Advice needed MBNA Default

[compsoz]

HI all ..First post so if things go a bit pear shaped ...excuses...

 

Sent this letter to MBNA regarding an issue of a default..

I read books from the back to the front...so starting now and working back..

 

probably a bad habit.

anyway here goes

 

 

August 25, 2006

Dear Mr Foreman,

Thank you for your letter dated 3rd August 2006 and the contents are noted, particularly your intent for a full response by 23rd August 2006.

To date I have received no such written response from yourselves.

As you are aware you registered a 'Default Notice' during April 2001 which I was denied a copy of at that time. This came to light when I applied for a mortgage for a sum to underpin the structure of our property. This default directly influenced the interest rate of this advance and has had an obvious, serious impact on my financial status since 2001.

I have now formally asked on 9 separate documented occasions since March 2003 for a true copy of the original signed agreement between MBNA and myself, In addition to a true copy of the default notice that you should have supplied at that time.

The questions in my letters dated March 2003, Dec 2003, July 2004, July 2005, Sept 2005, Jan 2006, June 2006, July 2006 and August 2006 and received by you as indicated by Royal Mail's service audit specifically relate to this point and request you to substantiate this information.

May I also suggest to you, it is your duty to comply with my requests under the law within 1 month or you would be in breach of your duties under Section 78 of the Consumer Credit Act. Consequently you have failed to reply even by the date you stated in writing in your letter of 3rd August 2006 ..ie. 23 August 2006.

Given that my first request for the information I am entitled to was March 2003 you have obviously exceeded the statutory time which is 28 days for the data provision requested which is a criminal offence.

Prior to your default notice I was accepted for a mortgage for £110,000 at the lowest interest rate available at that time, now I cannot even open a bank account due to banks assessing data via credit reference agencies and accessing inaccurate data which has been supplied by you.

It is a legal requirement by the Information Commissioner that you hold and supply the most accurate and up to date information on your customers.

I point out that I have requested on numerous occasions that you immediately and unconditionally remove any prejudicial information which has been passed on to any third parties in its entirety as unsubstantiated.

These Requests have been completely ignored and only after contacting the Financial Ombudsman Service have you replied, only to issue a final denial of my request.

You have failed to adhere to all statutory timescales which can only be interpreted as your non-compliance with the legal procedure. In this case I have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office and I issue a statutory notice to you with the intent of legal recourse. As a final resort I find it necessary to refer the matter to the Court. I shall also apply for Court fees and legal costs against your organisation and shall also reserve the right to seek redress for damages as per the remit of the Data Protection Act.

I trust that I have made my position clear, and that you will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Banks obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As a gesture, I fax this to you today as a final attempt to resolve this issue without further recourse.

You can contact me any time today on +++++++++.

Failing contact I will at 4pm complete my county court claim form and contact my solicitor for an appointment at his earliest convenience with regard to damages.

 

Regards

 

 

 

**** Completed most of this from posts to this site.... THANX ****

[compsoz]

A little background..

 

I changed job.. much less pay and asked for reduced payments

MBNA agreed and I have been paying agreed payments since.

 

I was never sent a default notice and received a tel call May 2001 from a company called link financial to say that payments would be made to them...

 

Never missed any agreed payment up to date.

 

I needed a secured loan in 2003 to underpin my property and found i could only get a high rate loan..(will cost an extra £40K over its term than the rate I had got previously..

I immediately (2003) obtained a copy of my credit report and without delay sent a letter to MBNA for a copy of my original agreement and true copy of default notice..

[compsoz]

Since then I have made numerous requests for the information I asked for..

 

Finally after no responce at all I sent a recorded letter dated june 04 2006

 

content as follows.

 

June 04, 2006

Dear Sir/Madam

I am writing to you concerning a default data record on my file by the Credit Reference Agencies in relation to a debt that I may have owed to you.

If this debt has now been repaid or settled could you please write and confirm this.

The date of the default was 27/04/2001

I did not receive a default notice or summons in relation to this and had already arranged an agreed payment with yourselves prior to this date which was adhered to. - Could you please provide me with a copy of the original default data notice that you should have sent me at the time.

I have already asked on previous occasions for this copy but have not had a reply.

I would really appreciate a reply.

[compsoz]

Heard nothing till 04 July 2006

Received official assignment letter from Link financial saying they were the new owners of the Debt..

 

Strange.. I have been paying Link Financial since 2001

 

Obviously didn't send me an assignment letter in 2001...

Can I claim back the payments I have been making to them all this time,..

 

anyway..

 

No reply from MBNA .. Contacted Financial services ombudsman and filled in the form to complain about MBNA not corresponding.

 

FSO responded to me 26 July 2006 saying they would give MBNA 80 days to conclude..

 

Finally received a letter from MBNA dated 03 August 2006 .

 

briefly... in receipt of letter from fso, will issue full response by 23 august 2006.

[compsoz]

Next sent letter to MBNA on 07th August 2006 (Recorded)

 

August 7, 2006

Dear Sir or Madam

 

Please send me the information which I am entitled to under the Section 7(1) of the Data Protection Act 1998.

 

If you need further information from me, or a fee, please let me know as soon as possible.

 

If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate official.

I enclose a Postal Order in the amount of £10 in relation to this request.

 

[compsoz]

Got a bit impatient since then and paid for the directors details of MBNA ..

 

I started contacting the directors on the list..

Unfortunately last week they were all in the States on holiday,,

Seems most of the directors are from the USA.

 

Anyway this seems to have upset the penpushers at MBNA and one guy in particular ..Ill dig his name out later..

 

By the way the CEO of MBNA Michael Rhodes DOB 10/12/1965 answers his own phone lunchtimes..

Probably between counting his millions ..

[compsoz]

Tel no 01244672040...

[compsoz]

Nearly up to date

 

On Friday 25 August 2006 (yesterday) I recieved a telephone call from MBNA to say that if I proceeded with taking them to small claims court they would defend and sue me for costs...

 

In response I faxed the letter at the beginning of this thread...

[compsoz]

Sorry Friday the 24th Aug 2006 ....previous text/

 

This morning I received a letter from MBNA as follows,, I will transcribe it..

 

 

We have received a letter from the financial ombudsman service dated 26 july. They were writing on your behalf regarding your complaint.

 

Please find enclosed an example copy of the letter that was sent to you on 27 march 2001, which is highlighted on the copy of the notes from your account at that time.

 

please observe the notes from 22 march 2001, when it is recorded that we rang you on your home telephone number and informed you in full regarding the possibility of a default beign registered with the credit reference agencies, and the sale of your debt.

 

Our records show that you did agree to a reduced payment arrangement, however as you failed to maintain the agreed payments ***See Link 11***; your account consequently defaulted in accordence with our default procedures . As a subsidiary of Mbna Corporation we must comply with both UK and US regulations. One of the regulations that we must adhere to is that a credit card account must default at seven payment in arrears; which in your case was April 2006. ********(whats all this about?????)

 

Please be advised that a Notice of Default (NOD) is required to be served upon you prior to legal action beign taken for recovery of the outstanding debt. This is a requirement under the consumer Credit Act.

 

The second type of Default is a Default registering at the Credit Bureau. As a subscriber to the Banking Code we are required to give our Customers 28 days notice prior to registering of a Default at the Credit Reference Agency.

 

I belive this issue has been fully addressed, and it therefore appears that we have now exhausted our internal complaints procedure. Consequently this is our final response. If you are still dissatisfied with this final response, you may refer your complaint to the Financial Ombudsman Service, within 6 months of the date of this final response letter. Their address is as follows..

 

 

.

.

.

We will not enter into any further correspondence regarding this matter, unless instructed to do so by the Financial Ombudsman Service.

 

Yours Sincerely

 

Steve Bailey

Head of Customer Advocate Office

[compsoz]

jjj

[compsoz]

In relation to MBNA stating I failed to maintain the agreed payments ...

They probably didn't expect me to keep records that far back but I did and have cheque stubs and bank statement to show payment on

 

5 12 00

2 01 01

1 02 01

1 03 01

2 04 01

1 05 01

 

It seems that there are so many holes in MBNA's argument I am tempted to take them to court for compensation as it has cost me 1000's of £' s in interest as I was forced to accept a higher rate of interest than normal due to an unsubstantiated default that I have, since 2003 requested a copy of..

[compsoz]

I could really do with some advice on how to proceed...

[Glenn UK]

John

 

I cant advise you, only offer you some support.

 

Seems to me you should instigate proceedings agaisnt themn under the CCA for failure to supply the true copies of the agreement and the default notice.

 

As to the financial issues in terms of the cost of the higher rate mortgage, I think youmay also have a claim against them in respect of this.

 

Best of luck and you will no doubt get some support fro the members here.

 

Oh and im suing MBNA to get illegal charges so youll be joing a happy band of others here doing the same.

 

Cheers

 

Glenn

[compsoz]

I feel I need some advice on the legalities surrounding MBNA's obligation to supply true copies of original agreement, default and assignment..

 

Also timescales for supplying evidence of same and my recource if they do not comply...

 

In other posts there are mentions of 12 days for replying to notices etc...

 

As a "newbie" it would be excellent if there was a section where sections of the CCA and timescales where collated..

 

they are no doubt there in the forums.. but seem scattered.

 

Any help would be appreciated

[compsoz]

Hi Glenn Uk

 

Thanks for taking an interest

Best of luck...

 

If you need the copies of the directors contact details let me know

[compsoz]

It really aggravates them when you call...