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Arrow Global/Bryan Carter-CCJ's -Help please

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  • #16
    Re: Arrow Global/Bryan Carter-CCJ's -Help please

    Originally posted by blackhorse99 View Post
    The date on the DN is 08/09/2010.
    Yes, 27/09/2010 is the date to pay full amount.
    As it's so often the case with MBNA, the DN is defective because they are asking for the full amount as opposed to the arrears.

    You may want to see this blog post by PT2537 :yo: with regards to default notices:

    http://paulatwatsonssolicitors.wordp...-so-difficult/

    The Judge in Mayhew said in respect of the Default notice

    Was the default notice valid? Under section 87 of the Consumer Credit Act a default notice must be served before any termination or demand for earlier payment. Section 88 of the Act provides that a default notice must be in the prescribed form. The Claimant served a default notice by post of 12th October 2012. The Defendant says that the notice was defective because it gave the wrong figure for the amount due and no OFT fact sheet was included.
    Even though in the case above (Santander v Mayhew), the DN didn't actually ask for the full amount, in fact, the amount quoted by the claimant was detrimental to the claimant rather than the defendant:
    The Claimant invited me to conclude that that the defects in the default notice were de minimis but I do not agree. The whole point of a default notice is that the debtor should know exactly what is owed and it is irrelevant that any defect would be to the detriment of the creditor.

    Originally posted by blackhorse99 View Post
    On the top right hand the address mentioned is
    MBNA Europe Bank Limited
    Customer Assistance Department
    I'm sorry I just have to laugh at the mention of such Department, because once upon a time, I got a letter from someone at that same department, asking me to log in and look at the fantastic features of my account online, after I'd received a letter asking me to cut up the card in two and send it back to them! msl: msl: msl:

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    • #17
      Re: Arrow Global/Bryan Carter-CCJ's -Help please

      Hi Gordon,

      Did you get that DN in reply to your SAR???
      AJ :
      the DN was sent by mbna in 09/2010 and i have SAR request in 2013.

      SAR request was made on 11/01/2013 with £10 cheque for each account - cheques were cashed on 23/01/2013, but no response of SAR for 40 days.
      Another demanding letter sent for non response to a SAR request on 15/03/2013 - no response.
      2nd demanding letter sent for non response to a SAR request on 12/04/2013 - no response.
      Called them on 24/05/2013 then they said they need address verification as the address wasn't matching in the records and that they have asked to re-send the SAR again without any cheques. Sent them the SAR immediately and i received my SAR on 1st week of August 2013.


      Also what else did you get from them (can you list the docs they sent you) in reply to your SAR??
      1. covering letter
      2. Glossary
      3. Abbreviations keys
      4.Autoscore SM card application details
      5.Your personal information and how MBNA uses it.
      6.Credit card agreement (this clearly shows that i havent singed the PPI nor ticked the check box)
      7. some screen shots of their system (this shows my details and account details)
      8. customer information system
      9. Additional comments log
      10. transactions and payments made from start date to date.

      I have called them again and said that i haven't received copies of my monthly statements - MBNA said that i have to pay £4 for each monthly statement.

      I have applied for PPC (payment protection cover) - MBNA rejected saying there is no PPC on my accounts in their final letter. I have forwarded it to FOS on 27/08/2013 with some statements of ''customer information system'' that i received in SAR where it says '' PPC SOLD ECG VERB DISC'' and also one of those pages of ''Additional comments log'' where the op has written ''CANCEL PPC ?''.


      Last edited by blackhorse99; 9th December 2013, 23:39:PM.

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