Default notices

dubs1967

Hi i am currently in a legal wrangle with mbna over the issuing of default notices.I had an arrangement for a short settlement with mbna.Basically i was given a date to pay of 25th sept.On the 7th sept two defaults were issued and by the 15th one account was sold?Lying cheating bas***ds sprung to mind,so i contacted the FOS and have just been told that MBNA have done nothing wrong,as this case is going to court i feel as though it has been pre judged and am well sick.I would appreciate some expert advice here as i thought i had a case.Any help please.Cheers DS.:(

thechippy

Can you elaborate on short settlement and the 25th.
For help, your info needs to be very concise and clear...

dubs1967

Well what info do you need?Can defaults be issued when a payment arrangement is in place?I dont think the figures matter.Cheers DS

thechippy

dubs1967 wrote: »

Well what info do you need?Can defaults be issued when a payment arrangement is in place?I dont think the figures matter.Cheers DS

Ok,

What I'm asking is what exactly do you mean by "short settlement"...;)

dubs1967

Well chippy a short settlement or partial settlement is where the lender agrees to settle your outstanding accounts by offering you a reduced balance if you pay by a certain date which in my case was 25th sept.This is a lump sum which is marked on your credit file as a "partial settlement".Cheers DS

dubs1967

I have posted on here previously regarding this account but so far nothing i have tried seems to work regarding forcing the lender into submission over wrongdoings!!

thechippy

Ok mate, I fully understand. It's just that I've never heard the term short settlement, most people just say full and final...;)

It's underhand what they've done, but I think your on a hiding to nowhere trying to fight it. They are under no obligation to either offer or accept a f&f

Sounds like one of the dn's (default notice) may be iffy though.

Could you scan them, remove personal details and post them up??

Have you had any termination notices yet?, or just the dn's

dubs1967

Chippy where do you get that one of the defaults might be iffy?Why not both?Underhand is an understatement to say the least.Why when people are struggling are they coming down hard on people?I think things can become personal between individuals that you are speaking to from MBNA and their ilk.I am im afraid a blunt speaking yorkshire man who is self employed,a bad combination at the moment im afraid.

thechippy

That's ok mate, you're speaking to a very blunt self employed southerner...:D

If a dn was issued on the 7th and account sold on 15th, it's unlawful rescission of contract. Selling an account amounts to termination. A dn should give 14 CLEAR days to settle, before they can terminate.

If terminated using a faulty dn, or terminating early, they lose the right of sec178 under the cca1974 to claim the balance of account. All they can claim is the arrears due until the date of the dn. That's why you need to post them up.....;)

dubs1967

Ill get the printer out ad get them scanned it will take a day or two though with my sausage fingers!!Cheers DS

dubs1967

Oh yes ive also tried the CCA route of no valid signature.This is a pre april 2007 agreement that they do not have a signed agreement for.A tick in a box is good enough apparently? Any advice on that please.