i would suggest that the account defaulted long before the IVA that latterly failed.?

when did you cease payments to MBNA?

or p'haps more correctly, didn't meet the required monthly minimum payment?

The IVA failed sometime ago now and as far as I know the last payments made were in about 2015.

Max Recovery/Drydens have failed to produce the deed of assignment when asked for on numerous occassions.

"The account is showing on the entry that it went into default on 3rd August 2012.

This date is wrong because I actually defaulted on the 1st June 2012 when the IVA came into effect."

 

Ah so its not recently been placed by Fairfax in May 2017..but was entered by MBNA on 3rd August 2012..it is normal to be 2/3 months after default.

 

You cant sue Drydensfairfax ..they haven't damaged your credit file...but simply inserted their name in place of MBNA after the debt was assigned.

 

Your only argument is that it should be Max Recovery and not Fairfax....not that it makes much difference to you,,,but the ICO may be interested

Thanks Andy.

The ICO advised me to write a letter of complaint about these issues to Drydensfairfax.

A letter will be sent out today recorded post.

Will need to give 8 weeks for a reply.

As Drydens are not the debt purchasers they have no legal right to place a default or record anything derogatory on my credit file.

well they don't have to produce the deed of assignment

that freemen of the land twaddle

you mean notice of assignment

but anyway even if they don't have it

its MBNA that placed the default

you need to read my post again

as even though you quoted it

you still didn't read it..

when did you cease payments to MBNA?

or p'haps more correctly, didn't meet the required monthly minimum payment?

I politely suggest

that was months maybe even years before you ever thought of the IVA?

if this is correct and you can prove it

by getting all the statements from MBNA via an sar

I would suggest the default should have been filed way before 2012

so thus if you get it moved by them.

following a complaint

the whole account will vanish from your file

as it will be older than 6yrs defaulted.

problem solved

Thanks.

I have just found out today that the data controller for this debt is the owner Max Recovery Limited.

Does that make sense!?

but immaterial

the SAR goes to MBNA

dx

I have just found out today that the data controller for this debt is the owner Max Recovery Limited.

 

Does that make sense!?

Yes....see my post #27

" Your only argument is that it should be Max Recovery and not Fairfax....not that it makes much difference to you.....but the ICO (Information Commissioners Office) may be interested "

Drydensfairfax solicitors sent me this via email today.

It does not include my full name, no address and no account number.

Its not an actual deed of assignment is it!?

MBNA.pdf

You wont get a DOA - its a document that holds numerous peoples info and is private between the DCA and OC - Only a judge can see it.

This is a NOA and quite frankly a dodgy one at that.

How do you mean dodgy!?

I'm expected to send a reply, so don't know what type of letter to send in response.

Just a general round robin to all.....only 5 years old.

Not even dodgy..... its not a valid Notice of Assignment

Andy

Thread be merged - Try to keep to one

Ta

FKO

Sorry for being thick, how do you mean by not being valid?

Its missing my full name, address and account number!!

Sorry for being thick, how do you mean by not being valid?

 

Its missing my full name, address and account number!!

Precisely...thats why its not legally valid ....its a round robin

LOL

So if they try and issue proceeding, whats the best way to put in a defence?

Thats dependent on your circumstances.

However if they try to use that as a NOA then they are totallyoutta luck

LOL thanks!!

LOL

 

So if they try and issue proceeding, whats the best way to put in a defence?

Wait until /if they issue one ...then you look at that.

Thanks.

They are saying they are putting the account on hold for 14 days before commencing debt collection activity.

I wonder what that entails ?

Don't worry I'm sending a letter today, saying no deed of assignment no debt, plus the notice of assignment was sent via email according to section 196 of the Law and Property Act 1925 any notice should be sent by registered post!!

Don't worry I'm sending a letter today, basically saying no deed of assignment no debt, plus the notice of assignment was sent via email according to section 196 of the Law and Property Act 1925 any notice should be sent by registered post!!

Please dont.....simply ignore them

Okies.

Can I use this in defence if they put in a claim?

Now your getting the idea...assuming they issue a claim..till then ignore them.

I think they know they are screwd!!

Makes you laugh putting the account on hold for 14 days!!

They can feck off!!

I will get help with remission fees as I am on contributions based esa of £110 per week.

So, if I win (fingers crossed), can I sue them for stress without proving a valid debt!?