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Is this Invalid Default Notice?

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Hi All,

 

I asked for the CCA of the MBNA CC never recieved one for almost 11 months now. MBNA sent me a letter dated 22/09/09 about the default notice to be placed on my credit file. But the date the default entered on my file is 30/09/09.

Also MBNA now have sold the debt to DCA.

 

Can please anyone tell me what to do now?

 

Thanks.

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Ok, what is your aim?

 

If its to hold off the DCA I'll move this to the MBNA thread as its more suited to that forum where others who have been passed to the same DCA will give advice.

 

If its to fight the default on your record then you could either make a complaint to the ICO or take them to court citing the fact they didnt give you enough time to rememdy the default notice prior to marking your credit file.

 

Personally tho I think a judge will look at it and say you havent really been prejudiced in anyway as you didnt comply with the default notice and therefore you would have had the default put on at some point... just my opinion tho.

 

You need to be aware that following Mcguffick vs RBS and Carey vs HSBC basically a creditor can carry on marking your credit file and asking for monies even if in default of replying to a s78 request. The only thing they cant do is obtain a judgement in court.

 

S.

Edited by the_shadow

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post up the letter

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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