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mbna default removal advice


Stornoway
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Hi, just completed my first claim against MBNA which was very painless;

- 17th Dec sent S.A.R

- 17th Jan recd details of charges with offer of £800 refd to a/c

- 20th Jan sent prelim for £4000 (£1700 charges +1150 interest +1150 contractual interest). Letter included my acceptance of £800 as partial payment only.

- 31st Jan called customer advocates offices to "see if we can reach an amicable agreement without going to court"

- 1st February advocates office called back and offered revised figure slightly short of what I want (a few hundred) which I've accepted in principle.

 

However....there are two problems with the offer;

1. the account is with a DCA (debt has been sold) so MBNA are refusing to issue a cheque and will instead reduce the balance outstanding

2. I have two defaults issued on this account (one from MBNA and one from the DCA).

 

The default is the biggest issue for me - any ideas on how I can get it removed ? I've read threads saying that you can only have 1 default on one account but I need to establish which regualtions govern this ?

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Hi stornoway you can only have one default per debt, make it part of your claim that the default be removed as the default was caused by the charges, for this though you need to put this in both your prelim and lba so as to make them clear of your intentions, you could write a rejection of settlement offer and state that you wish for the removal of adverse information which is on your credit file which is due partly or wholly to unlawfull charges.

 

To clarify the two defaults say you default for £5000 for aa bank and they sell on the debt to a dca and say you agree to a payment plan with them and fail to stick to it then they can issue another default under their name also.

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George

 

Thanks for the reply. That is exactly what has happened but in my LBA I want to quote the specific legislation which states that you can only have 1 default per account - do you know what this legislation is ?

 

Thanks again.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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