MBNA CCA - Is it legal?

[nks22]

Im on the lookout for the unlawful recession letter template, ill let you know if I come accross it.

This from diddydicky:

you dont have to explain why

 

even a simple

 

"You have unlawfully repudiated the agreement and i accept your unlawful repudiation"

 

will do

 

you are a layman and that is sufficient

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-49.html#post2714954

[haggis1984]

ahh it was ddicky - I pmd the wrong person lol.

 

Thanks for that nks22

[BornAgainBiker]

i'm following this thread with much interest, thanks nks22 for starting it. Although i did notice your early frustration when making your first posts, it seems to be ganing some welcome momentum now.

 

AMAZING my MBNA letter is exactly as yours, and the follow-up letter too.

 

the only differnce in my case is that MBNA did not provide any agreement terms or contract. however, i am a bit concerned that it may be because i put the reference s77(1) instead of s78. however, when i sent my dn, i did put the correct ref. any views on this?

 

out of interest, my letters came delivered Royal mail with a ukmail frank but with no date. i understand from another cagger that this is second class business mail, not 1st, making the dn out of time. i was also advised to keep my envelope and write on it the date received in case it is needed in court.

 

anyone got any views, thanks. BAB

[vint1954]

Ukmail is second class. There will be a small s in the top right hand corner of the envelope. In fact any mail other than Royal Mail is deemed second class. Mark your letter received xxx, which is 4 days after posting, so for the 11th it probably arrived on the 15th. Keep the envelope safe.

[nks22]

i was also advised to keep my envelope and write on it the date received in case it is needed in court.

 

Good advice, although if they're like mine - the termination letter dated eight days after the DN - it won't be an issue.

 

the only differnce in my case is that MBNA did not provide any agreement terms or contract. however, i am a bit concerned that it may be because i put the reference s77(1) instead of s78. however, when i sent my dn, i did put the correct ref. any views on this?

I don't think that would justify them not responding. I'd just send the follow-up 'in dispute' letter.

[Old Cogger]

Good advice, although if they're like mine - the termination letter dated eight days after the DN - it won't be an issue.

 

I don't think that would justify them not responding. I'd just send the follow-up 'in dispute' letter.

 

 

Should not worry doubt if MBNA can tell the difference between numbers i.e. 77/78 as if they read them come on doubt it.

[BornAgainBiker]

thanks Vint.

 

so, we all got dodgy or no agreements. we all got dodgy dn's. plus, we all got illegal terminations.

 

whats next, do we start action ourselves or wait for the debt purchasor when he realises were not paying?

 

any ideas?

[vint1954]

thanks Vint.

 

so, we all got dodgy or no agreements. we all got dodgy dn's. plus, we all got illegal terminations.

 

whats next, do we start action ourselves or wait for the debt purchasor when he realises were not paying?

 

any ideas?

No, starting action yourself is frought with danger. As the claimant, you need to prove your case. Best option by far is to defend an action, when the claimant has to prove their case.

[nks22]

My current understanding - and I'm happy to be corrected - is that the letter (above #20) confirming sale isn't yet termination and that there will be a formal Notice of Assignment to come. Hopefully that will share the same incorrect date. If so, at that point it's necessary to accept the 'unlawful recission'.

 

???

[haggis1984]

My current understanding - and I'm happy to be corrected - is that the letter (above #20) confirming sale isn't yet termination and that there will be a formal Notice of Assignment to come. Hopefully that will share the same incorrect date. If so, at that point it's necessary to accept the 'unlawful recission'.

 

???

 

Im unsure on this too - im thinking that selling the account to a DCA before the date on the DN is unlawful termination?

 

What do u think vint?

[nks22]

Just when I think things are looking clearer something else turns up to re-confuse me!

[nks22]

Legal technicalities aside, it seems to me that if someone tells you to "pay us £x by this date or else you'll have to give us £xx" but then before that date says they've sold the debt to someone else, as a layman it's reasonable to believe that you're prevented from complying with their original deadline.

[vint1954]

Im unsure on this too - im thinking that selling the account to a DCA before the date on the DN is unlawful termination?

 

What do u think vint?

Yes, if the assignment is absolute and not equtable, then it would be unlawful termnation.

 

You need to ask them what kind of assignment this was and where is my assignment notice.

[vint1954]

Legal technicalities aside, it seems to me that if someone tells you to "pay us £x by this date or else you'll have to give us £xx" but then before that date says they've sold the debt to someone else, as a layman it's reasonable to believe that you're prevented from complying with their original deadline.

Correct, depending on the type of assignment

[BornAgainBiker]

can anyone tell me if i can bring a bank overdraft to an unenforcable position in the same way as a card?

 

if so, what procedure might i follow?

thanks BAB

[nks22]

Correct, depending on the type of assignment

 

As a layman, though, can I be expected to know about such things? The acid test must be, can I still remedy the breach by complying with the DN and so retain my rights under the original agreement, i.e. to revolving credit, or has the sale of my debt removed that option prematurely?

[BornAgainBiker]

the wording of the letter in #26 of this thread says

 

"your outstanding balance due under the above account has been sold to direct legal DTL"

 

if an account is 'sold', it would then become the property of the purchasor ie the new owner. surely then, this make the transfer absolute rather than equitable. or am i missing something?

[nks22]

if an account is 'sold', it would then become the property of the purchasor ie the new owner. surely then, this make the transfer absolute rather than equitable. or am i missing something?

 

You'd think so. It's always best to have written proof, though, and I await my first contact from Direct Legal with interest.

 

can anyone tell me if i can bring a bank overdraft to an unenforcable position in the same way as a card?

 

I'd imagine you start with a request for a copy of the original agreement but you'll probably get better advice if you ask in the folder for the relevant bank.

[BornAgainBiker]

thanks nks22. did you send a letter accepting the unlawful repudiation of the MBNA account, is it necessary?

[nks22]

Not yet. As I said, I'm awaiting the next contact. It will be necessary but do I send it to MBNA or Direct Legal?

[haggis1984]

Ive sent one of them off already nks22 - to MBNA and copied to DCA. Also CCAd the DCA - no harm in seeing what they produce.

[vint1954]

Not yet. As I said, I'm awaiting the next contact. It will be necessary but do I send it to MBNA or Direct Legal?

You will need to send it to MBNA, at the point of termination. The assignment of the account, letter of termination or requesting the ballance in full are all terminations. They show their intention not to continue with the contract.

 

If your DN is faulty and any of the above terminations has happened, send the Letter to MBNA, head office address not the miriad of PO box numbers that they use.

[BornAgainBiker]

You will need to send it to MBNA, at the point of termination. The assignment of the account, letter of termination or requesting the ballance in full are all terminations. They show their intention not to continue with the contract.

 

If your DN is faulty and any of the above terminations has happened, send the Letter to MBNA, head office address not the miriad of PO box numbers that they use.

 

 

thanks Vint. would you say the letter detailed on #26 is an assignment/termination or just an advisory letter following which we should await an assignment/termination letter. ?

[vint1954]

thanks Vint. would you say the letter detailed on #26 is an assignment/termination or just an advisory letter following which we should await an assignment/termination letter. ?

As an ordinary person, you can take that as termination, indeed you will have received a letter after the DN asking for the full ballance.

[vint1954]

Not yet. As I said, I'm awaiting the next contact. It will be necessary but do I send it to MBNA or Direct Legal?

This is what your letter will look like, when you send it on the 29th January.

 

MBNA Europe Bank Limited

P.O. Box 30

Chester Business Park

Wrexham Road

Chester

CH4 9FD

 

29th January 2010.

 

Dear Sir/Madam

 

Re account no xxxxxxxxxxxxxxxxxx Unlawful Rescission.

 

With reference to the alleged debt to your company, I refer to your Default Notice dated 11th January 2010, posted second class and received by me on 15th January 2010, and your subsequent actions confirming your previous written intentions to terminate the agreement and additionally disposing of the account to a third party, prior to the rectification date.

 

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974, your actions have resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. Your recent actions have lead to you unlawfully rescinding the agreement.

 

I accept your unlawful rescission of the agreement 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

 

I look forward to hearing from you.

 

Yours faithfully

Edited January 28, 2010 by vint1954