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

[harrassed senior]

Notorious difficult, if not impossible I am afraid. As you have found to your cost using this type of company does absolutely nothing you could not do with the help of the members of CAG.

 

Unfortunately, the 'rights and wrongs' of this situation mean nothing to this dispicable industry and they will go on flouting the law and guidelines until someone has enough gumption to say enough is enough, and, with this or any past government of this Country although the law(s) may be in existence, nothing is likely to ever be done about cityzens' 'rights'.

 

In your particular case the arguement will be that just because it may not prove enforceable by a Court, the debt still exists and therefore their right to report that fact is in tact.

[alternative-answer]

The default was entered at a time when the agreement was being disputed and was never resolved,

that the DCA has never proved the agreement was enforcable or replied in substance

to 3 letters I sent to them in fact they told me they would no longer communicate about this matter with me.

 

They periodicaly use an automated phone message to attempt to contact me,

 

they don't write to me or have a human phone.

 

They have never attempted collections procedures,

only once sending a sudo solicitors letter threatening legal action.

[harrassed senior]

You could complain to OFT at Contact us - The Office

of Fair Trading

 

They only 'add' you to a list though, and as a rule do not deal with individual cases I am afraid.

 

The debt is 'in dispute' and in real terms this means that nothing should be 'done' until the dispute is settled.

 

How old is the debt, when was the default placed and when was the last payment/acknowledgement of the debt? When was the request for the CCA sent?

[alternative-answer]

How old is the debt? The debt is about 3 YO

when was the default placed? June '08

when was the last payment/acknowledgement of the debt? Dec '07

When was the request for the CCA sent? Oct '07

 

Although dates are rough estimates now, as my memory evades me of th exact dates.

[tam65]

Welcome to CAG a-a

Unfortunately the only place where your credit card agreement will be “proved” unenforceable will be in a court of law, the debt does not go away it can still be asked for or demanded by debt collectors, it is just that the court cannot enforce it. By enforcement I mean things like CCJ’S, earnings arrestment, bailiffs taking your goods, charging orders on your house, bankruptcy etc. Registering defaults with the credit reference agencies is not enforcement, and they can and will continue till the debt becomes statute barred after 6 years.

If you get invited to attend court by the debt collection agency, you will get your answer to the unenforceability question, it may not be the one you wish for, and, most importantly court remains a very real possibility at present. Did the claim management company explain it like this to you when they were taking your money?

On a brighter note, you have found your way to CAG which is free, start by reading some of the other blogs, stickies or threads, you will learn a lot and learn quickly and plenty of people will offer good advice if you have questions. Since your last payment was 07 then you have only about 3 years till it becomes statute barred, in the mean time you want to avoid any invitations to attend court like the plague, even if you “win” in court the defaults will continue till the debt becomes statute barred, roll on year 6.

[alternative-answer]

I'm joining in here as it's the closest thread to dealing with my issue.

 

DL&C purchased a debt from MBNA in June 2009 who entered a default whilst the agreement was still being disputed.

 

I have never paid DL& a penny and have them on notice of default.

I want the default removed from my credit file,

 

I have my audited agreement which clearly highlights 9 breaches.

 

I'm guessing I need to send copies of the audited agreement to both MBNA and DL&C along with previous communications from solicitors who were involved in the process at the beginning.

 

DL&C claim the agreement is enforcable but have yet to prove otherwise and have never started collection proceedings against me. Should I bother with MBNA and DL&C or go down the ombudsmen route?

[alternative-answer]

My credit card debt was defaulted and sold by MBNA to Direct legal and Collections.

 

As to this date DLC have never proved I owe them any money and have never started collection proceedings against me.

 

My agreement was audited by solicitors who produced a report that showed 9 breaches in it.

 

There was some dialogue with MBNA who kept claiming it was enforcable and complied with requests up to a point.

 

During the dispute I was advised to stop paying, ( I realise this was not good advice)

MBNA defaulted me and sold the debt in June 2009.

 

DLC have attempted to get me into a contract/agreement but I have rebutted them

with not entering into a verbal or written contract.

 

I sent a series of letters to them which they have never offered a substantial reply,

if fact they stated that they would not enter into any more communication about the matter.

 

They refuse to move the default and CRA's never fully investigate this in any depth.

 

They say, if the DCA says it's valid it stays.

 

This default should not be on my credit file and should not remain.

 

I really need help on how to progress this to a successful outcome,

 

ie; having the default removed.

 

Please help!

[dadofholly]

In truth you are in default, i believe.

 

Though you may have an agreement that is unenforceable it still exists - it just means they cannot enforce it in Court.

 

Unless you can prove the agreement is unlawful in itself - but if you have had the loan - and not maintained payments - then i do believe they are entitled to record that information.

 

Sorry it's not the view you needed.

 

Have you issued them with a formal CCA request? you could at least keep them off your back.

[alternative-answer]

I don't have a contract with a DCA, I had a contract with MBNA,

a DCA is a third party who have never been granted a permission in my affairs

and have no first hand information in relation to this matter.

 

I think the fact that the DCA have never pursued this speaks volumes,

because they can't take it to court and recover the money.

 

There must be some recourse?

[dadofholly]

But your agreement has been 'sold' to the DCA - therefore they own it - are now the creditor - and as such are able to report to the CRA's

 

The fact they have not pursued the matter may show that they know the agreement is unenforceable - but as i pointed out in my previous post - that does not mean it does not exist.

 

The fact that nobody has posted to counter by comments may indicate that this is correct - I would love to be shown to be wrong - but i am afraid i do not think i am - sorry.

[BRIGADIER2JCS]

I don't have a contract with a DCA, I had a contract with MBNA, a DCA is a third party who have never been granted a permission in my affairs and have no first hand information in relation to this matter. I think the fact that the DCA have never pursued this speaks volumes, because they can't take it to court and recover the money. There must be some recourse?

DoH is correct, you di have a ''contract'' with the DCA, the MBNA account

has been aquired with all the rights and obligations of the original agreement.

You gave your permission for your data to be shared, and for the accounrt to

be sold or assigned to a third party.

You have defaulted on the original agreement and quite corrctly

the DCA is updating the credit file as required, there is absolutely

no reason for the default to be removed.

[alternative-answer]

I am challenging Direct Legal And Collections over the continued refusal to remove a default notice

even though they have never verified the debt and have never pursued me over the debt.

 

They continue to write to me with various threats, but never follow it through.

 

I need to follow the correct procedure from start to finish in relation to a MBNA credit card.

 

I have made a SAR for the original credit agreement, sent the £1.

 

What is the next step if they cannot supply the original agreement?

[dx100uk]

yu don't pay them.

 

tell us the story please

 

I would suspect MBNA placed the default

then sold the debt

 

as its probably all PENALTY charges and PPI.

 

dx

[dx100uk]

11 threads merged dating back to 2009

about the same issue.

 

you need to forget the FoTl twaddle you've tried before that's for sure.

 

cant see anything constructive to advise

that has not already been recommended

and in some cases either rubbished or ignored.

 

dx