Premature termination vs Enforcement

[rleon]

I have an ongoing claim on a card formerly with MBNA, now with one of their DCAs. (I'm deliberately not giving details at this point.)

 

I have original correspondence from MBNA, including an invalid default notice with the usual mistakes:

 

1. The wrong broken term on the agreement.

2. Period of less than 14 days from service for remedy.

3. No statement of arrears, only a demand for full repayment.

 

Also as usual, MBNA sold the debt to a DCA before the end of the remedy period. I have a letter of sale from MBNA, a copy of the comms log from a SAR, and a letter of assignment from the DCA.

 

As usual again, the date on the letter of sale is seven days before the date of the notice of assignment. The notice of assignment is dated to match the final day of the remedy period.

 

I believe the agreement is unenforceable for other reasons I won't state here, in addition to the usual reconstructed Ts & Cs. So I'm fairly sure my defence is strong.

 

But I still have questions before I file my defence.

 

1. On what basis does a demand for a full repayment count as early termination/rescission? Is this because it implies the creditor no longer accepts that I have the right to pay arrears and bring the account up to date? Can anyone point me at the legislation that applies?

 

2. If I send a letter acknowledging unlawful rescission to MBNA does that leave me liable for outstanding arrears (even if they are limited to lawful arrears - i.e. no punitive late payment fees and interest on same.) Again, what legislation applies to this?

 

3. If the claim is wholly unenforceable, does that make claims for arrears remaining after rescission unenforceable too?

 

I thank Caggers in advance for any help.

[rleon]

(Bumping for the evening shift.)