Arrow/reston claimform - old MBNA card 'debt'

[MisterV]

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?

[foolishgirl]

 

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.

[MBNASlayer(1)]

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.

[vint1954]

the 2% is interest and principle. Bet that figure does not even cover interest now.

[MBNASlayer(1)]

How does that work then Vint if the 2% does not even cover the interest?

[foolishgirl]

It means your debt keeps getting bigger MSlayer!

[vint1954]

It means your debt keeps getting bigger MSlayer!

Exactly. Not sure if that is acceptable business practice though.

[MBNASlayer(1)]

It just shows, in my humble opinion, that there is an unfair relationship between MBNA and its customers.

[MBNASlayer(1)]

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

[MAGDA]

Hi MBNAslayer, I would do a SAR, it won't do any harm - as they have now issued a Default Notice you might be as well to get one off.

 

regards, Magda

[Dotty50]

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?

[MBNASlayer(1)]

They are just asking for the o/s balance.

 

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

[Dotty50]

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

[MBNASlayer(1)]

Thanks Dotty.

 

I have not had the chance to look through in detail but I will take time out tonight to fully understand the points raised.

 

Thanks again

[dx100uk]

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

[MBNASlayer(1)]

Thanks DX,

 

So my DN looks faulty, right?

[dx100uk]

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

[MBNASlayer(1)]

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

[dx100uk]

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

[MBNASlayer(1)]

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

[supasnooper]

Here's some advice i posted on another thread.

 

It maybe worth a peek at this about UKMail's services

 

 

http://www.ukmail.biz/assets/UKMGuide2.pdf-

 

and a look at this post together with a read of the whole thread -

 

 

 

http://www.consumeractiongroup.co.uk...t-2613777.html

[MBNASlayer(1)]

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?

[Dotty50]

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?

[MBNASlayer(1)]

I sent the account in dispute letter at the begining of the process when I requested the CCA.

 

Should I send another based on an unenforcible CCA?

[Dotty50]

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.