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Everything posted by redsue

  1. Yes, but I think I only got about 6/7 years worth, I will go and dig out what I have and see what payments have been made to PPI for that period.
  2. The problem is I don't have the 20 years worth of statements, so I really couldn't work out how much I've paid out over that period. Can I ask for statements going back so far?
  3. I never challenged at the time as I'd only had my 2nd child 2 weeks previous to the default and my mind was elsewhere. As for no effort, I looked to challenge it 2-3 years in but was scared that they would default me 2-3 years in as I never received any DN. So, yes I'm only coming at now when they can no longer slap me with any further spiteful actions that could seriously impact us for a longer period of time.
  4. thanks dpick - I have had the card since 1993, so it's quite a long time paying the PPI (with compound 8% interest) - however, I think I may just draw a line under it now and move on I've waited so, so long for this default to drop off - the next 30 days can't come quick enough!! We can finally begin to look at moving house :)
  5. Thanks DX, well I don't really want to flog a dead horse. But MBNA being able to issue defaults on unenforceable agreements without DNs is not entirely good practice is it? There's no way they can issue a correct DN at this point is there, as I'm going to go after them for PPI.
  6. BSC - no the CC agreement is signed by me, so it's definitely my debt, however the credit agreement is unenforceable. RenegadeImp - The agreement was unenforceable due to them not being able to produce the credit agreement showing all the correct prescribed terms and conditions. The showed my T&Cs or what they 'could' have looked like. They then defaulted me without sending a DN, therefore not giving me the opportunity to remedy the debt before the default was applied. It good to see that is was remedied Florish and you at least got compensation
  7. Hi all Just over 6 years ago, I asked MBNA for a copy of my CC agreement plus terms & conditions I signed up for in 1993 for my Girobank CC. After months of them messing about, and sending various T&Cs of what I 'could' have signed up for, they admitted they did not have the original T&Cs I signed up to. MBNA dug out a badly copied signed agreement but it contained no prescribed T&Cs that could be linked to it said agreement. They then went on to place a default on my credit file. I didn't receive a default notice or any warning of this at all. I was hoping it may have been incorrect to challenge it on those grounds, but unfortunately, I never received one. They never took me to court, they never pursued it any further - as I believe they couldn't chase the debt due to incorrect paperwork. Fast forward 6 years and the default drops off next month. This has affected our ability to move house in that time amongst other things. Previous to this my credit file was really good and clean. It still is, apart from this one default. My question is, can I now go on to sue them for defamation of character or something similar? I'm also going to pursue a PPI claim against them to for pre-exisiting medical conditions & self employment. I haven't attempted this before as I was afraid they could slap the default on again this time with a correct Default notice and I would have to wait another 6 years to clear my file. Any advice would be really appreciated
  8. I've tried the route of Chester Trading Standards about 3 years ago and they forced MBNA's hand to supply me with a clear copy of the agreement (got loads of prescribed terms missing!) I thought the general consensus was that TS and MBNA were all in bed together having cosy chats once a week with tea and biscuits - the last thing I want is MBNA to slap me with an 'official' DN as I'm 3 years in to the supposed one.
  9. Would you mind popping over to my thread for advice on a DN that's not a DN http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-10.html#post2743043 I would like opinions on a 'Defaulted Acc' (no prescribed terms on CCA) but no DN actually sent or received. Thanks so much
  10. so anyone know where I stand legally about a DN - that's not a DN?
  11. 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?
  12. 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
  13. 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?
  14. I've got tons of them! What if I put up all comms log since 1st CCA letter sent in?
  15. 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?
  16. 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
  17. what about your credit file - did you ask them about this?
  18. 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**
  19. Hiya Alf Just been reading your thread with great interest - it seems we both have the same issues with MBNA regarding old A&L cards - mine was taken out 1993. We have been defaulted within about 14 days of each other - you got a DN notice, I didn't, your debt has been passed around like a hot brick, mine hasn't - if fact I've no idea what's going on with my debt as I got no DN and no termination letter. my thread is here http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-8.html#post2730031 I also received the same drivel as you and MBNA swore blind that the application was legible event though it couldn't be read - same as yours. However, I got TS involved and they said it's not legible - MBNA then sent a clearer version and yes, you could read it but no prescribed terms just recent T&Cs. I also told them no prescribed terms and they then sent me an old photocopied page (with half the page missing btw) of T&Cs from 1995 and told me this is 'similar to what I would have recieved' and it was my fault as I should have kept hold of them on the original application. So, I have 3 different dates from March 07 through to Sept 07 when they 'complied' with my CCA request (b****cks). My comms logs are also very similar to yours but I got mine from MBNA directly after a 3rd SAR request was sent. So I have 3 dates by which they 'complied' with my request. What I find so weird it that we both have 'old' A&L cards, both sold to MBNA, both defaulted within 14 days of each other and both treated completely different.... I've had to put these issues on the back burner due to other stuff going on but I'm back now and hoping to try and sort out my credit file (although I know this isn't going to be easy) Anyways, if I can help in anyway please give me a shout - have a gander at my thread if you have time, as I've posted up loads of the letters I've sent and received back. best wishes
  20. 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....
  21. 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.
  22. 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
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