Invalid Default Notices

[MandM]

Hi guys me again

 

got lot SAR gumph through from mbna still no letter of termination. On details of account they have the status as "Charged off" and on another have "CA Triad Exclusion"

 

Can anyone explain what that means please.

 

Many thanks in advance

 

 

"Charged off" most probably means MBNA have sold you on. Most likely to Exspurto Credite/Varde (Ireland). How does that "charged off" date relate to the date/s on your DN?

 

Don't know what the other bit means.

 

M

[basa48]

"Charged off" most probably means MBNA have sold you on. Most likely to Exspurto Credite/Varde (Ireland). How does that "charged off" date relate to the date/s on your DN?

 

Don't know what the other bit means.

 

M

 

And how much was the DN for? The whole debt I'll bet, not just the arrears?

[Lord_Alcohol]

Hi guys me again

 

got lot SAR gumph through from mbna still no letter of termination. On details of account they have the status as "Charged off" and on another have "CA Triad Exclusion"

 

Can anyone explain what that means please.

 

Many thanks in advance

 

 

Had a look at that Triad thing and found this;

 

FICO® TRIAD® Customer Manager

 

Looks like some kind of "customer account management" tool, the sort of thing that's used to ramp up interest rates when you start to miss payments. It seems to be used by a lot of credit card co's.

 

I guess the "exclusion" means that you've been either removed or flagged as "off the system".

 

LA

[Ladida]

MandM will check the DN later to reconcile with paper work provided. Thankyou

 

Basa the DN was for arrears only (made up of charges and interest they added in the back door) funny that they only provided statements up to 2006 nothing recent that will prove it!

 

Lord Alcohol will get a look at that later thank you.

 

Thanks all brilliant as usual and hi to Pinky (hope your case is progressing well) the OP of this thread a great source of infomation.

 

[cerberusalert]

funny that they only provided statements up to 2006 nothing recent that will prove it!

They haven't fulfilled the SAR so you should write back listing the items you still require. If they play silly beggars complain to the ico.

[Ladida]

I will do cerberusalert and thanks for that as I was thinking I did not submit the S A R correctly. They also have not included any dealings with the insurance company that took over payments until the balance was cleared. Do I have to S A R the insurance people themselves?

 

MBNA have done this deliberatly! Even the list of abbreviations does not cover everything therfore understanding some of the paperwork is impossible:(

 

Thanks again guys great stuff:)

[Ladida]

Charge off date is 31/03/10 date on the default notice is 09/04/10

 

Also does anyone know what "mail code changed to H" means?

 

Sorry for all the questions and thanks in advance.

 

[pumpytums]

Charge off date is 31/03/10 date on the default notice is 09/04/10

 

Also does anyone know what "mail code changed to H" means?

 

Sorry for all the questions and thanks in advance.

 

 

It could mean "Hold" after they send a DN they usually never send any more mail.

 

Pumpytums

[Ladida]

Pumpytums I will bear that in mind. Surprisingly there has been nothing from them since the DN. I thought it strange they had went so quiet.

Thank you for your reply.

 

[means2anend]

I will do cerberusalert and thanks for that as I was thinking I did not submit the S A R correctly. They also have not included any dealings with the insurance company that took over payments until the balance was cleared. Do I have to S A R the insurance people themselves?

 

MBNA have done this deliberatly! Even the list of abbreviations does not cover everything therfore understanding some of the paperwork is impossible:(

 

Thanks again guys great stuff:)

 

 

' I was thinking I did not submit the S A R correctly'

 

it's almost impossible to send in an incorrect SAR request.A request of an SAR by definition is implicit in it's requirements entirely.Simply ask for an SAR!

 

THE HISTORY of the events of the account MUST BE INCLUDED by them when it is sent to you in SAR.

 

Actually as events in real time unfolds the details are input into the system by the computer operator and so it is all contemporaneous and cannot be altered without affecting other related information.

 

WAS your Insurance optional ?

 

I SAR'd a collegues Barclaycard and his insurance was optional but although it was mentioned as optional in the SAR suspiciously that was ALL the info...no length of policy, no EVIDENCE WHETHER IT WAS TRULY OPTIONAL etc...so you should see whether in fact ONLY, you have insurance optional or otherwise...you should not need to SAR the Insurers separately whether they are the same providers under the main agreement or altogether Insurance not provided by MBNA

 

So I written to FOS to find out the exact length and if it was truly an optional policy of the insurance policy because there is no mention of it either in the copy of the Credit Agreement itself nor in the Accompanying updated terms and conditions that came separately with the copy as a result of the s78 request.

 

Mind you the account is regarded in dispute 'cos the copy agreement is soooo small as to be unreadable and therefore illegible.

 

The SAR also shows that in 2007 when he was issued his first credit token s85 (issue 1 quite apart from the one that was given when he first opened the account as that is not counted as issue 1) it was not accompanied by the DUTY to supply a copy of the original agreement and updated terms and conditions even then.

 

In other words he was effectively given a subsequent credit card to use before any revised terms and conditions were sent!! s85 Consumer Credit Act 1974 and it is a default that can NEVER be corrected for the time to rectify has passed..2007

 

If you need to know more about SAR and experiences here are links to;

 

http://www.consumeractiongroup.co.uk/forum/legalities/242726-subject-access-request-fee.html

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/248746-r-vanquis-failing-comply.html#post2788564

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/118145-sar-ppi.html

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html

 

They are all very short threads so you should be able to finish them all within a couple of hours and your answer will most definitely be covered in at least one of those threads

 

rgds

 

m2ae

Edited June 3, 2010 by means2anend

[Ladida]

means2anend I will look at this in more detail tomorrow. Looks very interesting and thank you for taking the time to reply. I have been online nearly all day am a bit square eyed:grin: grateful for everyones input:)

[Scrapper]

Morning

 

Sorry to jump in just a quickie I think I no the answer too so not worth a completely new thread.

 

If I have a invalid default but no termination letter they can reissue a new one correct?

 

What if I have statement in my possession showing balance ZERO stating account charged off? Is that effectively proof they terminated the account?

 

Thanks

Scrapper Coco

[Lord_Alcohol]

Morning

 

Sorry to jump in just a quickie I think I no the answer too so not worth a completely new thread.

 

If I have a invalid default but no termination letter they can reissue a new one correct?

 

What if I have statement in my possession showing balance ZERO stating account charged off? Is that effectively proof they terminated the account?

 

Thanks

Scrapper Coco

 

Morning Scrapper

 

If your a/c is charged off with balance zero it is undoubtedly terminated and presumably has been passed elsewhere for collection.

 

The OC (or anyone else) is not able to issue a new DN as it is not possible to breach a terminated agreement (of course, they might send a new DN...as we have seen elsewhere...but these would have no relevance).

 

I believe that TNs are 'optional'. You may or may not receive one. It's the DN that's important as one must be sent to terminate a regulated contract (CCA s87).

 

LA

[pumpytums]

Morning

 

Sorry to jump in just a quickie I think I no the answer too so not worth a completely new thread.

 

If I have a invalid default but no termination letter they can reissue a new one correct?

 

What if I have statement in my possession showing balance ZERO stating account charged off? Is that effectively proof they terminated the account?

 

Thanks

Scrapper Coco

 

Hi Scrapper,

I wouldn't take the charge off as termination, it's probably for tax reasons. They have probably sold it on, when the new owner asks for the full amount then that's termination.

 

Pumpytums

[Scrapper]

Hi Scrapper,

I wouldn't take the charge off as termination, it's probably for tax reasons. They have probably sold it on, when the new owner asks for the full amount then that's termination.

 

Pumpytums

 

The new owner is the in house collection team called Debt Clear Recoveries & Investigations Ltd

 

I told them to bog off 5 months ago as MBNA had issued my mate an invalid default notice and he hasn't heard a word since but want's to get the default removed due to recission and basically them or the CRA's not legally being able to process his data anymore.

 

Make sense?

 

Can someone move my entries to my thread Scrapper vs MBNA Potential Commencement of legal proceedings***WON*** as I didn't want to hijack this one as I have my own

 

Thanks

Scrapper Coco

Edited June 4, 2010 by Scrapper

[Scrapper]

Sorry about this but forgot to mention that they charged of and defaulted the account with the CRA 28 days before the due date on the DN plus thats defective as well

 

He was making payments and agreed to a F&F called up to pay them and found out that had defaulted his account. Checked with the CRAs and low and behold they had so he told them t bog off.

 

That's when I got involved.

 

Thanks

Scrapper Coco

Edited June 4, 2010 by Scrapper

[Lord_Alcohol]

The new owner is the in house collection team called Debt Clear Recoveries & Investigations Ltd

 

I told them to bog off 5 months ago as MBNA had issued my mate an invalid default notice and he hasn't heard a word since but want's to get the default removed due to recission and basically them or the CRA's not legally being able to process his data anymore.

 

Make sense?

 

Can someone move my entries to my thread Scrapper vs MBNA Potential Commencement of legal proceedings***WON*** as I didn't want to hijack this one as I have my own

 

Thanks

Scrapper Coco

 

Has the DCA demanded the full sum? If so I believe you can consider the contract ended. If the DN is defective you probably need to write and accept their termination.

 

LA

[means2anend]

The new owner is the in house collection team called Debt Clear Recoveries & Investigations Ltd

 

I told them to bog off 5 months ago as MBNA had issued my mate an invalid default notice and he hasn't heard a word since but want's to get the default removed due to recission and basically them or the CRA's not legally being able to process his data anymore.

 

Make sense?

 

Can someone move my entries to my thread Scrapper vs MBNA Potential Commencement of legal proceedings***WON*** as I didn't want to hijack this one as I have my own

 

Thanks

Scrapper Coco

 

 

 

Scrapper

 

Check out post 2797 on this thread!

 

I got the idea from here with abit of my own input to fit my mate's personal circumstances

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

[Scrapper]

Scrapper

 

Check out post 2797 on this thread!

 

I got the idea from here with abit of my own input to fit my mate's personal circumstances

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

 

Would love to but whatever was there has been removed.

 

Thanks anyways

Scrapper Coco

[tedney]

I decided to use tinypic...much ,ore compact AND quicker.

 

Also I should like to thank Surlybonds for inspiring me to use the basis of his/her template letter and then to personalise it according to my colleagues particular circumstances.

 

Here is the letter from Lowells...I shall send off a Section 103 at this juncture and use this pattern again and again..This has taken approx 9 months to get to this stage AND i think I have found a method in the madness.

 

Hope you are all encouraged by this AND YOU Pinky69

 

 

rgds

 

m2ae

here is the post means FYI, could you post it up again please:)

Edited June 4, 2010 by tedney
missing word!

[means2anend]

Why Has My Image Been Removed Site Team?

 

I Want A Reason!!!

[cerberusalert]

Why don't you ask tinypic?

[means2anend]

Ty Cerberusalert

 

I dont know whether I'll use them in future...

 

But they appear to be much more efficient in up loading and their user interface is so much friendlier and faster than my experiences of photobucket

[cerberusalert]

Tinypic are quick to delete if there are any perceived copyright issues, inappropriate content or if someone complains.

[means2anend]

here is the post means FYI, could you post it up again please:)

 

 

Here it is again

 

I taken all names off including customer services to be on safe side!

 

Edited June 4, 2010 by means2anend