Are MBNA in default of YOUR cca request?

[redsue]

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

 

sorry to be thick - what's an SD?

[humbleman]

Statutory Demand, first step towards bankruptcy

[redsue]

Statutory Demand, first step towards bankruptcy

 

Amazing, when the haven't even got the correct paperwork.

 

If someone told you this tale down the pub you would think they were taking the pi**

[Laura Cooke]

Forgive me for also being thick DD but are you saying I didn`t need to let the creditor know that their account is in dispute? I wrote under 31.16 for my hubbie`s agreement on the 15th December they responded on the 29th December stating they couldn`t locate the signed agreement

 

They sent a DN to me 7th December this was to be remedied by 29th December this DN as been looked over and is ok

 

Sent for sars 2-1-10

[diddydicky]

Forgive me for also being thick DD but are you saying I didn`t need to let the creditor know that their account is in dispute? I wrote under 31.16 for my hubbie`s agreement on the 15th December they responded on the 29th December stating they couldn`t locate the signed agreement

 

They sent a DN to me 7th December this was to be remedied by 29th December this DN as been looked over and is ok

 

Sent for sars 2-1-10

 

its ok laura my remarks were intended in response to the SD demand

 

its what happens when threads get hijacked and you end up with more than one topic being raised

 

if you send a s78 and they dont comply it is not necessary to keep reminding them - they KNOW what they have to do.

 

admitting that they dont have the agreement and therefore being well aware that they are prevented from enforcement it was rather silly of them to serve a DN- something that they will later come to regret as we talked about earlier

 

you are fortunate- most creditors are not so accommodating as to actually admit they are in breach before the fact.

[Laura Cooke]

Thanks DD but does it matter that DN was sent 7th December before they admitted they couldn`t locate the signed agreement?

[diddydicky]

in my opinion no,

 

They were prevented from enforcement by their failure to comply with s78

 

the fact that they did not bother to check if they were in default of their obligations under s78 before they started to enforce is of no relevance, - its just that many of them try to deny they were in default - whilst it would have been handy for that admission to have been made first (and i must admit i thought it had- sorry) it makes no difference

 

the fact that they have admitted that they were in default of s78 is a bit like a self basting turkey

 

just pop it in the oven and let it cook- so to speak

[Laura Cooke]

Sorry DD think I worded things wrong creditor sent me a DN 7th December then I sent for CCA 15th December so their DN sent before I started anything with them

[redsue]

just dug out the information that I received from the last SAR - they have supplied me with a comms log

 

 

information in RED is me hiding information

information in BLUE is me highlighting

information in BLACK is scrubbed out by MBNA themselves

 

Any comments anyone

 

no DN received, no termination letter sent, defaulted with CRAs 27.11.07 - I need to know whether a DN was actually sent to me as I never received it.

 

At this stage I don't even know who has the debt as I'm not being pursued for it

[diddydicky]

if they sent the information for the SAR request on 28/09/07 then how did you get a log that goes up to 10/02/08??

[redsue]

I've sent 3 SAR requests in total and for the final one I had to report them for non compliance to IC who did diddly squat.

 

Final SAR request was 23/10/08 - sent to me 21.01.09 - this was included in the final paperwork sent. FInal info date is 19.01.09.

 

Any enlightenment on the content of the comms log regarding lack of DN - why MBNA allowed to hide information in the SAR?

[diddydicky]

any sheets before 24/09/07 - say for about 2/3 months to be sure

 

certainly no sign of a dn on those

[redsue]

I've got tons of them!

What if I put up all comms log since 1st CCA letter sent in?

[supasnooper]

Most of the MBNA Comms Logs I have seen do have an entry with the date of issue of the DN.

 

Most creditors use a screenshot to say a DN was issued, typical of MBNA as that they can't in this case !

 

If it isn't on MBNA's log then it is highly likely that they haven't issued a Default Notice.

A very hard one for MBNA to prove that they sent one as it isn't on their own Comms log.

[diddydicky]

Most of the MBNA Comms Logs I have seen do have an entry with the date of issue of the DN.

 

Most creditors use a screenshot to say a DN was issued, typical of MBNA as that they can't in this case !

 

If it isn't on MBNA's log then it is highly likely that they haven't issued a Default Notice.

A very hard one for MBNA to prove that they sent one as it isn't on their own Comms log.

 

post them up anyway - just so we can all have a butchers and you can be 100% sure

 

looks like you might be having an extra birthday this year!!

[supasnooper]

post them up anyway - just so we can all have a butchers and you can be 100% sure

 

looks like you might be having an extra birthday this year!!

 

Here's one that springs to mind - http://www.consumeractiongroup.co.uk/forum/show-post/post-2314381.html

 

 

....and there are others on the site.

[diddydicky]

Here's one that springs to mind - http://www.consumeractiongroup.co.uk/forum/show-post/post-2314381.html

 

 

....and there are others on the site.

 

thats a Notice of Default- not a default notice!!

[supasnooper]

thats a Notice of Default- not a default notice!!

 

Yes, but NOD is how MBNA describe when they have sent a Default Notice on their Comms log.

 

On 18/06/08 and 27/10/08 was when they sent fairby the Default Notices.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2024665.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2024362.html

 

Of course we both know a Notice of Default is something entirely different but we are dealing with MBNA here.

Edited February 6, 2010 by supasnooper
typo

[diddydicky]

Yes, but NOD how MBNA describe when they have sent a Default Notice on their Comms log.

 

On 18/06/08 and 27/10/08 was when they sent fairby the Default Notices.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2024665.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2024362.html

 

Of course we both know a Notice of Default is something entirely different but we are dealing with MBNA here.

 

i see, very interesting ...thanks

[vint1954]

Yes, but NOD how MBNA describe when they have sent a Default Notice on their Comms log.

 

On 18/06/08 and 27/10/08 was when they sent fairby the Default Notices.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2024665.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2024362.html

 

Of course we both know a Notice of Default is something entirely different but we are dealing with MBNA here.

I think you are being a little harsh on the critters supasnooper. It is quite dificult to transfer Default Notice into a code DN. You would need at least 3 brain cells for that:) ( senior management)

[redsue]

my scanner is offline until Monday so I'll scan the comms logs in then. I can see no log myself about any Default notice - my only concern is that if I should poke them now then they will send a DN and I'll be stuck with another 6 years default on my credit file - If they haven't issued a DN could I now sue the CRAs for publishing untrue information?

[redsue]

Here are all the Comms Logs from MBNA from when I sent in the 1st CCA letter.

 

A default was registered with the CRA's on 27.11.07 - I didn't receive any DN at all.

 

Can anyone see any reference WHATSOEVER to a Default Notice being sent to me please.

 

Items in black I've deleted.

Items with red blob next to it MBNA have hidden the info in the SAR.

 

 

many thanks in advance - I really don't know what to do at the minute as it seems they have never sent a DN yet have been registering info with CRAs for over 2 years

[matsinlondon]

The notes say that the contract has not been canceled so it likely hasn't been terminated and it is quite possible they have not issued a DN> If that's the case they will rely upon a letter they should have sent you which would not have been a DN but a notification of an intention to register a default. That's different to a DN and for that they would rely upon the Banking Code - a cosy set of 'rules' that lenders have made up for themselves but which is a voluntary ode and has no weight in law. However, for that reason you could likely only challenge them legally. I've posted on this issue previously so there will be more info there.

[redsue]

So unless I take them to court which I don't want to do - it can stay on my file forever???

I've never bothered complaining to the FOS as I believe them to be as useful as a chocolate fireguard - is it worth starting a complaint with them now do you think?

[citizenB]

So unless I take them to court which I don't want to do - it can stay on my file forever???

I've never bothered complaining to the FOS as I believe them to be as useful as a chocolate fireguard - is it worth starting a complaint with them now do you think?

 

It can only stay on your CR file 6 years from last acknowledgement of debt.

 

You are wasting your time complaining to the FOS in respect of a CCA issue. They will side with the bank.