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MBNA/Reston threating court action


jason_mnm
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Looks good after a quick read.

 

Anything you may want to add can always be added if they produce the documents at some point in the future.

 

If your happy, file it and wait for the next step.

 

The advice you have had has been excellent so go with it stay confident!

 

Good luck!

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HI Vint Is termination notice is default notice? If so I thought default notice comes under section 87 (1) .. Plz let me know what u think..

No, the termination notice is a separate document.

 

DN does come under s87-88.

 

********************************

 

76.—(1) The creditor or owner is not entitled to enforce a term of a regulated

agreement by—

(a) demanding earlier payment of any sum, or

(b) recovering possession of any goods or land, or

© treating any right conferred on the debtor or hirer by the agreement as

terminated, restricted or deferred,

except by or after giving the debtor or hirer not less than seven days' notice of his

intention to do so.

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Jason, did you get it all sorted.. I am sorry I lost internet connection on Friday evening and am only just back online . :(

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well, it depends what you want to spend,

 

Goode Consumer Credit law and practice is about £1,000

 

there is a good reference book on the Law of Consumer Credit and Hire written by Fred Phillpott and Bradley Say and Stephen Neville of Gough Square Chambers

 

there are absolutley thousands of judgments in Consumer Credit law so you will be reading for the next 20 years

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Lol.. thousands !!!!!!! I meant case laws regarding credit card debts only,such as like our cases..

 

PT u might be loaded with case laws. I wish I had studied law like u, then I won't been this situation..

Edited by jason_mnm
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Jason, I have flagged your question re Tomlin order for the site team.:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Got acknowledgment from Court today for my ED....

 

Good.

 

As requested, I have "hidden" your ED until after the court case:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Jason why have you hidden your ED?

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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I remember once I was reading Newspaper about an year ago where ' a consumer won in Court case cause bank failed to take reasonable care and duty to check his credit worthiness.

 

The person was given several cards and he was taken to court cause he was not able to pay. The Judge said It was the bank's duty to check if the person would be able to pay. The judge said bank failed in their reasonbale care and duty. The judge also said bank had enough resources to check the person's ability to pay them back.

 

Cause they gave him cards without checking his ability, he was given the judgement in his favour.

 

I wish I would have taken the Case name and could use it now..

 

Does anybody know this case plz?

Edited by jason_mnm
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I remember once I was reading Newspaper about an year ago where ' a consumer won in Court case cause bank failed to take reasonable care and duty to check his credit worthiness.

 

The person was given several cards and he was taken to court cause he was not able to pay. The Judge said It was the bank's duty to check if the person would be able to pay. The judge said bank failed in their reasonbale care and duty. The judge also said bank had enough resources to check the person's ability to pay them back.

 

Cause they gave him cards without checking his ability, he was given the judgement in his favour.

 

I wish I would have taken the Case name and could use it now..

 

Does anybody know this case plz?

MBNA –v- Thorius (in the Newcastle-upon-Tyne County Court, September 2009)

 

Case Law Update - Rosling King Blog Archive Banking Update: September 2009

 

Hope this is the one your looking for.

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