MBNA reconstructing DN

[cadwallader]

I originally received a default notice from MBNA in Spetember 2009. It was oneof those that demanded payment of the total balance outstanding on the credit card to recify the default (rather than the arrears of payments) and MBNA then advised prior to the date to rectify they had sold the debt to Direct Legal .

I pointed out to DL/Hillesden that the DN did not comply with s87 CCA and they said they were referring back to MBNA.

I have now received a letter from Hillesden enclosing what MBNA states is a copy of the DN. This 'copy' is dated June 2009 and now has the amount to remedy as the arrears figure rather than the total outstanding.

Any suggstions on how I should respond to this? Seems that MBNA are trying to re-write what happened to put themselves in a better postion!

Thanks

Cadwallader

[Angry Cat]

Re: MBNA reconstructing DN

MBNA, would have to serve a fresh DN, in order to rectify the error.

[The Debt Star]

Re: MBNA reconstructing DN

Nice clear advice AC.

[cadwallader]

Re: MBNA reconstructing DN

Yes, but MBNA don't own the debt anymore and their selling of the debt within the 14 days to recify the default surely is a termination. They have sent a 'copy' of the original which is significantly different from the one they issued. They are claiming this is a copy of the original but it is not.

C

[The Debt Star]

Re: MBNA reconstructing DN

Dunno Cadwaladr. Hopefully someone else will.
Is this one of those unlawful rescission jobs? Or does the debt get passed back to MBNA?

[cadwallader]

Re: MBNA reconstructing DN

Well, the debt was sold to a DCA after issuing the faulty DN but before the period to remedy so I think it is a repudiation of contract. Presumably the DCA could re-assign the debt to MBNA but the contract is surely terminated, so a new DN can't be served. Am just wondering if other members have had what appears an attempt by MBNA to pass off an inaccurate reconstrution of a DN as being a copy of the (faulty) original?

C

[Angry Cat]

Re: MBNA reconstructing DN

Only MBNA can rectify the error.
And, the DCA cannot issue a DN unless they are "the Creditor", as per section 189.

Did MBNA actually terminate the agreement after issuing the faulty DN?
Did MBNA sent you a letter of Termination?

[cadwallader]

Re: MBNA reconstructing DN

AC

DCA didn't issue DN. They just sent on the copy which MBNA provided and which was not an accurate copy of the one MBNA originally issued. MBNA did not specifically write saying agreement terminated but they did write 9 days after the date of the defective DN to say they had sold the debt to the DCA.

[paulb2905]

Re: MBNA reconstructing DN

Thats evidence of "termination" then as it is reasonable for an "ordinary person" to assume the debt has been sold and now lies under the control of another party

[Angry Cat]

Re: MBNA reconstructing DN

Thats evidence of "termination" then as it is reasonable for an "ordinary person" to assume the debt has been sold and now lies under the control of another party

One should never assume and;
was the purported assignment;
equitable or, absolute?

MBNA, generally like to keep one finger in the pie...

[cadwallader]

Re: MBNA reconstructing DN

MBNA's letter from last September states:

Your outstanding balance due under the above account has been sold to Direct Legal-dtl. ............

All enquiries regading this account, including account balance information, together with future payments, should be made directly to this company.

[cadwallader]

Re: MBNA reconstructing DN

I'd appreciate any thoughts on how to respond to Hillsden. I was thinking along the lines of

The document you claim is a copy of the DN is a reconstruction and is significanlty different from the original DN issued by MBNA. This also casts doubt on the validity of other reconstructed documents that have been provided by MBNA and which they claim to be true copies of originals.

Any comments?

Thanks

Cadwallader

[paulb2905]

Re: MBNA reconstructing DN

Cadwaller - is this just a request for information so far, no legal proceedings?

Is the "new" DN signed by a particular person? I would be tempted to keep it "up my sleeve" in the event it goes legal - then you get to question when the person who signed the letter started working there (ws from them) also it should show in the comms log for the DN being sent at the time - does it? if not, evidence of fraud....................!

[cadwallader]

Re: MBNA reconstructing DN

Paulb

No legal proceedings yet - Hillsden have just recommenced threats to start them.

Copy DN is signed by a different person than the original, date of copy is approx 3 months before that of the original and requirements to remedy breach are different. The original DN appears at correct date in SAR records, there is no trace in SAR records of the 'copy' at the supposed date.

C

[cadwallader]

Re: MBNA reconstructing DN

Hi Angry Cat

What would be the best way of finding out if the assignment is absolute or equitable - ask MBNA or Hillsden?

Thanks

C