My notice to MBNA

Re: My notice to MBNA

Postby huntingross » Sat Aug 22, 2009 5:06 pm

MrFrodo wrote:Hi Michael,

I extend my gratitude for your assistance. I shall get this off in the post on monday and will report any reply and progress as it happens. Your notice seems to look like it has
far sharper teeth than the previous notices I had sent. I had also not been sending it to the CEO, which I shall do this time. Is the mention of 3 times the debt as a claim agsint them an arbitrary figure or based on a ruling?

Many thanks,

Frodo


The answer looks like it might be in here Limitations Of Actions And Costs Act 1842 (c.97)
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Re: My notice to MBNA

Postby Travels » Sat Aug 22, 2009 5:08 pm

Course fella check this oot...

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800058_en_1

Scroll down to Section 5:

Time limit for actions founded on simple contract:

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

All those companies telling you they can wipe out your debts if more than six years old...this is the only method they use; they quote it at the debt-collector on your behalf and charge you for the privilege, the dirty little wizards...
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Re: My notice to MBNA

Postby huntingross » Sat Aug 22, 2009 5:22 pm

Thanks for the link T

Does that mean 6 years after the date that an action COULD have been brought, no action CAN be brought...??

Thats my reading of it anyway
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Re: My notice to MBNA

Postby Travels » Sat Aug 22, 2009 7:28 pm

I believe the 'cause of action accrued' means the time you sign/agree to the contract, but it could also mean the time when you first 'default' in their eyes, now you mention it...hopefully someone here can shed some light on that?

All I can say is that I have always quoted the date on the copy of the contract they send (you know, when you ask them for an original!) and then I quote the act and notify them that six years have passed (if you are on the phone for whatever reason make sure you state that you are notifying them, not just telling them), usually followed by 'can you verify for me that your company believes it is exempt from statutory law by pursuing this matter?' They've never set me straight if I'm wrong...but then again, these particular alleged debts were over ten years old, so both cases may have applied...

I'll look into it ;)
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Re: My notice to MBNA

Postby city boy 5705 » Mon Aug 24, 2009 1:04 pm

MrFrodo wrote:Hi folks,

I received this is response to my Notice requesting adequate assurance of due performance today:



hi, i just received exactly the same letter back from MBNA. must now be their standard response!
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Re: My notice to MBNA

Postby MrFrodo » Mon Aug 24, 2009 2:26 pm

Just writing my notice of dishonour and opp to cure, will psot it when complete.

Frodo
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Re: My notice to MBNA

Postby MrFrodo » Mon Aug 24, 2009 10:23 pm

Notice of dishonour and opportunity to cure posted today:

[In care of]:


PRIVATE & CONFIDENTIAL
SENT RECORDED DELIVERY:

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


COMPANY NUMBER: 02783251
LICENCE NUMBER: 204487

DATE: 24/08/09
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: xxxxxxxx
On the 13/08/09 I sent Notice requesting adequate assurance of due performance regarding your alleged claim of debt to MISS xxxx x xxxx with account reference; xxxxxxxxx. This was sent ROYAL MAIL RECORDED DELIVERY xxxxxxxxx and gave you 7 days in which to respond.
I received a response on the 19/08/09 that seems to make an attempt to answer some of my questions however it is not acceptable for the following reasons:
1> It does not appear to have been written & signed by CEO Ian O’Doherty the recipient that my previous notice dated 13/08/09 was addressed to.
2> I requested simple ‘yes’ or ‘no’ responses to the questions I raised in my previous notice dated 13/08/09. These have not been given.
3> Some questions have been ignored completely.

Failure to answer the reasonable questions in my previous notice dated 13/08/09 with specific ‘yes’ or ‘no’ answers within seven (7) days of your receipt of this notice, will comprise the tacit procuration of MBNA EUROPE BANK LTD' agreement that it has concealed material facts from MISS xxxxxxxxx, that the consumer credit agreement has been altered or stolen and that the alleged borrower provided the funds that the alleged lender claims were lent to MISS xxxxx, in which case, MISS xxxxxx is legally entitled to file a commercial injury claim for at least three times the value of the alleged credit card account debt.

By: xxx:xxxxx
Authorised Representative for MISS xxxxxxxxx
All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted
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Re: My notice to MBNA

Postby MrFrodo » Mon Aug 24, 2009 10:26 pm

Should this be dishonoured I will be in a position to send notice of dishonour and notice of commercial lien interest, followed by Affidavit of obligation etc. The rope is tightening! Now time to research this lien business a little more!

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Re: My notice to MBNA

Postby MrFrodo » Tue Sep 08, 2009 1:05 pm

Ok the notice of dishonour and non response is to be sent today.

Tomorrow I follow up with a notice of commercial lien interest.

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Re: My notice to MBNA

Postby Sophia » Sat Sep 26, 2009 12:24 pm

Hi Mr. Frodo,
what happened ?
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