this one is not only hijacking MBNASlayer's issues but may confuse those who have posted on your own thread.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I am now sending off a SAR request to MBNA to see if the details they sent under my S78 request are the same. Also noticed that the original T&C stated the minimum payment is 2% of the balance. Is this with the interest included?

 

Even if it does or does not include the interest they have not been charging me 2% of the balance. Hopefully the SAR will tell me if this has always been the case.

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It means your debt keeps getting bigger MSlayer! :mad:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 4 months later...

Hi everyone.

 

I have been a bit quiet over the last few months as I had had no calls or letters from MBNA.

 

Yesterday in the post I received the letter that you can view below.

 

My question is what is my next step? Should I wait for the default and the SAR or should I SAR now?

 

Any words of wisdom would be most appreciated. I had kind of forgotten about MBNA until yesterday and I am now getting worried again as it is getting serious :(

 

NOD.pdf

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Yes I would do SAR at this point, it could be important for you.

 

Both of mine were sold before the expiry of the DN's which were just out on dates.

 

I have accepted their unlawful rescission and they deny that they have done this but the SAR proves otherwise.

 

Are they demanding the balance or the arrears?

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http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html?highlight=invalid+default+notices

 

Its a long thread but you will find lots of info there.

 

I believe it to be 14 calendar days, some say the first day is on service others say it starts the day after service.

 

So you have the same figures quoted on the letter for the amount to remedy by and the balance? If they are both the same that's another fault

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They are just asking for the o/s balance.

 

Do they have to give 14+2 working days or just days?

 

a dn should be 2 working day s for 1st

 

or

 

4 working days for 2nd class mail

 

then 14 calendar days from that

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dunno ... what postage was it sent by?

 

use the info i gave to work it out.

 

the rest of it looks ok

 

they are only after the arrearss which is correct.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They sent it by UK Mail. I know someone in direct marketing who says that UK Mail is considered a 2nd class postal service.

 

so that that then works out to what date?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well it the other thread it says with 2nd class allow 4 working days to arrive. The letter was dated 4th June so 4 working days would be 10th June. 14 days after that would be 24th June. However if it is 14 working days after that it would be 30th June.

 

Either way they asked for the o/s balance by 22nd June. So it is faulty :)

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Thanks for your help guys.

 

In view of the faulty DN (2 days sort of 4+14 days) and an application form with unrelated prescribed terms on the back, should I write to MBNA advising them that due to this issues it is unenforcible? I was thinking of saying that they should write off this amount and remove negative comments from my credit file.

 

Does anyone think this is worthwhile at this stage?

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They will not just walk away, even if the debt is unenforceable they will continue to threaten you will all sorts and hope that this will scare you into paying.

 

They will probably sell this debt on now, if they haven't already done so.

 

Have you sent SAR? This will give you the information need and if it is terminated on the back off an invalid DN then this is unlawful rescission at which point you will only be liable for the arrears to date (excluding unlawful charges).

 

Have you sent the account in dispute letter?

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No only 1 is needed.

 

SAR is what I would advise now, it will cost you £10 and they have 40 days to send all the information they hold, make a point of asking for the comms log (communication) this should show when they sold the account on.

 

BTW just because it may be unenforceable, doesn't mean the debt goes away, just that they can't take you to court for it.

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