My notice to MBNA

Re: My notice to MBNA

Postby city boy 5705 » Wed Jul 29, 2009 11:28 am

The Freeman-on-the-Land known as Michael wrote:there is much conjecture about the correct A4V procedure to achieve set-off and i have first-hand experience of several of them. however, there is increasing evidence to suggest that turning the remittance into a MONEY ORDER is effective in enforcing the set-off of the amount outstanding on the account, rather than engaging in the arduous task of enforcing discharge.

to offer set-off with a money order one would write on the front of the remittance:

MONEY ORDER

PAY TO THE ORDER OF THE ROBIN HOODIES


SIGN AND DATE IT

then on the back, print/stamp the following in red caps (if there is no conflict of interests in so doing):

ACCEPTED AND RETURNED FOR VALUE WITHOUT DISHONOUR
WITHOUT PREJUDICE WITHOUT RECOURSE




then print the same on the front and back of the relevant statement of account and return it for settlement with an AFFIDAVIT OF PAYMENT. i know of several people who have recently empoyed this method and in each case the account was returned to zero within a few days. i will reveal the results of my partner's endeavours in that regard as soon as we hear back from the corporation which received a similar presentment by special delivery last week.


michael is the remittance in these situations just the most recent credit card statement ? or could it be the last communication from the Bank/ CC company etc?
also what is a AFFIDAVIT OF PAYMENT. please? do you have an example that could be posted for us newbies
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Re: My notice to MBNA

Postby MrFrodo » Thu Jul 30, 2009 6:35 pm

OK, no reply to my conditional acceptance, tomorrow in goes the Notice of dishonour and opportunity to cure!

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Re: My notice to MBNA

Postby MrFrodo » Thu Jul 30, 2009 8:02 pm

Notice of Dishonour and opportunity to cure

Notice to agent is notice to principle, notice to principle is notice to agent.

MBNA credit card
Chester Business Park
Chester
CH4 9FB

Dear Sirs,
On the xxxx of July I sent yourselves a Notice requesting clarification on the alleged debt and requested proof of your claim, royal mail ref XXXXXXXX. To Date no response has been received. Failure to respond in substance places MBNA BANK EUROPE LTD in dishonour. I hereby give MBNA EUROPE BANK LTD a further 7 days to reply to said notice and remain in honour. Failure to respond and provide proof of your claim will result in:

1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;
AND
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. That MBNA EUROPE BANK has agressively and unfairly attempted to collect an invalid claim and will be held liable for 3 times the alledged sum in damages.

Sincerely and without ill will, vexation or frivolity,

By: xxxx: xxxxx (Authorised Representative)
ALL RIGHTS RESERVED - WITHOUT PREJUDICE - WITHOUT RECOURSE - NON ASSUMPSIT
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Re: My notice to MBNA

Postby MrFrodo » Thu Jul 30, 2009 8:04 pm

Look ok ? Any tweaks?

Whatsmore, I have just remembered In the previous notice I included:

Please also note that if you contact me by telephone, after a formal request not to, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading. And take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Please make all future correspondence in writing to the address provided.

They continue to phone so I think I need to recall the next phone conversation that takes place and report them to the Office of fair trading ?

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Re: My notice to MBNA

Postby MrFrodo » Fri Jul 31, 2009 11:23 am

OK folks well I was about to send my notice of dishonour and opportunity to cure pasted below when I received a letter from MBNA (also below). MBNA are over the 7 days I gave them but they have responded basically saying they do not understand my 'letters' but as I have sent them 4 now they do not refer to which ones or which points. My concern is am I still able to send my Notice of dishonour and opportunity to cure out now? Or do I need to make ammendments? Advice appreciated ASAP as I was rather hopeing I could get my notice of dishonour and opportunity to cure out today. Thanks in advance.

[In care of]:
xxxx


PRIVATE & CONFIDENTIAL
SENT RECORDED DELIVERY: xxxxxxxxxxx

xxxxxx
CHIEF EXECUTIVE OFFICER
MBNA EUROPE BANK LTD
CHESTER BUSINESS PARK, CHESTER
CH4 9FB


COMPANY NUMBER: 02783251
LICENCE NUMBER: 204487

DATE: 31/07/09
NOTICE OF DISHONOUR & OPPORTUNITY TO CURE

NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT


Dear Ian O’Doherty

Re: Account Number: xxxxxxxxx

On the 22/07/09 I sent Notice of conditional acceptance and request for clarification regarding your alledged claim of debt to MISS xxx x xxxxxx with account reference; xxxxxxxx. This was sent ROYAL MAIL SPECIAL DELIVERY xxxxxxxxx and gave you 7 days in which to respond. To date I have yet to receive response from yourself. Failure to respond places MBNA EUROPE BANK LTD in dishonour. I extend a further 7 days for MBNA EUROPE BANK LTD to cure this dishonour by replying to the original notice with proof of their claim as outlined in said notice sated 22/07/09.
Failure to respond in substance within 7 days will place MBNA EUROPE BANK LTD in dishonour and will constitute voluntary agreement by MBNA EUROPE BANK LTD that:
1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;
AND
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. That MBNA EUROPE BANK LTD has aggressively and unfairly attempted to collect an invalid claim and will be held liable for 3 times the alleged sum in damages.
Please also note that if you contact me by telephone, after a formal request not to, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading. And take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Please make all future correspondence in writing to the address provided.

In sincerity and honour, without malice, mischief, ill will, vexation or frivolity,



By: xxxx: xxxxx (Authorised Representative)
ALL RIGHTS RESERVED - WITHOUT PREJUDICE - WITHOUT RECOURSE - NON ASSUMPSIT
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Re: My notice to MBNA

Postby BaldBeardyDude » Fri Jul 31, 2009 11:35 am

You have given them opportunity, time and several bites of this cherry - they have not responded in substance, so they are in dishonour - go for them and finish them off, m8!

Estoppel time, I do believe.
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Re: My notice to MBNA

Postby Farmer » Fri Jul 31, 2009 11:44 am

I would send the opportunity to cure and add that if they do not understand they should get legal advise.
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Re: My notice to MBNA

Postby MrFrodo » Fri Jul 31, 2009 11:59 am

OK, thanks foir thwe replies folks. I had sent them a conditional acceptance, followed by opportunity to cure followed by default notice then Freeman on the land commonly known as michael suggested I start again and send another conditional acceptance which was far better drafted than my previous attempts. Therefore they have had plenty of correspondance from me, they fail to distinguish which of my 'letters' tsk tsk that confuses them.

Whatsmore I addressed my most recent correspondance to the CEO or head of card services in chester and got a reply from the customer services team which makes me think they are probably replying to my older notices and they probably dont have a clue what they mean. That said they do have a legal dept!!!

I shall send ym notice of dishonour and opportunity to cure back to the CEO un editted. On monday I will reply to customer services asking which bits they do not understand, inform them I am sending notice direct to the CEO and tell them to consult their legal team as they have 7 days!

Sound fine ?


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Re: My notice to MBNA

Postby MrFrodo » Wed Aug 12, 2009 4:09 pm

OK, today I sent out this in response to the lack of response to both my notice of conditional acceptance and my notice of dishonour and opportunity to cure:

NOTICE OF NON RESPONSE & DISHONOUR

NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT


Dear CEO

Re: Account Number: xxxxxxxxxxxx

On the xx/xx/xx I sent Notice of conditional acceptance and request for clarification regarding your alledged claim of debt to xxxxxxxxx with account reference; xxxxxxxxxx. This was sent ROYAL MAIL SPECIAL DELIVERY xxxxxxxx and gave you 7 days in which to respond. On the xx/xx/xx I sent Notice of dishonour and opportunity to cure giving a further 7 days to respond. This was sent ROYAL MAIL RECORDED DELIVERY xxxxxxx. To date I have yet to receive response from yourself. As stated within these previous notices, failure to respond places MBNA EUROPE BANK LTD in dishonour and constitutes voluntary agreement by MBNA EUROPE BANK LTD that:
1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;
AND
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. That MBNA EUROPE BANK LTD has aggressively and unfairly attempted to collect an invalid claim and will be held liable for 3 times the alleged sum in damages.
Please also note that if you contact me by telephone, after a formal request not to, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading. And take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Please make all future correspondence in writing to the address provided.

In sincerity and honour, without malice, mischief, ill will, vexation or frivolity,



By: xxxxx:xxxx (Authorised Representative)
ALL RIGHTS RESERVED - WITHOUT PREJUDICE - WITHOUT RECOURSE - NON ASSUMPSIT
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Re: My notice to MBNA

Postby MrFrodo » Wed Aug 12, 2009 4:11 pm

That has closed the conditional acceptance notice series and I will tomorrow when ocmplete send Notice Requesting Adequate Assurance of Due Performance and subsequent notices if dishonoured. I will post the draft of the NRAADP in a few hours for comments before tomorrow,

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