Hi all, Just getting back into the swing of things, i did loads of work of CCA's last year and things have been very quite for a couple of months so i decided to check my experian records to see what had happened to them... Well the Egg CC I had that's got a wrongly worded CCA is now showing as settled (with a couple of late payments) on my experian credit report when i was expecting it to be showing as defaulted. Any idea why this might be? Could it have been sold on or could it just be a mistake on their part? If it is a mistake what are the chances of them realising it and changing it to a default? I've also noticed that the Egg loan i had is showing as defaulted but the date is a couple of months earlier than i received a DN? - Any ideas? Any input would be great. TheScaryOne

OK cool, many thanks for confirming what i thought MBNA are up to. I'll send off the deny letter this afternoon. Ta

Hi all, Right we've got a credit card with MBNA (which was previously an Abbey card) I requested a CCA at the end of December 2008 and all I received was a letter, some T's & C's and a copy of the latest statement. Obviously I then sent the dispute letter and all I’ve had back is the 'we've supplied what is sufficient for the purposed of the CCA'. I had a brief email conversation with them offering a reduced settlement and I asked for a response to my dispute letter and heard nothing else. I've since received a default noticed at the beginning of July asking for the full amount outstanding on the card and now I’ve received a letter from CarpQuest advising the debt has been sold to them (however the reference number they've given isn't the one that relates to the card). I'm just after clarification really, with how to respond. I was thinking I should be sending them a 'don’t be so silly this debt is in dispute go back to MBNA and sort it out with them' letter, or should I pick up on the fact the account number is incorrect and send them the ‘prove it’ letter. I've attached the CCA response, DN and letter from Carpquest. Many thanks, CapQuest 240809.pdf MBNA Default Notice.pdf MBNA PB.pdf

Andie, As a matter of interest - the amount of £133.76, what percentage of the outstanding balance was this? Scary

Hi all, I've also just received a default notice asking for full payment by 24/07/09. I did a CCA request back in January and only got a copy of some T's & C's (not sure if they were the original ones or are the current ones). I've even done a CPR31.16 but with no acknowledgement... So is the concensus to wait until after the remedy date and then do a SAR? Many thanks to all at CAG. TheScaryOne

I'm also interested in finding out how you got on with this letter.

Hi all, Just thought i'd add to this with my recent experience with MBNA as I also got a text message about reducing our balance by 65% yesterday, so i replied to an email i'd got a couple of weeks ago asking for more details. This is the response i got; Thank you for your email; We appreciate that you have been experiencing some difficulties and as such we offer some customers in your position a substantial reduction on the outstanding debt in order to get the matter resolved once and for all. If you are able to make a payment of £x,xxx against the full debt of xx,xxx then we will look to write off the remainder. This will subsequently be reflected on your credit file. You will never be pursued for the remaining £xx,xxx by MBNA or any other company. A condition of the agreement is that payment needs to be made within a 60 day period with a payment received every calendar month during this period. An example of how we can structure the payments is below: June:£xxx.xx - payment required by 29/06 July: £xxx.xx - payment required by 30/07 August: £xxxx.xx payment required by 29/08 As you can see this offer actually equates to a 65% reduction on the current outstanding balance. Unfortunately if we don't receive the minimum payment of £xxx.xx before the end of June the account will default and sale and recovery action will commence. We look forward to your response. Kind regards, To which i responded something along the lines of 4 days notice isn't enough and the last response i got last night was; I appreciate that the deadline is tight however we have been trying to contact you with this offer for some time. Unfortunately we are now governed by time. Without the requisite payments being registered within the set timeframe the account will be defaulted. As you can appreciate once this happens the offer to short settle will be rescinded and the full debt will subsequently be sold. If there was anything that could be done to extend the deadline then rest assured it would however unfortunately this is not an option. Regards, So from this thread and others MBNA are trying this on with lots of people (and i thought i was special) and they're not really following set procedure. I might try and get them to confirm this'll be a full and final settlement and see what response i get.

Oh i got one of these this week, i did wonder about the 'within 17 days of this letter' thing. I also got a new card for this account this week as well!

Just thought i'd give you a laugh - well it made my chuckle! In the last week i've received a DN from Mint (dated 09/04/09) and they've also kindly sent me a new card (valid from 03/09)! Looks like left hand and right hand are playing silly beggers!

Thanks the_shadow, i'll just wait for them to terminate the account then. I presume after they've terminated the account they cant re-issue a DN, they could start legal proceedings or they could sell the debt onto a DCA and it's at this point i can offer the F&F pointing out the DN is incorrect.

Hi the_shadow, Ok cool, so i could send them a letter stating that in view of their incorrectly formatted DN I am willing to offer a full and final settlement of 10% of the outstanding balance.

bones01, Subbing as i also have something similar.

Ah I've got confused then - I thought it was working days not calender days - ho hum! There's one late payment charge of £12 from January, i've been paying a token payment of £1 per month. I'm presuming the CCA is enforceable (it was done online) so my next logical step would probably be to offer them either a higher monthly payment or a full and final settlement of about 10% of the outstanding amount which is £3.3k. Here's the 2nd page - http://img21.imageshack.us/img21/5218/goldfishdn2ndpage170309.jpg Thanks the_shadow

Hi Clemma, I've had another look at the two documents that look like default notices but they're not - just threat-o-grams. I sent them a CPR31.16 request on 26/03/09 and will give them at least until 26/04/09 to reply.

Just a quick update - I sent off a CPR31.16 request on 26/03/09. I think I'll give them until at least the 26/04/09 to reply. In the meantime Mercers may issue an incorrect default notice like the 2 other DN's with less than the 14 working days notice.

Hi Slick132, Excellent - many thanks for your link, I'm getting more knowledgeable about CCA's all the time, it's just nice to get some confirmation that I’m getting stuff right. So after looking at the link I’ve come to the following conclusions; 1. This was an online application (Oct 2007) so has a digital signature but the print out where the digital signature information is blanked out and there is no indication of a creditors signature. 2. The debtors address is only on the application part of the print out and there's no reference to the debtors name on the credit agreement part of the print out. I've also been sent a default notice from Mercers on behalf of Barclaycard, dated 17/03/09 and the date payment should reach Barclaycard is before 03/04/09 (so by midnight 02/04/09). If I’ve read all the information about default notices right there should be 14 working days from the date served (2nd working day after the date of the letter) to when payment should reach Barclaycard. If this is correct I’ve only been given 11 days! (it’s exactly 14 days from 17/03 to 03/04). I understand that the default notice can only be issued after 3 monthly payments have been missed; the 3rd monthly payment was due on 16/03/09 – does that give enough time to issue a default notice? Also the DN is from Mercers not Barclaycard (I’ve had no indication of assignment), so there is also no creditors address, as it has Mercers name and address on it. I seem to recall seeing something somewhere that a default notice can only be issued once and if it's incorrect only the amount stated as due can be claimed by the creditor. Is this true? If it is how do i go about telling Barclaycard they'e arsed up. I’ve attached copies of both the CCA received (I did get it on 2 A4 sheets so had to scan it as 4 A4 sheets) and the default notice. http://img218.imageshack.us/img218/1606/goldfishcca200209.pdf http://img218.imageshack.us/img218/8503/goldfishdn170309g.jpg

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Subbing for future reference - glad you got a favourable outcome CCM.

I've had a response from a CCA request for a Barclaycard CC thats was previously a Goldfish card. It looks like it was applied for online and all they've sent me is what looks like a print out on 2 A3 sheets headed 'Credit Application for Goldfish Card' and it was applied for towards the end of 2007. It all looks ok, but for the digitial signature bit! At the bottom on the last page on the right handside is the heading Digital Signature and Authentica and thats where it ends, it looks like its possibly be covered up with something - i think i'll query this but what about the rest, could it be classed as enforceable?

Oh forgot to ask on basis do you believe this agreement to be unenforceable?

That sounds like good news andymanx, i've had a similar response from Mint as well.

Hi Davey, Anything happened yet? I got something similar back from Mint recently - a CPR31.16 will be off very soon, me thinks.

Subbing

Me too.