MBNA Defective DN/TN - PRO ACTIVE

[paulb2905]

It seems to me that were missing a trick here and should be going on the Active Foot rather than continually the defensive foot.

Im setting this out for MBNA Credit Cards only on this thread but it may be worthwhile to have seperate threads under the other headings too.

I think it would be of huge benefit to find out how many people have defective Default/Termination Notices and to ultimately put together a bundle of evidence to be forwarded to Trading Standards for them to pursue this in court and settle this once and for all.

A CORRECT Default Notice should look like the attached AND give you a MINIMUM of 14 calender days from date of service to remedy the default.

Service of the Default Notice:
is assumed to be Second class post - that is 4 WORKING days from Letter date unless they can prove it is First class post - 2 WORKING days from Letter date

Terminated Account - your account is Terminated when
a) they send you a termination notice
b) they demand payment of the debt in full.
b) they sell your debt to a DCA

A Termination Notice is deemed Unlawful Rescission of Contract when the account is terminated on the back of a defective Default Notice.

Ideally, make sure you have a defective DN before doing, you should write to them once the account is terminated confirming your acceptance of the Unlawful Recission and request a breakdown of the arrears + interest (and if you havent already claimed back) less any unlawful charges + interest.

Please DONT post "multiple" messages into the thread
Just state whether you have a Defective DN/TN (dates would be useful) and would be prepared to forward unedited copies to a central person to pass onto TStandards (or whoever) to build a case to settle this once and for all.

[paulb2905]

Re: MBNA Defective DN/TN - PRO ACTIVE

UPDATE

Spoken to the OFT this morning and they have recomended that you email directly into them your complaint (attach your proof eg copy DN and proof of Termination)

enquiries@oft.gsi.gov.uk

To make this very easy for them to Compile please head it;

MBNA Defective Default Notice and Subsequent Termination Notice (or VIRGIN/MINT or EGG etc)
To ensure compliance ofS87 of the CCA 1974 the creditor must deliver a default notice which complies with all of the requirements of Section 88 of the CCA1974 and of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 2004 (SI 2004/3237) before the Claimant will become entitled to claim any benefit they may have enjoyed under S87 and subsequently terminate the agreement and make any demand for early payment.

I believe I have received a Default Notice which is invalid as it was dated XX/XX/XX assumed Served 2nd Class Post XX/XX/XX (1st Class Post XX/XX/XX) and gives a remedial date of XX/XX/XX. This is XX days short of the minimum 14 calendar days required under the Consumer Credit Act 1974. (see attached Default Notice)

This account has now been terminated by XXXXXXX on the XX/XX/XX by virtue of their Demand for full payment/Letter of Termination/Sale of the account to a Debt Collection Agency (see attached copy)

This represents an Unlawfull Rescission of Contract which I accepted in writing on the xx/xx/xx (copy) but the Creditor is still pursuing the FULL AMOUNT of the debt, where they are only now entitled to the arrears plus interest less any unlawful charges plus interest.

They log every entry and and if there are a significant numbers of complaints will build a case and pursue under their powers.

[Amethyst]

Re: MBNA Defective DN/TN - PRO ACTIVE

Good plan Paul x

[paulb2905]

Re: MBNA Defective DN/TN - PRO ACTIVE

Consumer Credit Act 1974 (the Act)
Complaint Against: MBNA Europe Bank Limited
Licence No: 0363167

Thank you for your email received on 6 October 2010.

I am very sorry to hear about the difficulties you have been experiencing however, the OFT has no authority to become involved in individual disputes between consumers and traders so we cannot advise you directly in this matter.

I enclose a list of organisations which can offer you help and advice. For specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser. The Financial Ombudsman Service can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself.

I can confirm that the business you mention holds a consumer credit licence. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence.

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

We have therefore noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

Thank you again for writing to us and bringing this matter to our attention.

Yours sincerely



Marinos Constantinou
Enquiries and Reporting Centre
Office of Fair Trading