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BlueBoy12

me and an MBNA default - help

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advice please

- MBNA registered a default with the credit reference agencies then sent me a default notice

- they have acknowledged this in correspondence,

but refuse to remove DN saying they did not have to send a Default Notice?

 

When I got the DN i discussed with MBNA

- by phone unfortunately who said dont worry your account is being monitored and we are trying to help.

 

Before I knew the DN existed at the credit reference agencies I continued paying a small sum each month until partially settling some 9 months later

and MBNA saying the outstanding debt will not be chased.

 

Surely I have a reasonable arguement to have the DN removed.

 

Who is the best body to speak to FSO or ICO?

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They will not remove it as you were in small payments also partial settlement later, they probaly have it down as partialled satisfied and can leave that on there for the 6 year term.


:mad2::-x:jaw::sad:

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My point is that in contravention of the CCA they entered a default before supplying a default notice - ergo the default notice is defective and the entry at the credit reference agencies is defective?

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own thread created.

 

if you were payng less than you should

 

they would have marked the CRA file or xx mts anyway

after 6 of those the it will turn to '8' or 'd'

 

and any how, your PS will be doing you harm too.

 

dx


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advice please

- MBNA registered a default with the credit reference agencies then sent me a default notice

- they have acknowledged this in correspondence,

but refuse to remove DN saying they did not have to send a Default Notice?

 

When I got the DN i discussed with MBNA

- by phone unfortunately who said dont worry your account is being monitored and we are trying to help.

 

Before I knew the DN existed at the credit reference agencies I continued paying a small sum each month until partially settling some 9 months later

and MBNA saying the outstanding debt will not be chased.

 

Surely I have a reasonable arguement to have the DN removed.

 

Who is the best body to speak to FSO or ICO?

If the account is in arrears, they can register a default.

 

It is an old chstnut that they are using regarding the DN. They must issue one if they want to claim the benefit of s88 and get their money back. They cannot take you to court and win, without the DN.

 

Best not to confuse a default registration, with the default notice.

 

With regard to the short settlement, although they say they will not chase, they still can. Indeed they can sell the ballance on to a third party who can then chase. Only a full and final settlement would stop them proceeding.

 

The only chance to remove the default from your credit file, would be to have made it a condition of your settlement, but too late now.

 

Keep hold of your DN in a safe place. It may become relevant.

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Really confused here - thought before a default could be registered a default notice had to be served on the debtor - least why can one apply to have a registered default removed if defective - in my case a default registered before a default notice issued - effectively defective. Any advice greatly appreciated

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No, they can register that you are behind on payments. They cannot register the DN, before they issue it but other defaults can be registered.

 

If the DN is defective, you can try and have it removed, but it is unlikely that you would succeed.

 

You would have defaulted on your agreement, the first time that you missed a payment. What exactly is registered on your CRA.

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i always think it better to refer to the monthly reports on a cra file as 'markers' as described above

creditors do not report 'defaults' every month, but a status marker [late/over/under/missed etc]

 

these on a cra file simply get shown [universally] as a std 1,2,3 etc 'marker' [not of what type]

 

some cra's even confuse things more by actually using the letter 'd' when its not a 'default'

 

and they themselves decide after 6 such markers to mark and shown the status as D.

this has no relation to if or not a DN HAS been sent by the creditor.

 

dx


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Thanks for all the replies. I fully understand the 'markers' as described and that creditor can show how an account is managed on an ongoing basis. But I believe that before they can mark the account as defaulted, ie an '8' they must send a default notice. See the attached file this make explain my concerns better.

CRA extract Sheet1.pdf

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i would suggest that the route i explained is what has happened

 

the cra sytem has automatically marked it as '8' in default

 

though typically 8 does not continue to appear.

 

have you tried another cra suppplier to check.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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