Sparkie v Experian & BOS

[Essence44]

Received an answer from Mr Lever at last ...here it is and my reply....I love a fight..!!!

 

sparkie

 

 

 

Thank you for your e-mail received on 13 May 2009.

 

I can confirm that the removal of the MBNA Europe Bank Ltd defaulted account from your credit report is not the result of any instruction made by Experian.

 

According to our records we have received no direct instructions from MBNA Europe Bank Ltd to delete this entry from your credit report.

 

Consequently, it appears as though MBNA Europe Bank Ltd has removed this account from the portfolio of account information that they submit to us on a monthly basis.

 

One possible reason for this account not currently appearing on your report or the account information supplied to us by MBNA Europe Bank Ltd is if they have now assigned the debt owed to them to a debt collection agency.

 

In these cases, the company to whom the original debt is owed will remove their defaulted account entry from your credit report and it will then show at a later date when supplied to us by the debt collection agency to whom the debt has been assigned.

 

I have today spoken to MBNA Europe Bank Ltd and they have confirmed that this account has now been assigned to Link Financial and hence MBNA Europe Bank Ltd has deleted this account from the information that they provide to Experian.

 

MBNA Europe Bank Ltd has confirmed that Link Financial will therefore be likely to submit details of this defaulted account to us shortly and this will then show on your credit report as a debt owed to Link Financial. The default date should remain the date initially recorded as the date of default (28/02/2009).

 

When we previously queried the accuracy of this account data with MBNA Europe Bank Ltd on your behalf I remind you that the account was confirmed to be accurate and no instruction given to Experian to amend or delete this information.

 

I trust that this clarifies the matter and answers your questions.

 

Kind regards

 

 

 

Paul Lever

 

Consumer Compliance Manager

 

Directors' Office

 

My Reply to Mr Lever

I thank you for the explanation with regard to removal of the account supplied by MBNA, it gives me the information I require, as you are aware that before any account can be assigned to a third party, the original "alleged" creditor must give the "alleged debtor" a notice of assignment...you have confirmed that this has been assigned by MBNA to Link...MBNA have not supplied me notice of this assignment, my agreement (a copy of which I have supplied you with) does not allow assignment .............in any event my agreement is unenforceable and is the reason why MBNA have not attempted to enforce it.

 

The amount that MBNA "allege" I owe is totally and absolutely incorrect

I have not "had the use of that" money in any way, that of course would have to be determined by a court of law, and as I have said MBNA cannot prove that fact and will not issue proceedings against me themselves, that is the reason they have " unlawfully assigned"/sold this account.

 

If and when Link contact me I will make them aware of the Sale of Goods & Services Act and that MBNA have sold them an account/agreement that is in fact " faulty" as in faulty goods, I am aware that MBNA receive a nominal sum for accounts and will have obtained that money under a false misrepresentation to Link.

 

Therefore should Link attempt to supply any information whatsoever Experian apply it to my credit file.....I will immediately file a Libel suit against Experian on the day I discover that entry has been applied.

 

I trust you take heed of my intention to do so, as it is not "hot air".

 

Thank you again for the information you have supplied

 

 

Yours sincerely

 

 

sparkie

 

 

Excellent Sparkie, i read every line, every word and took in every bit of information with your fight with Experian and others. I'm having a fight with them at the moment and your are right Experian are biased, seem to base their replies on a personal judgement ratther than a factual one. Keep it up and i shall be following your further posts.

 

Essence

[spark1]

Nice post Sparkie

 

Spark

[vjohn82]

I think this will be the start of something very interesting... I think there is a genuine challenge that can be made, if enough people do it, to fight the data being recorded by CRA's when they hide behind the Data Protection Act.

 

Subbing with great interest

[cul8rm8e]

Patiently awaiting to see them commited for self harm

[Pab10]

Hi Sparkie,

 

Any news?