Default on disputed debt

[emmaphill]

Hi

 

I am in process of claiming back unlawful penalties with MBNA its at court stage and to my horror i have just had my credit report and they have defaulted me on the 29th September 2006! the account is in dispute so i didn't think they could do this. Any advice anyone? Much appreciated as i am really annoyed and don't know what to do next!

[pford]

did they send you a default notice as stated under sections 87 and 88 of the CCA 1974 ACT.

[rogerebaker]

Have a look at S13/6 of the banking code.

 

States they will not supply details of a debt to CRE agencies if the amount is in dispute.

 

And yes MBNA are members

 

http://www.bankingcode.org.uk/pdfdocs/BANKING%20CODE.pdf

[boxster]

Hi there in the same position disputed amount I am in the process of addressing illegal issue of default notice not only being in dispute but also penalty by way of unautherised overdraft and interest.

 

Regards boxster

[alexifa]

If you have been defaulted while the account was in dispute, the bank has breached The Banking Code. I would suggest writing a preliminary letter to explain to the bank that the account was in dispute and they have signed up to the Banking Code that prohibits this. Tell them they have 14 days to remove the default or you will send them a letter before action giving them 14 days to comply or face court action. If you have no joy by this stage file an N1 application to the County Court to have them remove the default as the account was in dispute. When you signed up to this account you knew the bank was a member of the Banking Code and this was a significant reason that you went to them in the first place. Even though the Banking Code is voluntary membership you can treat it as though it were an integral part of the original terms and conditions for the account.

 

I have done this and the default was removed and court fees refunded after I filed the claim.

[boxster]

THANKS FOR THE ADVICE I HAVE GIVEN THEM 14 DAYS TO REMOVE OR COURT ACTION WILL BE TAKEN LETS HOPE I GET A RESPONSE.

 

REGARDS BOXSTER:lol:

[alexifa]

Good luck!! Let us know what happens.

[emmaphill]

Thank you for your help and reply its much appreciated. I have taken your advice and written to them. I also thought I would make life that little more difficult for them and requested a copy of my credit agreement. I have had enough of their actions!

 

Good luck boxster let me know how you get on too!

[sohoscribbler]

Any updates?

[emmaphill]

Yes and sorry for delay in posting! MBNA finally settled my monetary claim but are fighting the removal of the default and sent a very confusing letter to me! I have asked for a copy of my credit agreement and things have gone quiet for now.

 

In their letter they are stating that i am getting confused about my default. I quote 'May we firstly explain the difference between the Notice of Default and the default that was registered on your credit file. These issues are seperate although potentially confusing' Yep you are right there! Am still trying to get my head around the whole letter and will post back when i am more clear!

[chezt]

Hi all ... sorry to barge in on your thread but I could do with a bit of info here. i haven'r really been thinking about the default removal process yet as my theory was to deal with claiming back charges etc first then deal with this later. BUT I have just started a DMP with CCCS & have received two default notices so it's kinda forced the issue really. One of the accoutns will be totally clear once all charges are refunded so I understand the theory of caliming removal of this one.

 

What I can't get my head round is the other as it's only a claim on part of the balance of a credit card .... Basically how can I get the default removed when I have defaulted? I've just started reading about this & is it because it's now a disputed account??

 

Sorry if I'm being dim here but as I say this bit is all new to me ... some clarification would be muchly appreciated

 

Thanks in advance