Are MBNA in default of YOUR cca request?

[diddydicky]

and i would complain about all the deletions and insist that they have not complied

 

they are OBLIGED to provide all the information they hold about you

 

clearly these are files relating solely to you and you are entitled to know the bits that have been blanked out

 

i would write and insist on a complete record

 

some of it is CLEARLY about you for it can be deduced that what has been removed in one instance is the ohone number that they called you on

[redsue]

so anyone know where I stand legally about a DN - that's not a DN?

[matsinlondon]

I agree with Citizen B. Although the Banking Code is not a regulatory document it has enough standing in terms of being recognised that the FOS will say well they are only abiding by the code in terms of what it allows them to do. Your only option is legal and that too would be a tough case to argue until such time as the Code is defunct and incorporated in legislation. Moreover, you'd be open to costs. I'd just wait the 6 years out.

 

The bigger question is whether if they subsequently issued a formal DN they could start the clock ticking on the 6 years again. I don't believe they could as the 6 years is not enshrined in law either, it's just an informal agreement between the CRAs and the ICO as to what is reasonable. In terms of information processing no further event would have taken place that was the result of an action by you in that time if they did issue the formal DN. Therefore it would be tough for a CRA to argue to start the clock again.

[Winged Piglet]

I think I may have the answer to your Default Notice and the reason why you can't find it for your account number.

 

MBNA serve a letter of intention as you've quite rightly said under the ridiculous guise of the Banking Code - why only MBNA knows as they issue agreements under the CCA 1974 and are Consumer Credit Licence holders. The reason why you can't find a copy of the DN is because if you don't respond to the letter of intention (which they unlawfully rely upon to register a default), they Charge Off the account (allegedly for tax purposes anyone!) and they change the account number - take a close look at any DN from MBNA anyone has received and you will find the No's do not match! They then serve their own peculiar version of a compliant DN i.e asking for the whole amount, not giving 'not less than 14 days' etc under Section 87 of the CCA where they state that they've already registered the default etc etc. Normally their ploy is before this 'default notice' expires they sell this 'newly numbered' debt to a DCA for more money! MBNA legal team are complete buffoons who do not seem to know their a*se from their elbows!

 

If you have experienced this cr:evil:p from MBNA - please contact Alison Nuttall who is the Chester Trading Standards Enforcement Officer who is responsible for MBNA's compliance. Apparently she is totally unaware (genuinely) that all of us out in the real world are having problems with MBNA and she would love to hear from you BUT she will take the issues and complaints seriously.She is literally looking in to these issues now - so please DO contact her now - the more evidence against MBNA the better the result!

 

You can e-mail her on:

 

[email protected]

 

And yes MBNA trolls if you're reading this - yes it is me!

[miss muppet]

Yeah and me who beat you in court last year, totally concur with the above and only too happy to contact the above mentioned.

[redsue]

I've tried the route of Chester Trading Standards about 3 years ago and they forced MBNA's hand to supply me with a clear copy of the agreement (got loads of prescribed terms missing!) I thought the general consensus was that TS and MBNA were all in bed together having cosy chats once a week with tea and biscuits - the last thing I want is MBNA to slap me with an 'official' DN as I'm 3 years in to the supposed one.

[ro284]

Hi Redsue. Any updates on how things are going for you? regards Ro

[redsue]

Hi all

 

Just over 6 years ago,

I asked MBNA for a copy of my CC agreement plus terms & conditions I signed up for in 1993 for my Girobank CC.

 

After months of them messing about, and sending various T&Cs of what I 'could' have signed up for,

they admitted they did not have the original T&Cs I signed up to.

MBNA dug out a badly copied signed agreement but it contained no prescribed T&Cs that could be linked to it said agreement.

 

They then went on to place a default on my credit file.

I didn't receive a default notice or any warning of this at all.

 

I was hoping it may have been incorrect to challenge it on those grounds,

but unfortunately, I never received one.

 

They never took me to court, they never pursued it any further

- as I believe they couldn't chase the debt due to incorrect paperwork.

 

Fast forward 6 years and the default drops off next month.

This has affected our ability to move house in that time amongst other things.

Previous to this my credit file was really good and clean. It still is, apart from this one default.

 

My question is,

can I now go on to sue them for defamation of character or something similar?

 

I'm also going to pursue a PPI claim against them to for pre-exisiting medical conditions & self employment.

 

I haven't attempted this before as I was afraid they could slap the default on again

this time with a correct Default notice and I would have to wait another 6 years to clear my file.

 

Any advice would be really appreciated

[BSC]

For you to sue you would need to prove without doubt that the debt was not yours. Can you do that?

[fkofilee]

Personally, id cut my losses and run... Your credit file will look much better and i have a feeling that its truly not worth it.

[florish]

In the mid 1990s Lloyds TSB wrongly put a default onto my credit file.

I did have a credit card with them which they incorrectly defaulted.

I wrote a letter asking for compensation of £1,000.

They sent me a cheque for £750.00, which I accepted, and of course the illegal default was removed from my credit file.

Result

[renegadeimp]

You wont get them for defamation of character. It will also be hard for you to get compensation as you havent really done anything about the default in 6 years.

 

You MIGHT be able to get the ICO involved if you can show the default was placed incorrectly AND you have proof you suffered financially due to the alleged error.

[redsue]

BSC - no the CC agreement is signed by me, so it's definitely my debt, however the credit agreement is unenforceable.

 

RenegadeImp - The agreement was unenforceable due to them not being able to produce the credit agreement showing all the correct prescribed terms and conditions. The showed my T&Cs or what they 'could' have looked like. They then defaulted me without sending a DN, therefore not giving me the opportunity to remedy the debt before the default was applied.

 

It good to see that is was remedied Florish and you at least got compensation

[dx100uk]

this thread refers...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?81907-MBNA-ding-ding-Round-2/page3

 

don't think you stand a chance

 

dx

[redsue]

Thanks DX, well I don't really want to flog a dead horse.

 

But MBNA being able to issue defaults on unenforceable agreements without DNs is not entirely good practice is it?

 

There's no way they can issue a correct DN at this point is there, as I'm going to go after them for PPI.

[dpick]

Hi unenforceable just means they cannot enforce in court though some try with those unaware of the regulations that apply they can do almost anything else and some do. MBNA just ignore they HATE that.

 

Going after them for PPI they would just offset against any outstanding debt on the account if you wanted the money you would have to take them to court and get the judge to agree with you.

 

dpick

[redsue]

thanks dpick - I have had the card since 1993, so it's quite a long time paying the PPI (with compound 8% interest) - however, I think I may just draw a line under it now and move on

 

I've waited so, so long for this default to drop off - the next 30 days can't come quick enough!! We can finally begin to look at moving house :)

[renegadeimp]

The agreement was unenforceable due to them not being able to produce the credit agreement showing all the correct prescribed terms and conditions.

 

That only relates to enforcing the debt through a court. They can still add a default.

[dpick]

thanks dpick - I have had the card since 1993, so it's quite a long time paying the PPI (with compound 8% interest) - however, I think I may just draw a line under it now and move on

 

I've waited so, so long for this default to drop off - the next 30 days can't come quick enough!! We can finally begin to look at moving house :)

 

Agree just having rid of them gave me such a lift.

 

dpick

[dx100uk]

the PPI will be at THEIR compounded rate

 

so it will be worth £1000's

 

once the default in the summary reaches 6yrs

it will VANISH from your CRa file NEVER to return.

 

no matterwhat MBNAdo.

 

of course yes they'll prob offset

but with a card of that age for PPI

 

you are in for a huge reclaim

 

browsing the other threads on this card

 

it seems you hae all the statements.

 

so use an AVG APR

and if there are months that you do not know the PPI charges

use an AVG PPI figure of those months you do know.

 

use the CISHEET

 

dx

[BRIGADIER2JCS]

Should have been properly challenged at the start, no effort having been made to reduce the damage likely to be caused will seriously impact on any claim made now or in the future.

[redsue]

Should have been properly challenged at the start, no effort having been made to reduce the damage likely to be caused will seriously impact on any claim made now or in the future.

 

I never challenged at the time as I'd only had my 2nd child 2 weeks previous to the default and my mind was elsewhere.

 

As for no effort, I looked to challenge it 2-3 years in but was scared that they would default me 2-3 years in as I never received any DN.

 

So, yes I'm only coming at now when they can no longer slap me with any further spiteful actions that could seriously impact us for a longer period of time.

[redsue]

the PPI will be at THEIR compounded rate

 

so it will be worth £1000's

 

once the default in the summary reaches 6yrs

it will VANISH from your CRa file NEVER to return.

 

no matterwhat MBNAdo.

 

of course yes they'll prob offset

but with a card of that age for PPI

 

you are in for a huge reclaim

 

browsing the other threads on this card

 

it seems you hae all the statements.

 

so use an AVG APR

and if there are months that you do not know the PPI charges

use an AVG PPI figure of those months you do know.

 

use the CISHEET

 

dx

 

The problem is I don't have the 20 years worth of statements, so I really couldn't work out how much I've paid out over that period. Can I ask for statements going back so far?

[dx100uk]

yes

 

so you've never SAr'd them?

 

dx

[redsue]

yes

 

so you've never SAr'd them?

 

dx

 

Yes, but I think I only got about 6/7 years worth, I will go and dig out what I have and see what payments have been made to PPI for that period.