Drydens for Max Recovery - MBNA card Default On Credit File

[confused4sum]

Doa?

 

They are using the NOA as the DOA.

 

But its not got any name address or identifying account number on it LOL

[AndyOrch]

They're not using the Deed of Assignment as the Notice of Assignment...only you keep referring to a Deed rather than a Notice.

 

Only a district Judge can Order a claimant to disclose the Deed of Assignment...not a debtor/defendant or even Solicitor.

 

The reason it has not got your name or address on or account number is because it a template...a blank example of what you should have received.

 

And yes they will need the original or a reconstituted version if they ever went to court...but your not in court nor as a claim been made against you

[confused4sum]

There is no current legislation that prevents me from seeing the deed of assignment.

 

The other issue I have is in relation to Drydens supplying me with an executed copy of the original credit card agreement.

 

The credit card agreement is far too small to be read, thus ineligible.

 

They are saying that they cannot supply me with an enhanced copy as the agreement is old ie done in 2011, and mbna failed to provide with a full sized copy.

 

Because the agreement is too small and can't be read properly, does this also make the agreement unenforceable on those grounds?

 

I understand from the Consumer Credit Act that agreements must be clear and eligible to be read, but mine isn't, its too small?

[AndyOrch]

There is no current legislation that prevents me from seeing the deed of assignment.

 

Ask your neighbour can you look at her invoice for her second hand car she purchased..see what she says .....same thing..... its between MBNA and Max Recovery..the deed only shows the value of what the debt was purchased for.....absolutely no concern of you the debtor...you agreed to it in the T&Cs of your agreement.

 

The other issue I have is in relation to Drydens supplying me with an executed copy of the original credit card agreement.

 

The credit card agreement is far too small to be read, thus ineligible.

 

They are saying that they cannot supply me with an enhanced copy as the agreement is old ie done in 2011, and mbna failed to provide with a full sized copy.

 

Because the agreement is too small and can't be read properly, does this also make the agreement unenforceable on those grounds?

 

I understand from the Consumer Credit Act that agreements must be clear and eligible to be read, but mine isn't, its too small?

 

Yes it should...its actually section 61 CCA1974...but none of the above is of any use to you until/if you ever receive a court claim...so I really do not understand what your problem is....ignore them

[confused4sum]

Thank you for telling me about Section 61 didn't know this.

[confused4sum]

I sent an SAR request to MBNA today enclosing the £10 fee.

 

I'm trying to establish exactly when the account went into default.

 

I know its about a 40 day wait.

 

I have asked for a copy of the original default notice, even though I have been told on the phone they can't supply it, only a screenshot showing when it was created and sent.

 

Does anyone know what they will supply me with, never done one before?

[dx100uk]

Lots of paperwork I expect..

 

Threads merged

[confused4sum]

I sent the SAR to mbna on the 6th October along with the £10 cheque.

 

I the letter I stated "DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST" as the heading.

 

I then listed what documentation I wanted them to supply.

 

MBNA have just written back to say the £10 cheque has been destroyed.

 

They claim they didn't understand what I was asking and are asking if its an sar request!?

 

You can't make this up can you!!

 

I think its delaying tactics!!

[fkofilee]

Yes mbna it is a sar request!!! Grrrrrrrrrrrrrrr!

[confused4sum]

if I send a reminder letter, and they do it again, what happens then?

 

I need the information.

[confused4sum]

I received an interesting email from the Case Manager at MBNA this morning.

 

I can safely say I feel quite smug!

 

MBNA have told me that the default date they recorded was the 1st June 2012.

 

I informed them that Max Recovery is recording a default date of 3rd August 2012.

 

I showed mbna a print out of my experian credit file clearly showing incorrect date of default by Max Recovery.

 

I've just spoken to the Case Manager on the phone and she's going to ask Max Recovery to change the default date accordingly.

 

So my question is this; if Max Recovery refuse to change the default date to the original creditor, what can I do about it?

 

Would I be able to bring a claim for damages against Max Recovery for incorrect default date!?

[AndyOrch]

Have you suffered any damages ?

[confused4sum]

Yes, the default obviously has affect my credit rating.

 

Plus, under ICO guidelines their default has to match the original creditors.

[AndyOrch]

But irrespective of the 2 month difference ..you did default with the OC 1st June 2012...so its just a correction required.

[confused4sum]

The Credit Services Association has told me I am entitled to compensation for how long an iccorect default has been listed on my credit file.

 

They are asking Max Recovery for compensation on my behalf.

[AndyOrch]

Fair enough..let us know how you get on and how much they award.

[confused4sum]

Will do.

[confused4sum]

Received an email today from the Credit Services Association informing me that Drydensfairfax have refused to offer me compensation for the incorrect default date on my credit file.

 

They claim that "there has been no financial/material detriment caused and this was not an error on their behalf".

 

Unfortunately for Drydensfairfax under Data Protection Act 1998 Principle 4, all data must be kept accurate and up to date.

 

Plus, I have been given a higher rate of credit recently, because my credit score dropped due to them updating the CRA's.

 

Where do I stand on Data Protection regarding a claim!?

[dx100uk]

nothing to do with data protection.

[AndyOrch]

nothing to do with data protection.

 

Well it is connected but for the sake of 2 months difference.....its irrelevant. the default was correct...your score was already impaired....as you did default.

[confused4sum]

I don't know why but MBNA have done a soft search on my credit file in relation to the SAR request.

 

Is this normal practice even though they know my details already!?

[fkofilee]

Strange in relation to a SAR request however yes its normal for them to do this.

Does it say something like ID Check etc?

[confused4sum]

After receiving my initial SAR request on the 6th October, I've noticed on my recent credit report, MBNA made an unauthorised and unnecessary search on my credit file.

 

I have suffered damage to my credit rating as a result of the search being conducted without my knowledge or consent.

 

I've spoken to the ICO this morning who have told me it is NOT normal practice for this to be done after an SAR has been made.

 

So my question is this;- am I entitled to compensation over this matter and how do I get MBNA to remove the search?

 

On the search conducted it says "ACCOUNT MANAGEMENT".

 

What does that have to do with an SAR request and why should it be on my credit file in the first place?

[fkofilee]

Can you screenshot it and post it up?

[dx100uk]

probably address checking

it doesnt harm you and no-one else can see it