Help with MBNA CCA, please. - ***WRITTEN OFF***

[Laura Cooke]

[Laura Cooke]

[Laura Cooke]

[Laura Cooke]

[diddydicky]

 

this seems to show the DN being issued and then the amount being charged off the account, your having failed to comply with the DN

 

it was then either assigned- or the balance moved to a delinquent account or some similar system

 

i would want to know what the scrubbed out bits were

 

perhaps they assigned it and then it was sent back to them- clearly something they dont want you to see

[diddydicky]

 

if it is not easily legible then it does not comply with s78 and they remain in default

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561)/2

2

(1) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

76(1) of the Act (which relates to the duty to give notice to the debtor or hirer (non-default cases) before taking certain

action t o enforce a term of an agreement) shall contain--

(a) a statement that the notice is served under section 76(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 5 of Schedule 1 to these Regulations; and

© statements in the form specified in paragraphs 6 to 8 of that Schedule.

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section

88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

© statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.

(3) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

98(1) of the Act (which relates to the duty to give notice to the debtor or hirer (non-default cases) of termination of an

agreement) shall contain--

(a) a statement that the notice is served under section 98(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 5 of Schedule 3 to these Regulations; and

Page 1 of 10

© statements in the form specified in paragraphs 6 to 8 of that Schedule.

(4) The lettering in any notice given under paragraph (1), (2) or (3) above shall, apart from any signature, be easily

legible and of a colour which is readily distinguishable from the colour of the paper.

[(4A) Any notice to be given under a provision of these Regulations shall be in writing and given to the debtor or hirer

in paper form.]

(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in

the notice, then apart from any heading to the notice, trade names or names of parties to the agreement--

(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or

bold print or otherwise) than any other lettering in the notice; and

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these

Regulations, they shall be afforded yet more prominence.

[Laura Cooke]

I scrubbed the above out lol can show them unscrubbed but can`t see it refers to much they sent me a letter about a month ago stating they may sell it to a vendor shortly due to it being a defaulted account

[diddydicky]

always best to let others have a butchers- just in case you missed something

[Laura Cooke]

this seems to show the DN being issued and then the amount being charged off the account, your having failed to comply with the DN

 

 

So MBNA call their DN`s NOD? so NOD can mean DN some say it can`t but my comms log clearly show that`s what they calling mine

[Laura Cooke]

Do I respond to the DC the DN which MBNA calls NOD on the comms log was a day short the application/credit card agreement isn`t readable

Edited March 7, 2010 by Laura Cooke

[diddydicky]

did that letter from experto credite have to be signed for or was it registered mail?

[Laura Cooke]

deleted

Edited March 7, 2010 by Laura Cooke

[diddydicky]

you have mail

[Laura Cooke]

DD PM u mean? nothing there

[diddydicky]

you have now

[Laura Cooke]

Thanks DD as always your a star:)

[Laura Cooke]

How do you know if all the paper work is there? it had a comms log page for each account with a line deleted I have wrote to query this

 

Had The acknowledgement of Service back today saying MBNA will defend all of the claim

 

Surely one can put a wasted costs in when they waited till I filed N1 before they sent items?

 

A few years ago the bank did this for bank charges I was able to put a wasted costs in but can remember very little about when and how I made this wasted costs

 

Didn`t pay any Court fees on benefits

 

 

"Concerning the deleted items "blacked out" are due to a Statistical nature and used solely for management forecasting which in accordance with Data Protection Act 1998 we are able to remove for the purpose of management forecasting or that is likely to prejudice the conduct of our business"

 

Envelope postage paid 36p

[Laura Cooke]

Hubbies CCA is not legible, the DN listed on comms log as NOD was a day short received nothing to say debt sold onto Experto Credite had one letter off them now another should I respond to them? they are requesting a regular monthly payment or a settlement how do I respond when they have nothing to force the debt?

Edited March 15, 2010 by Laura Cooke

[Laura Cooke]

bump

[Laura Cooke]

Had this come for hubbies other account amazed where it says "As you have chosen to avoid comminicating with us" never heard of them till this letter

[diddydicky]

dear sirs

 

I refer to your letter of XXXXXXX and note that you allegedly act on behalf of MBNA

 

i note that you refer to my having "chosen to avoid communicating with you"

 

given that i have never heard of you before and that my physcic abilities are virtually non existant, it would indeed have been difficult for me to have done so (contacted you before now).

 

I have not been advised by MBNA that you act for them, nor have you enclosed any evidence of that fact

 

I do not like the tone of your letter. kindly do not contact me again unless and until:-

 

a/ MBNA confirm that you act on their behalf and

 

b/ You make an assumption that i am not devoid of intelligence and common sense and the tone and manner of your communication reflects that observation

 

Y F

[Laura Cooke]

Thanks DD your a star and both DN`s were dodgy could you suggest a similar response to post 185 for the other MBNA account please:)

[diddydicky]

Thanks DD your a star and both DN`s were dodgy could you suggest a similar response to post 185 for the other MBNA account please:)

 

second thoughts- i#ll pm you the answer to that one

[Laura Cooke]

Received another letter from MBNA - we are investigating your complaint. Proves my theory, DCR&I are the same bunch of muppets

 

"Got the above off another thread they say this is in house at MBNA?

[GeoffreyAlby]

Laura,

 

Heres a thread with details about them being part of MBNA

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/213712-debt-clear-recoveries-proof.html