MBNA offering Partial Settlement After CCA failures.

[Basil Fawlty]

its UKMail, but there is no date printed there.

Yes, I think its invalid too, but just wanted confirmation from one or two others. I suppose my next step is do nothing until they terminate, which they state they will do.

thanks for the reply

 

BF

[Bazooka Boo]

Receiving it today, the 9th, means only 12 days.

 

If you only received it today giving you only 12 days to rectify the default, then it will be invalid.

14 days are required, so yes I would agree, wait and see if they terminate.

[mkb]

UK Mails website states that their mail is delivered in 3 working days so is 2nd class & invalidates the DN - happy days

[Basil Fawlty]

Thankyou very much guys!

 

I will be going to bed a very happy man tonight!

 

cheers

 

BF

[teaboy2]

law states that any other postage other then royal mail 1st class is deemed to be 2nd class which requires 4 working days after the date of postage before it can be deemed as served.

 

Yeah it defiantly invalid. It wasn't MBNA was it?

 

so wait for them to terminate and then send them a letter confirming that you accept their unlawful termination of your agreement/contract and on the back of an invalid default notice. also that you denie them your permission to reinstate the agreement, as in order to reissue a valid default notice to correct their mistake they need to reinstate the agreement which they can not do without your consent.

[Capricorn1601]

Hi there.

 

Your DN wouldnt be from MBNA would it? I received one too yesterday, dated 4th, received 9th asking unfortunately for arrears, and given until 21st to remedy when they have promised they will terminate (hurray!!!). My envelope is UK Mail with the S in the top corner, I am taking this as second class post and also calculate that I have legally until 24th.

[teaboy2]

one i got was dated 12/08/09 received 18/08/09 and gave me to the date before the 29/08/09 so invlaid for that reason and also invalid cos the idiots went and sold the debt on the the 17/08/09 the day before i recieved the DN, effectively terminated the agreement when they sold it, so unlawful termination lol. Oh and the twits registered the default on my credit file on the 31st july 09, thought they couldnt do that till after a valid notice was issued and the 14 days had elapsed.

 

Oh and yes the S is second class but it would matter if it was first class as law states only royal mail 1st class is deemed 1st class and any other mailing firm is deemed as 2nd class regardless

[Basil Fawlty]

Cheers guys, there are some very stupid companies around obviously!

 

Can someone tell me, is it cut and dried when a DN is invalid due to the date mix up, or is it possible that a non-clued up judge can ignore this?

 

BF

[Bazooka Boo]

No Idea, your going to be our guineapig!

 

No there are set guidelines that have to be strictly adhered to in order for the DN and any further action to be taken.

 

But I'm sure you'll be able to tell us otherwise;)

 

Boo:p

[Basil Fawlty]

Mmmm, it all worries me

 

As you can probably tell, I'm pretty new to this.

Btw, also with this card, I requested the CCA months ago and havent

received anything since, not even t&cs, so I suppose I've got them on

two counts so far.

I will certainly keep people informed of my experiences.

 

BF

[hungrybear]

only if you combine him with a non clued up defendant.

 

and for the delivery saturday and sunday dont count in the four days. produced Friday, means deemed posted on Monday, so today is the day it should have arrived anyway. Always nice to have had a friend with you though when you got home and the letter was on the door mat;).

 

Now keep quite about the DN until they terminate/take you to court. Technically they cannot re-issue but it gets a damn site more complicated in court if they do

[teaboy2]

Once they have terminated the account on the back off a invalid default notice then they can not enforce the debt in court, as they will be acting unlawfully. So if they do try taking you to court, your simple defence will be invalid default notice and unlawful termination of agreement/contract as a result of invalid default notice. Faliure to Comply with your CCA request too.

 

Then counter claim for damages for unlawful termination of agreement. As case law states they are liable to pay you damages of upto £1,000 plus your court costs.

[Basil Fawlty]

This place is really brilliant.

Some fantastic replies above, and they make me much more confident.

 

Thankyou all very much

 

BF

[Josie8]

one i got was dated 12/08/09 received 18/08/09 and gave me to the date before the 29/08/09 so invlaid for that reason and also invalid cos the idiots went and sold the debt on the the 17/08/09 the day before i recieved the DN, effectively terminated the agreement when they sold it, so unlawful termination lol. Oh and the twits registered the default on my credit file on the 31st july 09, thought they couldnt do that till after a valid notice was issued and the 14 days had elapsed.

 

Oh and yes the S is second class but it would matter if it was first class as law states only royal mail 1st class is deemed 1st class and any other mailing firm is deemed as 2nd class regardless

 

 

Where does it state that?

[teaboy2]

hi josie what part of the my previous post were you referring to? was about the Default or about the postage?

[Josie8]

hi josie what part of the my previous post were you referring to? was about the Default or about the postage?

 

 

the postage

[teaboy2]

the postage

 

here you go Joise8

 

1. Interpretation Act 1978, Section 7

 

This states:-

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

 

The part about royal mail was mention somewhere else on the forums but i can find it, when i do ill let you know

[mkb]

Thanks Hungrybear. The OC was xxxxxxx but they have since sold the account to a DCA. The DN was dated 9th January 2008 and gave me until 26th January 2008.

 

 

9th Jan 2008 was a Wed so allowing 4 days for postage would be deemed served on Tues 15th, 14 clear days is 29th so the only way this could ever be valid would be if 1st class was used.

 

 

Please could this thread be left for Basil Fawlty seeing as it is actually his?

Edited December 11, 2009 by mkb

[Basil Fawlty]

Thanks very much for saying that mkb, but I'm more than happy to read other peoples experiences with DN's.... I'm hoping to learn as much as I can about them.

As for me, I'm taking the advice I've been given on here and waiting for them to terminate, so I'll have nothing much to say until then.

If, and when they do, I shall be asking advice on my next move.

 

cheers

 

BF

[Honeypot]

Subbing with interest

[Capricorn1601]

Hi Basil

 

Any news on the DN/Termination front? I was half expecting a termination letter and some bombardment from a DCA over christmas, but it appears they just cant get the staff!!!

[Basil Fawlty]

Hi Basil

 

Any news on the DN/Termination front? I was half expecting a termination letter and some bombardment from a DCA over christmas, but it appears they just cant get the staff!!!

 

 

Absolutely nothing. No mail, no telephone calls since before Christmas. I can only guess they are dissecting the Manchester cases as we are.

 

The date I was given to send them money was 21st December, so I'm expecting a termination letter anytime now.

 

BF

[teaboy2]

knowing them ******s they probably think the manchester ruling will apply to your Invalid DN, it be another 6 months before they realise it only applies to the CCA

[Capricorn1601]

hi Basil, my dates were identical to yours.

 

Teaboy? what do you mean about the Manchester case etc?

[teaboy2]

hi Basil, my dates were identical to yours.

 

Teaboy? what do you mean about the Manchester case etc?

 

Well basicly their was a case in manchester the over week that alot of cases between debtors and creditors were put on hold for while waiting the final outcome.

 

Alot are still trying to get their heads round it but their s a few posts regarding the case on the site. heres a link to just one of the post. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html

 

Personally from what i can make out myself it wont effect you if the DCA take you to court, but if you take them to court it basically now thanks to that one person legal team a whole lot harder. its basically to do with weather the creditor is required to have a copy of the exact original off the CCA that includes your signiture.

 

But to be honest am just waiting for someone to actually make a proper and clear post as to what the judge actually means for everyone.