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No Default Notice Recieved

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  • #16
    Re: No Default Notice Recieved

    Make sure you keep records (print outs) of the offending data they are recording, showing month on month changes

    Comment


    • #17
      Re: No Default Notice Recieved

      Originally posted by ncf355 View Post
      Make sure you keep records (print outs) of the offending data they are recording, showing month on month changes
      Thanks for all of the above.

      *Edit*

      I've created the 2 letters as you have given and attached copies of the originals and sent them first class signed for today.

      In regards to the credit agreement, they sent me a printout of a very basic agreement which looked like it had been typed in large font in word over 2/3 pages. This was not an original nor did it look like a correct credit agreement. I will get a copy of this if you like and upload it ?
      Last edited by ExeCute; 4th April 2014, 08:08:AM.

      Comment


      • #18
        Re: No Default Notice Recieved

        Originally posted by ncf355 View Post
        Hi,

        I assume you have checked your files to see if they've removed it without telling you?


        Also, looking back through, despite the SAR you still havent had a copy of the original agreement and related terms?



        Please answer the above, and in the meantime, here's letter #2:
        They have not removed it.

        I have attached the copy credit agreement they sent.
        Attached Files

        Comment


        • #19
          Re: No Default Notice Recieved

          Was the agreement opened online?

          It certainly looks as though it has most, if not all, of the required content but as it was executed prior to April 2006, I was of the impression they require a signed agreement to enforce it?

          Comment


          • #20
            Re: No Default Notice Recieved

            You are correct, if I recall correctly it was an offer online which I signed up for. I think I may have had something in the post after I signed up online which I signed, but I cant remember 100%

            Comment


            • #21
              Re: No Default Notice Recieved

              Hi,

              undoubtedly, if we were to go through it with a fine tooth comb there would be areas required by the CCA 74' that are missing, but the most glaring appears to be lack of a signed agreement containing the prescribed terms of the CCA 74', which in my view makes it unenforceable at law.

              For the time being, I would concentrate on getting the default removed and leave that one for later, but I certainly wouldn't be paying any more to them.

              Obviously the above (re non payment) only stands if you are happy to fend off their threatograms etc, bearing in mind it is unlikely they can do anything other than make threats.

              The worst you could expect would be a doorstep visit, but unless they have a court order based on a judgment they are unlikely to gain, you could simply tell them to 'kindly leave' as they have absolutely no power over you.

              Comment


              • #22
                Re: No Default Notice Recieved

                This article is a long read, but the jist seems to be that come what may, (certainly as at March 2010) the creditor/DCA would require a document signed by both parties to be enforced.

                I cannot see how, considering the date your agreement was executed, the electronic communications act would assist them against this (that is, to allow a simple 'tick in the box' to be regarded as your signature).

                Comment


                • #23
                  Re: No Default Notice Recieved

                  Nuts,

                  sorry, keep forgetting you've paid the balance!

                  Comment


                  • #24
                    Re: No Default Notice Recieved

                    Indeed. Thanks anyway.

                    I will let you know in a weeks time if I have heard anything. Im running into a lot of issues lately due to this Default

                    Comment


                    • #25
                      Re: No Default Notice Recieved

                      Originally posted by ExeCute View Post
                      Indeed. Thanks anyway.

                      I will let you know in a weeks time if I have heard anything. Im running into a lot of issues lately due to this Default
                      Just an update further to your letters which I sent a week ago, nothing has changed on my credit record.

                      Moorgate sent a final answer saying until MBNA can tell them the default should have been issued earlier then there is nothing they can do.

                      Comment


                      • #26
                        Re: No Default Notice Recieved

                        Well,

                        if Durkin proved anything, its that Moorgate should most definitely remove it until such time they can prove it!

                        Make sure you keep all these replies safe

                        Comment


                        • #27
                          Re: No Default Notice Recieved

                          Originally posted by ncf355 View Post
                          Well,

                          if Durkin proved anything, its that Moorgate should most definitely remove it until such time they can prove it!

                          Make sure you keep all these replies safe
                          Reply from MBNA dated the 15th April :-

                          "Please accept my apologies for the delay in responding, however our investigations are taking longer than anticipated. We will issue a response by 14th May."

                          Comment


                          • #28
                            Re: No Default Notice Recieved

                            Hmm,

                            not exactly time efficient, are they?

                            Comment


                            • #29
                              Re: No Default Notice Recieved

                              MBNA have finally replied to me today and im so angry.

                              "I can confirm that we have already issued a final response regarding this matter under reference ########. We did not uphold your complaint, and you have since referred the case to the financial ombudsman service where it remains under investigation"

                              It's as if they have not read my letter at all.

                              I made a complaint a few months back in regards to not receiving a notice of default. Does this have any affect on this new complaint which you have been advising me on ?

                              It's driving me crazy as I was rejected by Natwest for a £75 overdraft to pay an early bill this month. I have a 999 credit score and its this damn default causing me all kinds of issues.

                              I dont know what to do

                              Comment


                              • #30
                                Re: No Default Notice Recieved

                                Originally posted by ncf355 View Post
                                Hmm,

                                not exactly time efficient, are they?
                                Any advice on how I should proceed on this ? Or do you think that's pretty much the end for this ?

                                Comment

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