MBNA still putting negative entries on credit file whilst agreement in dispute.

[alternative-answer]

I am disputing the enforcability of my credit card agreement with MBNA,

 

my understanding that whilst an agreement is in dispute lenders must stop processing your details

and entering negative information on your credit file.

 

MBNA have continued to do this despite me writing to them asking them to stop,

they insist they can continue to do so on the basis that they believe it is enforcable.

 

They appear to be disregarding the fact the agreement is in dispute.

 

I want to make a formal complaint to the highest authority in the country and take them to task,

who would this be and are there any letter templates for doing this.

 

Any forum users in a similar position?

 

Support, advice greatly received.

[cerberusalert]

Email the OFT outlining your complaint, if they need more information they'll get back to you.

[email protected]

 

tel: 020 7211 5823

[alternative-answer]

Email the OFT outlining your complaint, if they need more information they'll get back to you.

[email protected]

 

tel: 020 7211 5823

Thank you so much for the speedy response, you are a *

[alternative-answer]

MBNA are still engaging in placing negative entries onto my credit file even though that agreement is in dispute.

 

How or what do I do in order to get them to stop processing my details.

 

How do I challenge the entries on my file and have the CRA to remove the entries?

[alternative-answer]

I entered into dispute with MBNA last October over the enforcability of my agreement.

 

My understanding is that whilst there is a dispute MBNA should not be entering information about the account with CRA.

 

I wrote to MBNA who insisted the agreement was enforceable (as they would)

and would continue to enter details on how I have managed my account.

 

I wrote a notice of correction on my file,

 

Experian investigated it and ruled in MBNA's favour

and the information would stand.

 

Where can I go from here?

[dx100uk]

the regulators are down on record as saying that just because the agreement is unenforcable, it means just that, it does not mean the debt does not exist & Co's can carry on reporting it's status to cra's.

 

dx

[alternative-answer]

MBNA have sold my debt to Direct legal and Collections whilst the agreement is being disputed. How do I respond to the DCA?

[Fred Bassett]

MBNA have sold my debt to Direct legal and Collections whilst the agreement is being disputed. How do I respond to the DCA?

 

Tell them it's in dispute and that they should send the account back to MBNA. Here's a copy of Curly Ben's 'bemused' letter which I may have modified slightly, but I'm sure it will do:

 

Dear Sir/Madam

 

Your Reference: xxxxxxxxxxxxxxxxxxxxxxx

 

Thank you for your letter dated xxxxxxxxxxxxxx.

 

I was rather surprised to receive this letter because this account is in dispute with MBNA and has been since dd/mm/yyyy.

 

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As MBNA are now in default of my Consumer Credit Act request, OFT Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

 

The document that MBNA are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both MBNA and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, they are also obliged to send me a copy of that document.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to MBNA for resolution of these defaults and breaches, as (Whatever bunch of cretins MBNA send it to) cannot lawfully pursue any enforcement activities.

 

If (Whatever bunch of cretins MBNA send it to) chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I look forward to hearing from you in writing.

 

 

Yours faithfully

[someone_else]

According to ICO guidelines registering a default on a unenforceable aggrement may be wrong from this:

Technical Guidance Note - Filing defaults with credit reference agencies

 

Paragraph 42 deals with disputes with a default, where paragraph 44 lists various actions that may make registering a default a breach of the DPA:

 

Is the customer defending a court action by the lender to obtain a judgment, and what is the nature of their defence?

 

Has a court refused judgment to the lender and, if so, on what grounds?

 

If the dispute has not been before a court, is the lender prepared to test their claim by seeking a CCJ or decree against the customer? If not, why not?

There are more reasons in the linked pdf, and they say it's down to each individual case, but the chances are if they aren't willing to go to court with an unenforceable aggrement (or have already lost in court) and depending on other circumstances the ICO may rule the default is wrong.

 

Possibly best thing to do is to read through that pdf, point out everything MBNA have done wrong and write back to Experian or go straight to the ICO.

 

Did Experian give a reason for siding with MBNA?

[alternative-answer]

Got a reply from Direct Legal & Collections who have halted any further action and gone back to MBNA.

[alternative-answer]

That is very useful information, thank you so much!

[alternative-answer]

Reading through this and skipping to paragraph 44

 

I now believe I have grounds for a formal complaint to the ICO.

 

Does anyone have a template letter for writing to them.

 

Should I also write to MBNA who alledged they have sold the dealt.

 

Wrote to DCA to tell them agreement in dispute,

 

got a letter from them saying they are referring it back to MBNA.

[Fred Bassett]

Got a reply from Direct Legal & Collections who have halted any further action and gone back to MBNA.

 

That was quick - how did you manage that?

 

Fred

[alternative-answer]

I wrote to them, as above,

 

I guess MBNA didn't tell them debt was in dispute when they sold it on to them.

 

Whilst an agreement is being disputed there are certain guidelines lenders must adhere to,

 

my experience is they don't and flout every guideline in the book.

[alternative-answer]

Hi you amazing beings on here!!

 

MBNA sold my credit card debt to Hillesden Securities whilst the agreement was being disputed and still is.

 

They wrote to me to inform me that they had purchased the debt and are starting recovery action.

 

I managed to bat them away with a letter saying the agreement still in dispute,

they wrote back to say all action is on hold whilst they seek clarification from MBNA,

that was the 6th August,

 

I have received 1 phone call from them where I told them I could not give them my name

as I could not verify who they were over the phone, that's where it ended.

 

They are reporting onto my experian credit file even though I have never entered into any contract with them.

 

I have placed a notice of correction on my credit file and had dialogue with Experian to no effect.

 

I need a letter that I can send to both Experian and Hillesden Securities to ask them to cease procesing

my details that also demonstrates that if they continue to do so

they would be breaking the law and that recourse would follow.

[BankFodder]

This is very interesting. I have recently heard of a very similar situation involving British Gas.

 

British Gas sold the account onto a debt collection agency. The first thing that the DCA did was to put a default onto the alleged debtors credit file.

 

The alleged debtor issued a claim against the DCA for breach of the Data Protection Act on the basis that they had no contractual or other authority to share this information with any third parties including putting it onto the credit register.

 

The debt collection agency eventually remove the entry and paid a sum of about £350 in damages in order to avoid the court hearing.

 

This story is no guarantee that you will succeed but that least you should gain some encouragement to know that you would not be the first person to try this and it seems to me that you would be on reasonable grounds.

 

We do not have a template letter that you say you need. However all it needs is a very simple explanation.

 

If you don't want to take it further, you could think about suing Hillesden on the same basis as the British Gas case.

 

The DCA in the British Gas case was Robinson Way

[postggj]

hi bankfodder

 

i took fredricksons to court for a default on my credit file for a stat barred debt

 

i got 300 quid damages and 200 quid costs

 

they settled out of court quoting an addmin error

 

 

 

as the account was in dispute allternative answer and you have the correspondants to and from mbna to prove this,

 

dlc are on dodgy ground

 

send dlc a 14 day letter before action

tell them to remove the default entry as the deed of assignment is void and to return the account or damages under the dpa will start with out further notice

 

the price for an illegal default is a grand

 

i have a court case at the moment where i claimed damages for a pal

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/177131-marlin-rankin-now-court.html?highlight=postggj

 

it will give you some info on the legal aspect on an illegal default

[alternative-answer]

hi bankfodder

 

i took fredricksons to court for a default on my credit file for a stat barred debt

 

i got 300 quid damages and 200 quid costs

 

they settled out of court quoting an addmin error

 

 

 

as the account was in dispute allternative answer and you have the correspondants to and from mbna to prove this,

 

dlc are on dodgy ground

 

send dlc a 14 day letter before action

tell them to remove the default entry as the deed of assignment is void and to return the account or damages under the dpa will start with out further notice

 

the price for an illegal default is a grand

 

i have a court case at the moment where i claimed damages for a pal

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/177131-marlin-rankin-now-court.html?highlight=postggj

 

it will give you some info on the legal aspect on an illegal default

 

Do you have a copy of the letter you sent to put the DCA on notice please?

[postggj]

Ill Do One Later On Tonight For You To Send The Cretins

[alternative-answer]

Ill Do One Later On Tonight For You To Send The Cretins

That is fantastic, thank you so much, it is very much appreciated.

[militantconsumer]

Subbing onto this interesting thread.

 

We had a Next Directory account from years ago but never signed any proper agreement. Now Cabot have bought the alleged debt and they say in a letter to us:

 

Cabot is legally entitled and obligated under the original credit agreement and under the Data Protection Act to process information and also to report to the Credit Reference Agencies."

 

And they go on to claim:

 

Furthermore, under the original terms of the credit agreement, which you signed with the creditor, you consented to information being disclosed to third parties and CRA's.

 

But earlier in the same letter they admit/imply that they don't even have a copy of the original agreement. So how can they go ahead and process data, making an assumption that we signed something all those years ago?

[postggj]

Well I Would Send A Copy Of That Letter Back To Cabot And Demand They Remove Any Default

 

At The Top In

 

Big Bold Print

 

I Do Not Acknowledge This Debt To You Or Any Othe Company

 

Send A S10 Dpa Letter Also

[militantconsumer]

Is there a template S10 DPA letter somewhere on CAG?

[postggj]

Ill See If I Can Dig It Out

[postggj]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980