MBNA Advice

[Spellkaster]

I have spoken at length to my original creditor MBNA today on the phone regrding an SAR request I sent in last week.

They told me something very interesting which I wanted to ask someone to clarify.

They claimed that the original default notice of a date on the 7th September 2012 was sent to me at the correct address, but I never received it.

So, I asked them, could I have a hard copy of it.

MBNA said all they could provide me with was a screenshot showing the default notice being dated and sent on the 7th September 2012.

So, Max Recovery cannot provide me with an original hard copy of the default notice after all.

By providing me with a screenshot claiming the DN was sent, would this even be legal?

[charitynjw]

Re: MBNA Advice

Hi Spellkaster.

I've read elsewhere that it comes down to the judge's decision bases on balance of probabilities.
If the Claimant can show sufficient evidence that the records show a DN being sent on such-&-such a date, & that the then creditor used a certain compliant format which would have been correctly addressed & posted, the judge may take their evidence as being ok.
It would then be for you to rebut it.

[Spellkaster]

Re: MBNA Advice

Hi Spellkaster.

I've read elsewhere that it comes down to the judge's decision bases on balance of probabilities.
If the Claimant can show sufficient evidence that the records show a DN being sent on such-&-such a date, & that the then creditor used a certain compliant format which would have been correctly addressed & posted, the judge may take their evidence as being ok.
It would then be for you to rebut it.

I told MBNA that I never received it and asked for a copy.

They said that they are not able to provide a copy.

- - - Updated - - -

Would the DN be sent registered post so that it would have been signed for ie Law and Property Act 1925 section 195 says such notices are required to be sent registered post?

[charitynjw]

Re: MBNA Advice

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Would the DN be sent registered post so that it would have been signed for ie Law and Property Act 1925 section 195 says such notices are required to be sent registered post?

Respectfully, I disagree with you there. (& not only because it's s196 ).

[warwick65]

Re: MBNA Advice

I told MBNA that I never received it and asked for a copy.

They said that they are not able to provide a copy.

- - - Updated - - -

Would the DN be sent registered post so that it would have been signed for ie Law and Property Act 1925 section 195 says such notices are required to be sent registered post?

S196 actually says by post in a registered letter which is very different to a letter by registered post.

We have been over this many times and I really do think you need to let this go- hard as it might be for you.

There are lots of cases out there where the claimant has proved a compliant DN was actually posted to the last known address and it has been accepted by the court.

I believe there is another act that says as long as a letter is posted it is deemed to have been served after 2 days if first class and 4 days if 2nd class. This is why a court claim is deemed served even if it is returned ( although that might give grounds for a set aside)

Please do not be offended but when it comes to court, the credibility of the witness is paramount and sadly someone with a longstanding MH condition, may not be believed as readily as a company



Where Max recovery could fail is by providing a recon that is contradicted by the data from the SAR

But please STAY OFF THE BLOODY PHONE

[charitynjw]

Re: MBNA Advice

I believe there is another act that says as long as a letter is posted it is deemed to have been served

Interpretation Act 1978 s7
http://www.legislation.gov.uk/ukpga/1978/30/section/7

[warwick65]

Re: MBNA Advice

Thanks [MENTION=5553]charitynjw[/MENTION]

Evening

[thedirtyhound]

Re: MBNA Advice

There is no requirement for notices like this to be sent by anything other than normal mail, in the same way that all court documents are. The sending of default notices is an automatic process. What is interesting however is that they can't seem to come up with a "true" copy, because that is important if they are to prove their case.

Also, did you get a copy of your credit agreement? The two articles below are worth a read.

http://www.telegraph.co.uk/finance/p...documents.html

http://www.bbc.co.uk/news/business-13349239

Both these cases involve MBNA.

I have an old debt with MBNA which they sold on to one of the debt purchase companies, who in turn instructed one of the law firms frequently mentioned on this forum. When I got a copy of the credit agreement, they could only supply something that contained the first three clauses. The remainder were in a booklet which it said came with them. However, there was no such booklet, as the document I signed was a simple letter mailshot. When I last spoke with the solicitor, I was told that the debt purchase company had taken the matter back in house. I have since been contacted by several of the call centre companies, but I never answer the calls or letters. Having already had a solicitor's letter before action that resulted in no action, any form of contact from companies like these won't keep me awake at night.

It seems that MBNA have some real problems with their original paperwork, so it really is worth exploring this avenue to the max.