How to clear Credit Report after fraud on MBNA card they wont admit to.

[LondonKid]

Hey All,

 

Firstly people on this board have been so helpfull in the past - just want to say a very BIG THANK YOU all for all your great help.

 

Not sure if this is the right place for this post - if not can the MODS please re-locate it - thanks

 

A bit of history - I held a MBNA/Virgin card since 2000 and had never defaulted or otherwise (apart from the odd late payment), until 2007 - when I was advised by MBNA that all of a sudden I had a debt of about £9000. A fraud had occurred on my card (which had not been used for five months). The debt created must be now in access of £10000 (with all the interest they piled on) - of which £7000 being drawn in one transaction at about 9pm from a chip and pin machine (of which MBNA had all the details and a (EDIT)er told me that "...it was not MBNA's job to recovere the money - or investigate as to where it was transferred to..."). Also, a business rates bill being paid over the counter to Hounslow Council. Address changed twice within three days - and new cards and pin ordered to both new addresses. All this confirmed by MBNA. Anyway - to cut a long story short - the Financial Ombudsman are a right bunch of a who are basically in the banks pockets - so they did (EDIT). Numerous letters to MBNA (all recorded) have resulted in no reply. A request for CCA has never materialised - even though letter has been accepted and the money cashed. After reading through all evidence Restons refused to carry the case - so after a year and half gap an Indian outfit called AEGIS is writing to me.

 

What I want to know is that despite all this - I have spoken to Experion about the black mark on my report and they have said that only MBNA can remove that as it is them that have initiated it. But since this was NOT my debt - ho can I clear this fiasco? Do I need to get a solicitor involved? Taking into account that MBNA have NEVER replied to any of my communication (legal or otherwise). This is really worrying me as I need to apply for a small loan - and have already had a credit card declined on me.

 

Any advice as to how I can clear the MBNA crap would be great.

 

Many Thanks

Kal

Edited May 4, 2011 by ukaviator
Edited certain words

[rebel11]

Thread moved.

[BRIGADIER2JCS]

Have you still got any written proof that this fraud has been recorded?

[LondonKid]

Hi BRIGADIER2JCS Yes I have all correspondance between myself and MBNA and their solicitors and the Financial Ombudsman. Many of the letters have just been one-way where I have not had a reply from MBNA. Experian say that they cannot deal with requests like this unless authorised by the organisation concerned. LK

[BRIGADIER2JCS]

Hi,

I have checked with some colleagues of mine if you can prove that

fraud has taken place you should report this to your local police

if they try to give you the brush off insist on speaking a senior officer.

You should then get a crime reference number to refer to MBNA and the solicitors.

also if it is possible I would consult a solicitor who can write a formal request

for information and redress for the foul up they have made.

You could require the CRA to place a notice of disassociation on your report.

[LondonKid]

Hi BRIGADIER2JCS I already went to the Police and have obtained a crime reference number - they told me that no they do not have any powers to chase these up unless instructed to by either the financial firm involved or by a solicitor. all they can do now-a-days is log the crime and provide a number. All this information was provided to MBNA. MBNA have also informed me of what has happened, and how the company where the large amount was transactioned appears to be a bogus company as it does not exist etc etc - in short they already had all this information - but still let someone process the transaction - and now are trying to place the blame someplace. I tried contacting the CRA to place a note of disassociation by like i mentioned they require proof from the originator to carry this out. Since this incident happened in 2007 - and I had been figting since than - MBNA have stopped sending me letters themselves since mid 2009 - when I got a solicitor to write a long winded legal letter to them (to which I still have not recieved a reply and neither has teh solicitor). I, however have recieved the odd letter asking for payment from debt collection agencies based in India - but those I have ignored. I shall speak to a solicitor again - lets see what they say. I just don;t want to keep spending MY money on a screw up that MBNA have done. I wish I could all the money spent back. Thanks for yoru help. ~LK~

[BRIGADIER2JCS]

You are most welcome defo get a solicitor involved asap

tell whoever you consult you want the firmest challenge possible.

good luck Kid!!

Keep us posted on everything.

Another route write to Tony Hetherington at Finacial Mail

he gets a lot of good reponse from this type of problem.

[ticson]

I am sorry to hear about your case Londonkid. I have a similar issue with mbna which is in the courts at the moment. The case has been allocated to FT but as usual mbna are not following the order of the court for disclosure. Unliike yourself I lost my id i believe whilst living in students accomodation in london around 2003 and I only found out about 3 years ago when I returned back to the UK after working oversees for awhile. Even though they know I did not use the cards they say I have to find the person and prosecute them.They seem to make the law for themselves as they go along. their defence in the court case is that because someone had made a few payments on the card initially it is not fraud.

 

Several police officers have told me that that type of fraud is quite common especially in london and other big cities where there may be immigrants or people with bad credit who may choose to assume someones id so that they can be able to have a credit card. They may continue to make payments on the cards until they go back home, or loose their jobs or even get official documents to have credit in their name, then the victim will find out and then its an uphill struggle for them to clear their credit file.

My advice is they will not remove it from your credit file because, their believe is if you need to make for example a mortgage application urgently,the victim will give in and clear the alleged debt.

In my case the debt was sold off to a DCA and I issued a court claim for them to proof my indebtedness to them and also to remove the bad marking from my file. I won and my credit file has been cleared now for over 7 months. However, mbna stated to write to me again to make payments because I believe the DCA returned the account to them.If you are desperate to remove the marking which I assume you are then, issue a claim in your local CC and let them proof to a court you are responsible for that debt. Read on the Payment Service Regulation 2009 Lending code.

[BRIGADIER2JCS]

I will stick to my original advice Kid see a solicitor if the twits at MBNA wont acknowledge fraud

you are going to need on the spot expert advice.