MBNA Default Notice

[Dizziediva2010]

I recieved this Default Notice second class post on the 12 March 2010.

Please could a member explain to me why this Default Notice is not compliant. My hearing is Monday 6 September 2010.

[MIKE770]

Re: MBNA Default Notice

Dated March 8th 2010 Monday - 4 working days (2nd class UK Mail) say 11th March 2010 Thu - start count 14 days 12th March 2010- = 26th March 2010.? a day short but would a judge stick to it? seems a lot of negative comments on forums, but to the letter yes 1 day short, also problem who can say it actualy in the post system on the 8th? Sure others will be along soon to advise. Also is there a Para 8 on your agreement? .

[Dizziediva2010]

Re: MBNA Default Notice

Dated March 8th 2010 Monday - 4 working days (2nd class UK Mail) say 11th March 2010 Thu - start count 14 days 12th March 2010- = 26th March 2010.? a day short but Ywould a judge stick to it? seems a lot of negative comments on forums, but to the letter yes 1 day short, also problem who can say it actualy in the post system on the 8th? Sure others will be along soon to advise. Also is there a Para 8 on your agreement? .

Yes what does paragraph 8 mean? Is the default compliant or not in your opinion?

DD

[MIKE770]

Re: MBNA Default Notice

para 8 on your aggreement have you got CCA to check?

[Dizziediva2010]

Re: MBNA Default Notice

para 8 on your aggreement have you got CCA to check?

Is this paragraph refering to 'debits & credits?

[MIKE770]

Re: MBNA Default Notice

post up minus your details your CCA as some of us have not got one? to verify

[MIKE770]

Re: MBNA Default Notice

Have a look at this may be useful?

[Dizziediva2010]

Re: MBNA Default Notice

Have a look at this may be useful?

Thankyou mike, useful information. I recieved the DN second class post on the 13 March 2010. In their witness statement they claim that the DN was collected from the claimants post room on Monday 8 March 2010 by UK Mail and delivered overnight and hence arrived at a Royal Mail sorting office on Tuesday 9 March 2010. During that day it was sorted by the Royal Mail and in accordance with their procedures for delivery of First Class Mail would have been delivered to the defendant on Wednesday 10 March 2010.

Therefore i put them to strict proof of delivery via reciept.

------------------------------- merged -------------------------------

post up minus your details your CCA as some of us have not got one? to verify

[MIKE770]

Re: MBNA Default Notice

Thankyou mike, useful information. I recieved the DN second class post on the 13 March 2010. In their witness statement they claim that the DN was collected from the claimants post room on Monday 8 March 2010 by UK Mail and delivered overnight and hence arrived at a Royal Mail sorting office on Tuesday 9 March 2010. During that day it was sorted by the Royal Mail and in accordance with their procedures for delivery of First Class Mail would have been delivered to the defendant on Wednesday 10 March 2010.

Therefore i put them to strict proof of delivery via reciept.

------------------------------- merged -------------------------------

In that case your DN is short by2-3 days. As far as the CCA above ask Curleyben to look at it you could PM asking to look.

[MIKE770]

Re: MBNA Default Notice

Is this paragraph refering to 'debits & credits?

Bit small to see but sure i saw APR in the 1st line, so DN para suspect?

[mahargrisch]

Re: MBNA Default Notice

para 8 on your aggreement have you got CCA to check?

copy of t&C incl para 8

[basa48]

Re: MBNA Default Notice

MBNAs Para 8f attempts to contract them out of s87 of the Act and is therefore contrary to s173(1).

[mahargrisch]

Re: MBNA Default Notice

Just taken from
Consumer Credit Act 1974 Post-contract information requirements
Refered to in mike770 post # 7

6 DEFAULT AND ENFORCEMENT NOTICES
Default notices
6.1 Section 87 of the 1974 Act requires creditors to give the debtor a
default notice in a specified form if, following any breach of a regulated
agreement by the debtor, the creditor wishes to terminate the
agreement, demand earlier payment of any sum, recover possession of
any goods or land, treat any right conferred on the debtor as terminated,
restricted or deferred, or enforce any security.
6.2 The requirements are set out in the Consumer Credit (Enforcement,
Default and Termination Notices) Regulations 1983.49 In particular, the
default notice must indicate:50
• the nature of the alleged breach of the agreement
• the action needed to remedy the breach or to compensate the
creditor, and the date by which this must be done
• the consequences of failure to comply with the notice
• the action intended to be taken by the creditor in the event of noncompliance
• the procedures relating to the recovery of goods under a hirepurchase
or conditional sale agreement
• a statement indicating the debtor's right to apply to the court for a
time order, giving more time to repay the debt
• prescribed wording regarding sources of help or advice.
6.3 The date specified in the notice must be not less than 14 days after the
date of service.51 (This period was increased from seven days by the
2006 Act).52 The creditor is precluded from taking enforcement action
until this period has elapsed.

[mahargrisch]

Re: MBNA Default Notice

But beware of the 14 days as in the case of Amex v Brandon judge. Denyer dismised this by saying in effect that whether or not Brandon had 14 days or not he didn't remedy the breach even after 21 days and that because Amex didn't carry take any action within 14 days it just doesnt matter what date is on the DN.



34. Now, somewhat theoretical though it is, had American Express taken enforcement
action within 14days of 19June, it may well be that the validityof thatenforcement
action would have been open to challenge I express no final view on the mattcr but I
do understand the argumcnt because,to go back to section87,it must specify the
nature of the breach and if the breach is capable of remedy what action is required to
remedy it. The whole idea is thata debtor should have 14 days within which to
redeem the position,in this case pay £275.80. So I understand the argument.As I
say, I do not dismiss it as being unreal. But, the fact of the matter is no enforcement action was taken within 14 daysof 19June. So we have the service of the enforcement notice but nothing immediately happens. In those circumstances, even if Mr Brandon's point is a good one it seems to me to be not relevant in that he has not
suffered any prejudice at all by virtue of that technical breachbecause, nevcr mind
. within 14 days he did not, for example, within 21 days, which on my finding would . clearly have been an appropriate period of rime properly to comply with seCtion 87.
. He did not send American Express the cheque for £215. Nothing happened. So he . remained in breach of his obligation to pay a monthly instalment.

[XmasTree]

Re: MBNA Default Notice

Hi - I have a question regarding a default notice that MBNA have just sent to me. It is virtually identical to that received by DizzieDiva2010, apart from it being dated 9th December 2010 and I have until 30th December to take action. I think they send it in time for me to have 14 days to respond.
However - am I right in thinking that they need to give me notice before they report a default to the credit reference agencies? The reason I'm asking is because I have just checked my credit report and they lodged a default on 6th December.
Can anyone tell me if MBNA is in the wrong with this?

BTW - MBNA have admitted they can't provide my CCA, yet they still refer to para 8 in their NOD!!

Would really appreciate some advice on this. Thanks