Hello Halifax Card Services has listed a search on my credit file even though I did not complete any application. I remember at the time that I recieved stuff in the post inviting me to apply that I get all the time from various cc providers. I did not apply for this card. I wrote and asked them to remove the search and they have refused saying that they were concerned about identity theft and needed my home mobile and work telephone my e-mail and my bank details! this was to enable the fraud department to to instruct if the search has to be removed. What I would like to know is does this look bad on my file and what should I do next write back to Halifax? the CRA? Also am I concerned about nothing does a search really matter? even tho I did not apply or enquire about getting a cc. Also I am linked to my husband with one of the agencies and his file is a mess I suppose that reflects on me anyway so maybe should not be worrying about this anyway! Hoping someone can advise me many thanks Regards Ladida

Hi William I have been watching your thread with interest. Good to see youu are winning the battle. Do you know (or anyone else reading) is it only DCA that you can complain to the FOS about in oz. I think I read somewhere that the company you are complaining against must be a member of the service. Also may I ask to use some of your wording on your letter to privacy commissioner for my own complaint pretty please:-). Many thanks

Hi came on site today for the first time in a while. Have noted the changes and know there are a few glitches.Threads are so so slow to load and sometimes dont I cant sign in no sign I had to post a new thread to get in.Anyone else experiencing the forums so very slow? Or is it my compthanksLadida

means2anend I will look at this in more detail tomorrow. Looks very interesting and thank you for taking the time to reply. I have been online nearly all day am a bit square eyed:grin: grateful for everyones input:)

Pumpytums I will bear that in mind. Surprisingly there has been nothing from them since the DN. I thought it strange they had went so quiet. Thank you for your reply.

Charge off date is 31/03/10 date on the default notice is 09/04/10 Also does anyone know what "mail code changed to H" means? Sorry for all the questions and thanks in advance.

I will do cerberusalert and thanks for that as I was thinking I did not submit the S A R correctly. They also have not included any dealings with the insurance company that took over payments until the balance was cleared. Do I have to S A R the insurance people themselves? MBNA have done this deliberatly! Even the list of abbreviations does not cover everything therfore understanding some of the paperwork is impossible:( Thanks again guys great stuff:)

MandM will check the DN later to reconcile with paper work provided. Thankyou Basa the DN was for arrears only (made up of charges and interest they added in the back door) funny that they only provided statements up to 2006 nothing recent that will prove it! Lord Alcohol will get a look at that later thank you. Thanks all brilliant as usual and hi to Pinky (hope your case is progressing well) the OP of this thread a great source of infomation.

Hi guys me again got lot SAR gumph through from mbna still no letter of termination. On details of account they have the status as "Charged off" and on another have "CA Triad Exclusion" Can anyone explain what that means please. Many thanks in advance

Thanks Pinky/Cosalt will hang fire. Here is the default, I am typing it up as not sure how to link yet. IMPORTANT-YOU SHOULD READ THIS CAREFULLY Default notice Served under the 87(1) of the consumer Credit act 1974 Dear Ladida Credit Card agreement:xxxxxxxx We refer to the above agreement which you have entered into with us. Paragraph 8 of that agreement provides that you must repay immediatley the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears. A stop has been placed on your card. In order to remedy this breach we must recieve a payment of £xxxxx by 26 April 2010. Your account balance is xxxxx IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. On or after the date shown, your account will be closed and the credit agreement will be terinated and we may take court proceedings to recover the whole amount owed by you to us. Further statements will not be issued. Please note that if we terminate your credit agrement; your full balance will be payable immediatley and that you will will still be personally liable to pay all amounts which become due to us, for example, any subscriptions and regular payments that you have not stopped or outstanding credit-card cheques. IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME. IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP S SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU. This notice should include a copy od the current Office of the Fair Trading information sheet on default. This contains important information about yoru rights and where to go for support and advice. If it is not included, you should contact us to get one. Yours ..... ----------------------------------------------------------- The notice is on proper headed MBNA paper with thier address ours dated 09 April 2010. It was sent UK Mail second class tho dont have the envelope. Paying MBNA a minimum, they cash the cheque every month but they want more the arrears are made up of what they want as min minus whats been paid for the last 4/5 months . The total overall outstanding is made up mostly of interest and charges which is why I done CCA request. Am confused with the arrears and charges interest thing am reading reading reading! I have this posted over on MBNA forum but the dates are different because I was in a panic and made a mistake:( and I should have went to specsavers! Hope that info helps many thanks once again you guys are great:)

Hi Pinky and all who have contributed to this thread. Just finished reading from the start and have learned so much so thank you! I have couple of questions if thats ok sorry to jump in Pinky but feel I have a better chance of an answer on this thread:) I have recieved a Dodgy DN. Time given to remedy breach short 3/4 days and also they are in breach of a cca request sent and recieved by MBNA Nov 09. The DN states that they WILL terminate the account and seek full balance. Can I assume then this is a DN with a termination letter contained within? If thats the case should I expect that confirmation of termination won't arrive. Should I send off the recission acceptance now or give them the chance to confirm? The date to remedy before has passed. I have a SAR request in also (only in the last couple of weeks) if they have terminated how will it effect that? Many thanks in advance

I thought I had posted in the relevant forum Thank you for your help its appreciated.

Thanks for that foolishgirl will write the letter later. I am unsure about the default being defective from what I have read they have to give you 14 days which they have ??? what am i missing:???: I need to do some more reading on here its a great source mind boggling though! I appreciate all input anyone else been there with MBNA? What did you do?

IMPORTANT - YOU SHOULD READ THIS CAREFULLY Default Notice Served under section 87(1) of the Consumer Credit Act 1974 We refer to the above agreement (cc Number) which you have entered into with us. Paragraph 8 of that agreement provides that you must repay immediately the amount of arrears on the account. You are in breach of that clause becausee you failed to make such payment and are seriously in arrears. A stop has been placed on your card. In order to remedy this breach we must recieve a payment of XXX by the 25 April 2010. Your account balance is curently XXXX IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. On or after the date shown, your account will be closed and the credit agreement will be terminated and we may take court proceedings to recover the whole amount owed by you to us. Further statements will not be issued. Please note that if we terminate your credit agreement; your full balance will be payable immediatley and that you will still be personally liable to pay all amounts which become due to us, for example, any subscriptions and regular payments that you have not stopped or outstanding credit card cheques. IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME. IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, OR YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZEN'S ADVICE BUREAU. This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included you should contact us to get one. Yours sincerely xxxxx

Hi foolishgirl the letter was sent first class on the 8th April recieved on the 9th. They have give me deadline of th 25th to pay arrears. Am not sure of the exact date I took the agreement but it was easily 8 years ago. The S77/78 was not sent recorded but I have found a letter where its acknowledged that they were dealing with my request. Nothing since then though. They have not replied to the account in dispute letter. To give you some more info I am in a debt management programme and MBNA have been accepting payments from them for the past 5 months. Also I quieried the balance as it is made up of fees and interest they say I owe but have yet to prove how they came to that conclusion. Maybe I should Subject access request. Actually now that ive re-read the letter its a bit baffling I may have to post seperate on that one! I am unsure how to post up the doc itself in meantime will find one the same on here and put up a link. I am concerned about hanging fire then again I dont have what they are demanding anyway. Many thanks for your reply:-)