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biggeorge

MBNA been a real pain to family member

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Family member finally came forward and asked me for help with some problems they are having

with MBNA.

 

Story is:

 

Recently got refund of £813 for charges, mbna admitted nothing but took the refund off the balance and not the arrears and remainder to customer.

Now been phoning every day for arrears which is now mounting up with charges been added all the time.

 

Got some paperwork off them and found a CCA reply with a CCA attached.

 

It looks fine but after reading over some gaffs that they do, I have spotted one on the terms at the back page, no condition 14.1. (does this help make it unenforceable)

Also no notice informing terms on the back of the application form.

 

Can't post any pics up as someone has marked all over signatures,numbers etc.. and I know we have spies in here.

 

Looking for a mod to pm me and I can send some links to the pictures, all id data has been removed.

 

The marks are very strange to me and I suspect " they are watching us" and don't want to give anything way.

 

George

 

P.S

 

Since MBNA didn't actually pay out the charges refund can they be claimed for again but this time with compound interest and hit them hard.

 

Any advice gratefully received.

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Edited some of the pictures and have now received a default notice.

 

CCA Front page

[/url]http://www.karlshardware.co.uk/mbna/ccafrontstrange.jpg

 

CCA Back Page

http://www.karlshardware.co.uk/mbna/ccaback.jpg

 

No mention of the terms & conditions been on the back of the CCA and no term 14.1 anywhere on the CCA or

the agreement pages below.

 

Agreement / 4 pages

 

http://www.karlshardware.co.uk/mbna/agreement 1.jpg

http://www.karlshardware.co.uk/mbna/agreement2.jpg

http://www.karlshardware.co.uk/mbna/agreement3.jpg

http://www.karlshardware.co.uk/mbna/agreement4.jpg

 

 

Now also a default notice:

 

http://www.karlshardware.co.uk/mbna/default.jpg

 

Any help /advice on next step to take will be gratefully received

 

 

Regards

 

George

Edited by biggeorge
link wrong

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Any signatures on the application form Big George? The agreement looks very like the one they sent me and had to discontinue in court. Is the application form shown on the link?

 

Default Notice looks short of time to remedy i.e. they haven't allowed for postage and only working days are counted not weekends.

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For what ever reason my link to the CCA is showing capital MBNA in the link, lower case works fine.

Will up a version to my hosting so links will work correctly.

 

Yes there was a signature on the CCA and a stamp 1997, its an old account.

 

George

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Hi there. I recieved an identical default notice to the one you have recieved (except personal details and amounts obviously) The dates are exactly the same on mine and I was wondering if the dates are acceptable or is Miss Muppet correct when she says there isnt enough time, making it invalid? I thought it was a total of 17 days from the date on the letter generally which I thought would be 9th plus 17 days = 26th meaning they had done it correctly. I would love someone to confirm its too short though :)

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Hi have been looking through loads of post regarding Default Notices and still no closer to finding the answer.

 

The Default Notice should give 14 clear days, does this include weekends or not?

 

The Default I posts up was dated 9th and remedy by 26th - Total 17 days

Take 2 days for service and there is 15 clear days unless weekends are not counted.

 

Anyone have a definite answer?

 

If the Notice is fine on time allowed then since the arrears owing also includes charges would that make

it invalid?

 

George

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