My notice to MBNA

Re: My notice to MBNA

Postby MrFrodo » Mon Sep 28, 2009 12:32 pm

Hi Sophia,

Notice of lien interest was sent, 7 days elapsed. On friday I received a letter from the vice pres of MBNA (scanned sig not wet so prob just one of her bods) saying she apologised for the delay in response, their investigations were taking longer than expected and I will receive a response by the 20/10/09.

I 'refused it for cause' and sent it back. They have had plenty of time to answer my notices and have failed. They will soon receive an affidavit which is a little behind schedule but I want to ensure I get it right.

I will post the letter here aswell as the affidavit in due course.

Frodo
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Re: My notice to MBNA

Postby Sophia » Tue Sep 29, 2009 4:48 am

Sounds Good! :clap:
:sun:
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Re: My notice to MBNA

Postby Tweetie Pie » Sat Dec 12, 2009 6:33 am

hello frodo,
long silence have you news?
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Re: My notice to MBNA

Postby benjii » Sat Jan 22, 2011 7:15 pm

I have read through all of this topic and it looks as if it did not work, ah well,
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Re: My notice to MBNA

Postby MrFrodo » Mon Jan 24, 2011 8:33 pm

Hey Benji, all .....actually I'd say it did work, but not in its entirety ... yet.

Long story short, I filed a claim in the High Court following the completion of the administrative process I entered into. The Defendant (the bank) failed to submit a defence, so BINGO ...default judgement should have been on the cards but it was denied by the Court for a number of reasons that the judge hearing the case was unable to substantiate in the short flurry of written correspondence we entered into.

At about the same time as the Defendant had failed to reply to the Claim and submit a Defence they sent me a letter saying they had sold the debt to a debt collection company whom sent me one letter and I never heard from them again (I did not even have to reply) ... i believe it was organised that they would not come after me.


SO result is, debt gone. Took em to the court and they did not wanna play ball. Court either ignorant or corruption occured. Commercial injury claim unfulfilled but far from over .... bigger fish to fry at present :P
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Re: My notice to MBNA

Postby mousematt » Thu Feb 03, 2011 9:33 am

What a great thread, and bravo MrFrodo! I'm just beginning the same process and just hope I can do it as efficiently and effectively as you. Can you tell us how you notarised your commercial lien in order to file the claim in the High Court please? Did you find a Notary Public or did you use the "3 good men" method? Also, you don't mention any other courts being involved at any stage - did MBNA not try to get a County Court Judgement at any time?
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Re: My notice to MBNA

Postby MrFrodo » Thu Feb 03, 2011 10:08 am

Hi Mousematt!

Thankyou for your kind words. To answer your questions; I used a notary (at great expense) and I filed a claim against the bank before they put one in against me ... if my memory serves me correctly no county court was involved at all.


To clarify my previous post .. no default judgement was awarded.

MrFrodo
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Re: My notice to MBNA

Postby mousematt » Thu Feb 03, 2011 11:32 am

Thanks for clarifying that, MrFrodo, and so speedily!
I sent my initial Notice of Conditional Agreement to Pay on the 20th January and now that MBNA's allotted ten days are up, I'm drafting another, based on Michael's template earlier in this thread, because it's got considerably more teeth. Coincidentally, although they have not responded in writing to my Notice, today MBNA have launched their campaign of telephone harrassment, which keeps interrupting my writing of Notices to them. At first I told them quite clearly that I had asked them in writing that they may not telephone, only write. Subsequently I have simply rejected the calls and logged them. Any thoughts on rejecting/accepting unsolicited calls anyone?
I'll also follow Michael's original copy procedure from now on when I send a Notice and get the Post Office to cancel stamps and record the barcode before sealing and sending them Recorded. Sounds like excellent advice, although I expect to start getting some weary looks from now on when spotted in the Post Office queue.
I'm enjoying this! I extend my warmest thanks to all you pioneers who have taken the trouble to post on this forum, and given me the confidence to sock one back to the greedy banksters.
I'll keep you posted on progress, but should I start another thread? I'm rather new to fora and their etiquette.
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Re: My notice to MBNA

Postby nameless » Thu Feb 03, 2011 12:13 pm

"today MBNA have launched their campaign of telephone harrassment, which keeps interrupting my writing of Notices to them."

Could you not pull the plug out? I check for messages and last number called every so often, or at least once in the morning and once in the evening. I have several used C5 envelopes that have come through the post, and I use a separate one for each crook where I log the date, number, and time. Every so often I send them an invoice. This will contribute towards their Lien. Have you given them a fee schedule?

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Re: My notice to MBNA

Postby mousematt » Thu Feb 03, 2011 1:40 pm

Every so often I send them an invoice. This will contribute towards their Lien. Have you given them a fee schedule?


Love it! I'll be sure to attach one to my next communication.

But I must share what happened to me in the Post Office just now when I went in to get my original and copy attested. I did as Michael suggests: signed in blue and put a 1p stamp in the top-right corner. Didn't go so far as to put a thumbprint (should I have done?). There was some puzzlement when I explained what I needed them to do, but the lady was happy to help out as best she could, until the point when her datestamp was hovering over the 1p stamp. She peered at me and asked, "why do you want to cancel the stamp?" Now, I wasn't really sure myself, so mouthed wordlessly for a few seconds, until she said with sudden dawning realisation, "oh, they're a Bank. It's so they can't use it again." And she stamped both copies with a thump.

It was beautiful. I swear I actually heard the capital B.
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