Asset Link/Kearns Claimform - old MBNA card debt

[CornishRose]

Oh what a shame.

 

They have registered their DQ's today.....

But I am sure they are very late in filing.

 

DQ sent to you on 01/11/2022

You filed a DQ on 17/11/2022

General sanctions order was made on 15/12/2022

DQ filed by claimant on 24/01/2023

 

So, this also will go to mediation.

 

CR. 

[dx100uk]

well the DN is faulty IMHO.

 

i would refuse mediation if/when you ever get a phonecall from the mediation service.

[CornishRose]

Could you give me the points that the DN does not comply.  Many thanks. 

 

CR. 

[dx100uk]

i know you have a lot going on

but time and time again i have advised you in this thread to READ UP on things.

 

time and time again you have NOT. else the Q's you asked.. you would not be asking them.

 

YOU are the human thats going to be in front a JUDGE.

if you don't understand or research when advised there is an ever decreasing likelihood you will convince a judge and LOSE

 

IMHO it is not of the correct format/fonts/layout that an MBNA default notice usually looks likegoing by previous MBNA threads here and default notice layout 

 

[CornishRose]

And time and time again you have been very rude to me.  

 

You have no idea what people are truly going through. 

 

I have a severe mental illness, which incapacitates me.   

 

You really should be nicer to people, you really do not what they are going through.  

 

Shame on you. 

 

 

 

 

[dx100uk]

sorry no, i must be blunt.

 

stop using perceived mental health issues as a goto excuse for in action upon your behalf.

it's an insult to those that really do suffer on a daily basis with not being able to even function at a basic level.

 

a dca, a court, a judge, will not careless.

 

you have been here since 2009 and know full well we are a selfhelp forum.

 

shame on you . your posts tell a different story.

 

wise up!

[CornishRose]

Wow, you really are unbelievably rude.

 

You are really not qualified to say how my mental health issues affect me, and my executive functions. 

 

You, watch your words, bordering on bullying and lack of understanding of mental illness and its affects.

 

You are an embarrassment to this site. 

[AndyOrch]

12 hours ago, CornishRose said:

Oh what a shame.

 

They have registered their DQ's today.....

But I am sure they are very late in filing.

 

DQ sent to you on 01/11/2022

You filed a DQ on 17/11/2022

General sanctions order was made on 15/12/2022

DQ filed by claimant on 24/01/2023

 

So, this also will go to mediation.

 

CR. 

 

Yes, they were hence the sanction imposed, sanction being an " or else order " if they didn't file by a certain date their claim would be struck out.

 

With regards to Default Notice and prescribed terms have a look at the relevant CCA 1974 on what a Default Notice must contain to be valid. Sections 87 and 88

 

https://www.legislation.gov.uk/ukpga/1974/39/section/87/enacted

 

https://www.legislation.gov.uk/ukpga/1974/39/section/88/enacted

 

[CornishRose]

Update. 

 

My mediation in in two days time. 

[dx100uk]

i would refuse mediation. 

 

MBNA DN for arrears ONLY, was dated by MBNA 09/01/21..a saturday.

get in touch date was stated as 25/09/21...thats a saturday too.

 

dn is 14 days + 2 days postage If it was posted by royal mail 1st class .... there is no sunday post.... urmm... and we know MBNA use UKMAIL which is classed as 2nd class post (4 days) by royal mail when it gets into their delivery system.....but i wouldn't be telling the fleecers that at mediation......

[CornishRose]

Thank you for looking at the DN in so much detail.  Much appreciated. 

[dx100uk]

if if if it gets infront of a judge and it comes down to DN arguements only... you will need to understand why the above is important (a DN must give 14 clear days)

so going by the above, thats very debateable it arrived in time to give you the full 14 days section 87/8 of the consumer credit act states .

[dx100uk]

what happened cornish?