Are MBNA in default of YOUR cca request?

[Laura Cooke]

Isn`t the advice not to take the case to court and to let the creditors take you to court because of the Waksman judgement?

[vint1954]

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.

 

Best to leave that one alone. Following recent cases it appears ill advised to take them to court. Much better to defend.

 

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. You would know. Someone would be chasing the money.

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.

 

That means that they have charged the debt off to get tax releif, so yes they have terminated or closed the account.

 

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

 

If they have closed the account, they should not be able to reissue a DN. Are they hounding you for payment? It is strange that they have not done something before now.

[diddydicky]

Isn`t the advice not to take the case to court and to let the creditors take you to court because of the Waksman judgement?

 

Personally I have never advocated taking the creditor to court and nothing has ever changed my mind to do other than defend.

 

its too risky and can land you with a bill for costs which is more than the debt

[SteveH2508]

To use a military analogy - if you are attacking, you are out in the open getting shot at, unable to see your enemy and very vulnerable. If you are defending, you are dug in a bulletproof trench shooting out - where would you rather be?

[diddydicky]

at home watching the footy!

[redsue]

thanks guys for the input:)

 

Have they made any demand for you to pay the full outstanding balance of the account at any time? (or terminated)

 

No none - I got all the usual letters of pay up or else but since they registered the default I've only had 2 phonecalls from a DCA about 2 years ago and I wouldn't confirm my identity so I think they gave up.

 

if they have- have you made any payment to them since that demand?

 

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

[diddydicky]

the letters demanding you "pay up" what amount were they asking you to "pay up"

[redsue]

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.

[diddydicky]

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.

 

i think you should post that up so we can have a butchers

[redsue]

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.

[diddydicky]

i see yes it is a threat only

 

 

so now attempt after that to terminated

[diddydicky]

having re read your thread i have to say that IMO you are in an awkward position.

 

You should remember also that my advice is based on a natural tendency NOT to start an action against a creditor

 

I personally would sit back and let the clock tick away.

 

remember if you start issuing 31.16's they are entitled to claim their costs of compliance with your request.

 

I think you will have a tremendous battle trying to get the adverse off your credit files.

 

as far as them ever claiming against you, and based on what you have provided so far it would seem very unilkely .

 

sorry if that sounds negative but i just think you would be on a hiding to nothing

[redsue]

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???

[diddydicky]

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???

 

that is what complicates things since the adverse info you talk about is already on your file (you say)

 

in the case of a valid DN they should not be able to place the adverse on the file until AFTER you have failed to comply since the damage is already done to your reputation if they put it on before and therefore s89 is not acheived

[redsue]

The DN which I genuinely did not receive, let's assume it's valid, surely I should have received a copy of it in my SAR?

 

I also never received any termination notice, also not in the SAR.

So do I complain to information commissioner about the SAR or really keep schtump for the next 4 years until the default drops off.

 

However, if the DN note is defective, and they haven't sent me a termination letter, if the DN was reissued, would it have Nov 07 date on it or would it have JAN 10 date on it?

 

I am financially in a better position now and may be able to pay off the default and if I can get them to reissue the DN the surely I can remedy the breach?

 

I can't be doing with a dodgy credit file for another 4 years!!

 

I'm waffling now! thanks DD

[Laura Cooke]

My hubbie as 2 accounts with MBNA and he was sent 2 letters titled "Important Default Notification" August 2009 then just one default notice for 1 of the accounts this January whilst the accounts were in dispute as they have sent 2 unenforceable agreements in November 2009

[diddydicky]

The DN which I genuinely did not receive, let's assume it's valid, surely I should have received a copy of it in my SAR?

 

I also never received any termination notice, also not in the SAR.

So do I complain to information commissioner about the SAR or really keep schtump for the next 4 years until the default drops off.

 

However, if the DN note is defective, and they haven't sent me a termination letter, if the DN was reissued, would it have Nov 07 date on it or would it have JAN 10 date on it?

 

I am financially in a better position now and may be able to pay off the default and if I can get them to reissue the DN the surely I can remedy the breach?

 

I can't be doing with a dodgy credit file for another 4 years!!

 

I'm waffling now! thanks DD

 

no, you wont get a copy of it in your SAR

 

there is (usually) only ever ONE DN printed off 9the one they send to you)

 

what you SHOULD see on the comms log in your SAR is the date that they issued it!! (The date that they asked the computer to print it off)

 

same for the termination

[redsue]

My hubbie as 2 accounts with MBNA and he was sent 2 letters titled "Important Default Notification" August 2009 then just one default notice for 1 of the accounts this January whilst the accounts were in dispute as they have sent 2 unenforceable agreements in November 2009

 

Have you checked the DN notice and is it valid?

 

see this very long thread for more info

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html#post2127681

 

they WILL default you - whether agreement is enforceable or not.

[redsue]

no, you wont get a copy of it in your SAR

 

there is (usually) only ever ONE DN printed off 9the one they send to you)

 

what you SHOULD see on the comms log in your SAR is the date that they issued it!! (The date that they asked the computer to print it off)

 

same for the termination

 

Bizarre that there is only ONE copy kept when they are such an important legal document!!

 

I'll go back and double check the comms logs - the only thing I can find about anything is a charge off comment 3 days after the default was registered with CRAs.

 

watch this space....

[humbleman]

MBNA didn't issue me a DN, they did send a letter that if I don't carry on paying them something they will register a default. Sold to Arrow and now they have issued a SD.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/244401-help-humbleman-got-sd.html

[diddydicky]

MBNA didn't issue me a DN, they did send a letter that if I don't carry on paying them something they will register a default. Sold to Arrow and now they have issued a SD.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/244401-help-humbleman-got-sd.html

 

a SD cannot be issued against an debt that is in dispute, so if you have paper evidence of a dispute they are F ***d

[Laura Cooke]

Have you checked the DN notice and is it valid?

 

see this very long thread for more info

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html#post2127681

 

they WILL default you - whether agreement is enforceable or not.

 

 

No the default was 1 day out, yes read MBNA will still send DN when account in dispute:-)

[Laura Cooke]

Have you checked the DN notice and is it valid?

 

see this very long thread for more info

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html#post2127681

 

they WILL default you - whether agreement is enforceable or not.

 

 

No DN was 1 day out:-)

[Laura Cooke]

DD what is paper evidence of a dispute? only I never told 1 of my creditors that they are in dispute when they informed me that "We cannot locate your signed agreement" as you advised me their was no need as the creditor would be well aware that they are in dispute another poster as said that you are supposed to send a letter of dispute? as I understand it their was no such response I could have sent as I did a 31.16 request not a cca request and no template letters covered a area for this

[diddydicky]

DD what is paper evidence of a dispute? only I never told 1 of my creditors that they are in dispute when they informed me that "We cannot locate your signed agreement" as you advised me their was no need as the creditor would be well aware that they are in dispute another poster as said that you are supposed to send a letter of dispute? as I understand it their was no such response I could have sent as I did a 31.16 request not a cca request and no template letters covered a area for this

 

in terms of defeating a SD it is necessary to show that the debt was disputed.

 

simply saying "i disputed it" isnt good enough whereas letters back and forth showing that the debt was being disputed is sufficient to defeat the SD

 

SD's are really only intended to be issued against uncontested debts where the debtor wont pay/come to an arrangement

 

the cost if issuing one can be anything between 700-1500 quid an the danger for the applicant is that if it leads to bankruptcy he could get diddly squat

 

usually normally only used in business but increasingly being (wrongly) used as a debt collection tool

 

i think since last year the courts are stamping down hard on offenders