No, thanks I appreciate the advice - after reading and reading and reading and reading I realise that I don't want to be taking them to court. I also have no idea whether or not the account was terminated. BUT, if they did reissue the DN and it was legit would I then have the opportunity to remedy it (pay it off) so therefore no adverse data would be on my credit file???

Hi DD This is the only thing I have which mentions a default. It's funny though as I never had any dodgy pink postcards just letters.

Hi DD I got the usual standard template ones demanding the minimum payment and the subsequent arrears. I did get a letter headed 'IMPORTANT DEFAULT NOTIFICATION' but it is in no way, shape or form is this an official DN notice, I imagine they send these out to scare people. This was sent in July 07, default issued Nov 07, charge off adjustment Nov 07.

thanks guys for the input:) I've heard nothing from them at all but I want to try and get rid of the defaults on my account. How can I be sure that the account is terminated and that they don't reissue the DN if I start poking them? I take if that the 'charge off' does mean its terminated? xRx

Hi everyone - I've been having an epic battle since Mar 07. Could someone pop over to here to help? http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-5.html#post1375454 I have a cc agreement from 1993 with no prescribed terms, they have admitted they have no prescribed terms and sent me t&cs from 1995 to show me 'what they would have looked like'. I've sent numerous letters and 3 SARs requests over a period of time but there is no sign of - a default notice - a termination letter How can I find out if a valid DN exists? Surely it should be in the SAR requests? If there is also no termination letter I don't want to poke them for them to reissue another one 2 years in! Apologies Pinky for hijacking

TA DA! Right I'm back again wanting to have another go at this - I've spent ages reading up on CPR 31.16, dodgy default notices and my brain is beginning to hurt. Brief Update - A&L Card from 93, app form but not T&Cs, they have admitted they don't have them but sent me some from 1995 instead, no default notice, no termination letter, no notice of assignment, default registered with CRAs since Nov 07. At the moment I have absolutely no idea if a default notice exists and whether the account has been sold or not. I've been going through the paper work from the last SAR request I sent them and it mentions a 'charge off' - does this mean the account has been terminated. Despite me writing to them on 2 further occasions for a copy of the default notice they have ignored my letters. I wish they would take me to court but they won't do that as they know they don't have the correct paperwork - remember this battle has been going on since March 2007. My thoughts at the moment are to issue a CPR 31.16 to find out if they have a) a default notice b) letter of termination c) the prescribed terms and t&cs which are missing from CCA. I can then decide which route to go down - any thoughts anyone? The last thing I want is for them to re-issue the DN when I've already had the default marker for over 2 years

What do you need me to do and where do I sign? I've had a dispute with MBNA going back to Mar 07. Defaulted Nov 07 despite no DN - I've asked for a copy of the DN about 3 times - never been produced. I have a big fat file on them. Just let me know what you need me to do

please anybody? my daughters being christened on Sunday and I've got to deal with this tomorrow. Just want to know where I stand in terms of contract?

Hi - can anybody please advise where we stand legally. My daughter is being christened this Sunday and we booked a venue for a party afterwards. The venue does not handle the booking directly. A third party company handles the booking for the venue and the payment and booking was made with them. The venue was originally booked in February and full payment was sent back with the booking form at the end of March. The cheque was cashed. The christening was orginally 10.45am so the venue was booked from 12 midday until 7pm at night. We didn't think we would need it this long but thought it be best to have loads of time to clear up etc. At the beginning of April I rang the 3rd party company to double check the booking arrangements before I sent out the invites.The booking was confirmed to me again. Unfortunately, 2 weeks ago, the church advised us that the christening time needed to be changed until 3pm. Again, I contacted the 3rd party company to ask could we extend the the time until 8pm as the christening had been rearranged. The girl on the end of the phone assured me the booking was fine but she couldn't guarantee we could have the hall in case there was another booking afterwards from 4pm. I told her we had the hall until 7pm - no she said its 1pm until 4pm - no I told her, we have booked it over 4 months ago it's till 7pm - its on my original booking form which I sent back with full payment. The person who handled the bookings was not there but would ring me back. By today I still had no phone call so I rang the 3rd party again to ask the question - they would have to call the venue and get back to me. At 5pm this evening the venue called to say we could only have the hall until 6pm and that it wasn't his fault but he had a members event from 7pm. As you can imagine I'm furious about this - I have people coming from all over the place and we have to leave at 6pm. It's not like I even booked it just last week - I booked this in February, paid in full in March with the booking form and have called back at least 3 further times to ensure they have the booking. Sorry for being so long winded about this - my question is? Once the 3rd party accepted my booking form and cashed the cheque - is this a binding contract? The venue are washing their hands of this blaming the 3rd party company but that really doesn't help me. We'll be having a peaceful sit down protest the way things are going! What on earth has happened to customer service these days? This must be about the 3rd time I've had with issues with various companies over simple things...

will do corn - I'm off to get the babs from nursery, homework, cook tea, yadda yadda yadda - catch up later

erm - coming up to 2 years now! my daughter is now 15 months old so that gives you some kind of idea how long this has been going on for ALL of us. I think I've spoken to your sol - if its who I think it is - I think I may well go ahead and use him as you recommend him so highly best wishes corn - I'm so pleased for you

hi Corn - I'm so glad you've finally settled this to your satisfaction. MBNA are still on my wanted list. In the case of the DN unfortunately I don't have one! MBNA never sent one and when pushed further with another SAR failed to include it in that. Instead of having a faulty DN I simply don't have one! So they can cut and shuffle agreements and also default you with the CRA's without a DN - priceless!

I've written to MBNA numerous times including there solicitor - they just ignore me now. However, they have proven to me that no default notice sent as it's not in the Subject Access Request request. They can't have it both ways - can they? I've had no notice whatsoever that they have sold the account on (they have - dodgy calls from some numpty who I soon saw off) and they won't take me to court as they have no paperwork. status quo that's suits no one but MBNA I'm seriously considering taking them to court.

I have a letter from MBNA admitting they do not have the document containing all the prescribed terms - therefore no consent to process data - I also have proof from MBNA that no default notice was issued. It seems that MBNA simply make up there own rules. How can I get this resolved? Do I have to take them to court?

hi MIL - thanks for your reply - forgive me but don't they have to follow the CCA 1974 - isn't this the law?

SAR documentation finally arrived - surprise, surprise no default notice - I never filed the documents at court due to a family bereavement. I'm thinking of amending the POC to specifically include the failure to send Default notice which should have been issued under s.87 CCA 1974. in order to default me with the CRAs. what d'ya think?

tick tock - no reply to SAR - I've got my court papers all ready to file on the 10th if they fail to respond..... I'm guessing they are still scratching around for the non existent prescribed terms that they admitted they do not have and the default notice I never received.... just the ammunition I need...

I also would add to CB comments it's not my policy to roll over a pay you without proof of a properly executed credit agreement

i didn't know

thenerve.tv I signed up to be an executive producer for this concept (although I'm a 'silent' one - don't have the time to really get involved) go and have a read at the concept behind this site. It might be worth getting in touch with Mark Bowness

thanks x20 - I've held back from pursuing this as I know if will most probably come down to a district judge to rule on this and that is where the problem lies How can a DJ possibly know the in's and out's of the CCA 1974?

surfaceagentx20 - thank you for this fabulous gem of a thread. I'm in a situation where I am keen to take the CC company to court to stop them from ruining my credit file. I've a long running thread here http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round.html#post729106 which I won't bore you with but to quickly recap, they have admitted in writing that they do not have the prescribed terms. They refuse to answer any of my letters now and as far as I know have not sold it on. But they continue to damage my credit file with a default - no official DN served - I'm currently waiting on another SAR from them to try and dig up this DN. Could CPR 31.14 be used as a claimant? I'm keen to have this issue cleared up once and for all - I'd like the agreement deemed unenforceable with s 127 in court.

pi-stoff you may get some more help and advice if you ask a mod to move your thread into Legal Issues. If you click on the red triangle I think it alerts a mod to your thread. There will also be plenty of people in that thread who are sharing a similar experience as you. good luck

hiya maz - yes even though the proceedings are issued online you would still be notified and the process would be no different to serving the papers at the court (except they can omit any documents they wish online) Oh how I wish they would take me to court - they wouldn't stand a chance as they have admitted to not having the prescribed terms. I'm waiting for them to respond to another SAR (I want to find the default notice that never arrived) and the minute they fall over the 40 days - I'll take them to court and let the ICO know all about their failings.

hee hee another case of sexual discrimation