Foxy v MBNA

[Foxyflugel]

Re: Foxy v MBNA

No Amethyst I can't remember ever receiving any at the time - they have sent me T&Cs with my CCA request docs I believe.

[Foxyflugel]

Re: Foxy v MBNA

:tinysmile_hmm_t2::tinysmile_hmm_t2::tinysmile_hmm _t2::tinysmile_hmm_t2::faint:

[Foxyflugel]

Re: Foxy v MBNA

[Foxyflugel]

Re: Foxy v MBNA

[Foxyflugel]

Re: Foxy v MBNA

These are the other two documents - the default notice and the assignment notice.

Is it definitiely all ok then??

Thanks

Foxy :tinysmile_cry_t:

[mystery1]

Re: Foxy v MBNA

No it's not.

How does the amount in the NoA compare with the amounts claimed, statements etc ?

What you have posted contains no paragraph 8 but the default notice refers to 8. Either the copy is crap or the default notice is crap.

M1

[Tools]

Re: Foxy v MBNA

No Amethyst I can't remember ever receiving any at the time - they have sent me T&Cs with my CCA request docs I believe.

Do those have the missing paras in (4 - 19 etc) or is that just the second torn off page bit?

[Foxyflugel]

Re: Foxy v MBNA

Hi guys - good morning

Tools - I was feeling a bit rough yesterday but will look later and see in answer to your post - thanks.

I have discovered a couple of things. The account first went to Experto Credite and I received numerous letters from this company - should I have received a noa for this? - as they have only sent me the one noa (as posted on here) - there is no name and address on it - it is as I have posted (minus the blacked out bits).

Also - don't know if this changes anything - but - looked at M1s post and it got me thinking just to double check figures stated and I discovered -

On my statements - I take it the arrears amount would be the minimum payment amount??

If so, on the DN - dated 7th July 2010 (apparently I was defaulted on 29th June 2010) - should this have the minimum payment amount from my June 2010 statement on ?- as the arrears to clear the breach.

The DN states the arrears as the exact minimum payment amount from my May 2010 statement - the Junes statement arrears are higher by a couple of hundred pounds or so.

Can anyone clarify??

Many thanks in advance as always.

Foxy

[mystery1]

Re: Foxy v MBNA

I would certainly argue that the default notice is bad.

M1

[Foxyflugel]

Re: Foxy v MBNA

Thanks M1. Does this mean that they have terminated incorrectly on the back of a bad DN? Can they correct the amount retrospectively nearly 4 years later?

What does this mean for me - I have read other threads and am unsure.

Thanks

Foxy :tinysmile_hmm_t2:

[Amethyst]

Re: Foxy v MBNA

What date was your payment due on your May statement ?

eg: If May's statement covers period 1st - 31st May then payment may be due by 31st June (though sounds like due date may be the 29th June). The June statement's minimum payment may not be due until the 31st July.

and so on.

You need to check the other terms that they sent, if they did, that hold paras 4 -19.

If you have those then it is likely the CCA is fine.
If you don't have those then you should go back and ask them for them.
If they can't supply them (at all) then the agreement wouldn't be enforceable in court.


In those terms it should have the terms regarding late payment and default.

Your statements will have the due date on.

[mystery1]

Re: Foxy v MBNA

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

75. The notice of enforcement was a statutory pre-condition of enforcement. It was a bad notice and enforcement cannot be attempted in dependence upon it. However, bad notices can often be remedied by the service of good notices and I see no reason why that should not be so in respect of credit agreements.

M1

[Foxyflugel]

Re: Foxy v MBNA

Hi Tools

In answer to your question - when I sent them a request a few years ago - they sent me back a copy of the little tear off piece at the bottom of the application and what appears to be the 'back' of it (as uploaded on this post).

They also sent me copies of the alleged T&Cs. These are from 1-8, however I did notice that in 3 it actually has the £12 charge - I'm sure that this was not brought in until after 2005 - it would have still been £25 back then.

If so, these are not a true copy of the T&Cs at that time. All they have done is add my credit card number along the bottom of the sheets.

Thanks

Foxy :tinysmile_aha_t:

[Foxyflugel]

Re: Foxy v MBNA

Amethyst

The statements are dated the 11th of the month and there is no payment due by date - it just says pay immediately.

Will look on the T&Cs.

Foxy

[Amethyst]

Re: Foxy v MBNA

The copy of the T&Cs you have attached says £25.

However it does refer quite specifically to a leaflet with the rest of the terms in so you should have been sent a copy of this - if the separate terms refer to £12 charges they are wrong and are the current terms - to fully comply with the CCA request they need to give you ALL the terms applicable to your card at the date of inception)

(will probably be something like http://i574.photobucket.com/albums/s...mbna/mbna7.jpg & http://i574.photobucket.com/albums/s...mbna/mbna8.jpg )