MBNA [A+L] sold CCard debt to hillsdens - court claim **Settled by F&F**

[davidoneman]

there is some more terms and conditions i will post up sorry as they just looked general terms thought they didnt matter as could be done at anytime or so i thought .

Edited June 22, 2010 by davidoneman

[cerberusalert]

hi i have a log from mbna on 18/03/09 says default/timescale/sod- does that mean thats when they sent the default ? on my credit file it says i got the default 03/2009 end 31/03/2009. if thats correct in what im saying does that mean they havnt given me 14 days so the default is invalid ?

 

If they logged the default on their system 18-03-09 and then marked your credit file 31-03-09 that's only 13 days + no allowance for postal service so it would be defective yes.

[davidoneman]

posting what i have

[morteee]

very interesting, my alleged debt with DLC is via MBNA and AL and those are totally different T&C's to the ones sent to me (8 months AFTER the "credit agreement/application" was sent lol

[davidoneman]

what year did u take yours out ?

so looking at the paper work does it look like the default was done on the 18th and the default 31st cheers

[morteee]

2000 and account was closed in 2001/02

[davidoneman]

mine was 2005

 

so should i send a letter to mbna requesting a copy of the dn and account termination , then send court claim asking for the 28 days ?

 

any more help ?

[harrassed senior]

Sorry I am unable to offer any help, but this will 'bump' you up to the top of the list.

[davidoneman]

cheers

[Pinky69]

They don't keep copies of Default Notices - they do them on templates. Your defence in court is that you didn't receive a DN and you put them to strict proof of postage that they sent one. You can also state that the amount claimed is inaccurate as there are unlawful charges on the account.

[davidoneman]

cheers for help

Edited June 22, 2010 by davidoneman

[Pinky69]

I am not a lawyer but that is the way I would go. Claims in court must be both lawful and accurate and it isn't accurate with all those charges. As for the DN, it is for them to prove they sent one.

[davidoneman]

i appriciate any help , regarding the default if i wasnt given 14 days what can be done about it , does that make the agreement unlawful

[cerberusalert]

If they terminated the agreement before the time allowed to remedy the default they have unlawfully rescinded the contract.

[davidoneman]

cheers

Edited June 22, 2010 by davidoneman

[cerberusalert]

I've asked someone to look in when they come back on line. If you don't hear anything by later today hit the red triangle on the left of your post and one of the site team will look in.

[Pinky69]

I didn't go down the rescission route because the poster has not written to accept the repudiation of contract. In my view the charges alone will make the claim invalid.

[diddydicky]

i cant see where a dn sent 18/3 expires on 31/3b but i CAN see one sent on 10/4/09 which xpires on 24/4/09 (the line above that which is highlighted)

 

did you receive a notice of assignment- if so was it sent recorded or signed for- if not then there is no proof that you have been notified of the assignment

 

 

i wouldnt be too ready to admit that i never received a dn for if i did- then how could i ever argue as to what was in it?

 

accepting an unlawful repudiation in writing is merely belt and braces- there is nothing in contract law to suggest that this is essential- the behaviour of the performing party can be equally indicative of his having accepted the unlawful repudiation

 

 

what date does it say the dn was dated in the POC

[davidoneman]

hi ile post the court letter up

Edited June 22, 2010 by davidoneman

[diddydicky]

what an absolute joke

 

may i suggest you pm PT with this as i am sure he will give you a very robust response to it to serve on the creditors

 

it has to be the WORST POC i have ever seen

[Helios]

What a set of idiots

 

read PT's thread on if you being sued

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[diddydicky]

you may be comforted to know that (IMO) this has to be the worst POC ever seen on CAG

 

i have alerted the site team and i think you will be advised to demand better particulars of claim or even an immediate strike out application to the court

[Helios]

*waves to guests*

[davidoneman]

cheers ive just had aloom but pt says not to pm as he can no longer help.

 

ive not had any letters what ive had to sign for

[Pinky69]

This claim won't go anywhere for other reasons but the law on rescission is not just "belt and braces". One party or the other must repudiate the contract. See Invalid Default Notices thread about poster who lost a case because he hadn't repudiated the contract.