MBNA old default on credit file / Default ccj / Aktiv Kapital now on credit file

[mab177]

Hi All,

a long story goes like this,

 

Had an abbey credit card issued thru MBNA around April 2004,

due to a change in employment I stopped making payments around 04/11/2008.

 

On 30/06/2009 MBNA marked a Default on my credit file - Default Balance £3512. I believe that this was sold onto Experto credit.

 

On the 27/06/2010 I was given a judgement by default by Northampton county court, claimant Varde Investments Ireland ltd.

Judgement amount £3978.00.(On my credit file).

(Obviously judgement went undefended by me).

 

I then started to have a few letters/forms from my local court, attachment of earnings orders, letters to attend court for questioning etc (ignored them, stupid I know),

 

In the time of all this I moved to a new address, to which I then received a letter from my local county court

saying to attend court for questioning (Oral examination) on 14/11/2012 or face prison for 7 days blah blah blah

- (I did attend court this time).

This examination record was sent off by the court Back to Varde.

 

A few days later (after attending court) A letter dated 16/11/2012 comes thru the door from a Company called Aktiv Kapital AS, zug branch

stating they had bought the interest from Varde Investments,

 

we are the new legal owners of this debt under this account and we have appointed Aktiv Kapital UK Ltd to collect any and all outstanding sums.

 

They go on to state that under the DPA act 1998 they are the data controller and will process any such data assigned with the account,

and upon receipt of this letter I must contact them on (tel no.) so that we can discuss your options with us.

 

On the 5/12/2012 I receive a letter from my local county court stating that Aktiv Kapital be substituted as claimants in place of Varde investments.

 

Not long after this above letter I receive a Notice of issue of a warrant of execution dated 17/12/2012

claimant being Aktiv capital AS zug branch,

unless I pay the claimant £4127.12 by 22/12/2012

otherwise bailiffs will call and remove your goods etc etc.

 

In a panic I filled out a N245 asking for stay of execution and that I can offer £15 a month.

 

Letter back from judge happy with that and must make the monthly payments start from 5/02/2013.

 

Another company by the name of IND sends a letter for direct debit details and payment is made to them. So that’s the way it’s all going at the moment.

 

NOW, upon a very recent viewing of my credit file with Equifax,

I notice Aktiv K have put a default on my file under my new address (remember MBNA default and ccj is under my old address.)

this default goes by the heading of - Credit Card from Aktiv Kapital ,

i do notice it has the same default date as the MBNA (30/06/09) though the Update date reads 31/10/2012, default /delinquent balance £3512 current balance £4078

 

RIGHT this is the part where if possible id like you experienced people to pick out any flaws in this information I provided,

ask any question you might like me to answer, provide any information,

any kind of letters I could send and to who and ask for such info, any thing that you might see as a bit of help.

 

Some of my queries are:

1. How would the original default amount from MBNA £3512 be different to the amount now claimed by Aktiv k £4078 how would this occur, is it legal.

2. Aktiv K updated my credit file on 31/10/2012 but the letter they sent me claiming they are now the legal owners after purchasing the interest from Varde Investments is dated 16/11/2012

3. Should I have received some sort of notice of assignment from Varde or notice of default from Aktiv before they marked a default on my file.

4. Can aktiv place the default under my new address, although the MBNA default and ccj is under my old address?

5. Can I have 2 defaults on my file for the same debt/account?

 

Think that’s it. Am really sorry if you feel I’ve gone on to far but this is the only way I felt I could describe the situation,

King Regards Mark.

 

p.s I have recently SAR’d MBNA the original creditor , things I received back are , comms log ,

list of transactions throughout the active account,

letters from the regarding my ppi claim ,

and a copy of the application form/credit agreement as the fold n seal type postal application with my signature on it.

[dx100uk]

1. legal fees see the judgement box.

2. no issue

3.not really. happens al the time

4./5 a debt CANNOT appear twice on your CRA file.

 

dx

[BRIGADIER2JCS]

1.court cost added?

2.the dates are ok, the date of the notice of assignment (this letter is the NOA) is likely to be a month or so different from the date the debt was sold and AK updated the files.

3.You have had the NOA see above.

4. Yes the data supplied to the credit reference agencies MUST be current, and accurate which it now is.

5.One entry will show the default as satisfied (due to the debt being sold) the other will show the new owners details ( the debt purchasers details) with the same default date as the original entry.

 

With the app form/agreement is a typical MBNA dual purpose document BUT should have all the terms and conditions relevant at the inception of the account and any ammendment made during the life of the account and those at the closure of the account, these were usually supplied in booklet form.

[mab177]

1.court cost added?

2.the dates are ok, the date of the notice of assignment (this letter is the NOA) is likely to be a month or so different from the date the debt was sold and AK updated the files.

3.You have had the NOA see above.

4. Yes the data supplied to the credit reference agencies MUST be current, and accurate which it now is.

5.One entry will show the default as satisfied (due to the debt being sold) the other will show the new owners details ( the debt purchasers details) with the same default date as the original entry.

 

With the app form/agreement is a typical MBNA dual purpose document BUT should have all the terms and conditions relevant at the inception of the account and any ammendment made during the life of the account and those at the closure of the account, these were usually supplied in booklet form.

 

point 5; mbna's default does not show as satisfied though

[BRIGADIER2JCS]

point 5; mbna's default does not show as satisfied though

 

This you must challenge with the Data Controller at MBNA, you can also place a notice of dispute on the files, you will though need to check all the CRAs as this will be on Experian, Equifax and Call Credit.

[mab177]

This you must challenge with the Data Controller at MBNA, you can also place a notice of dispute on the files, you will though need to check all the CRAs as this will be on Experian, Equifax and Call Credit.

Ok thanks, would u have any pointers as to what kind of letter I could send to mbna and any quotes / wording I may be able to use in the letter

thanks Mab

[BRIGADIER2JCS]

Give me a w3hile to feed my face and I''ll draft something for you.

[BRIGADIER2JCS]

Send the Following Letter to:

 

The Data Controller

MBNA

 

Ref:Account No. xxxxxxxxxxx

 

Sir/Madam,

 

I have recently checked my credit reference files held by XXXXXX credit reference agency I enclose a screen print of the entry which shows the account as an unsatisfied default, this is clearly inaccurate as MBNA has sold this account to xxxxxx and this company has placed a defaulted account record on the files a well, this gives the impression that I have two defaulted accounts in my name.

 

I therefore require MBNA to remove the entry made in its' name with immediate effect as this gives a misleading picture of the conduct of this account.

 

Please confirm your compliance with my request within 7 working days of the date of this letter.

 

Use RM recorded delivery.