MBNA Defaults registered on CRA's No official DN's received URGENT PLEASE

[smactaff55]

Hi all
I have 2 MBNA CC's both of which I put into dispute on 11/12/2009 after requesting copy CCA's on 16/11/2009, only receiving 1 CCA which was invalid as only a copy of application form and no PT's or T & C's.
Attached is only correspondence I've received from MBNA re default threats (NB The letter dated 5/1/10 I received 1 each for my accounts but thought only post up 1) and have not received any official notification ie DN's.
I received E Mail alerts recently from both experian & Equifax as I subscribe monthly to both and on checking MBNA have registered my 2 a/cs as Defaulted.
As the 2 a/cs are now defaulted illegally can I assume this is an illegal recission on both my agreements.
Any and all advice would be greatly appreciated. I do not want to contact MBNA yet in case they can rescind their error.

[Steward]

You can use Google to search the web using these links below:-

[supasnooper]

No, the accounts are not illegally defaulted.

Your assumption is incorrect as well.

MBNA have informed you that you have defaulted in not paying the required monthly payments (which they are obliged to do) and what may happen if you don't speak to them.

For an account to be terminated, they must first serve a Default Notice that is served under s87 of the Consumer Credit Act 1974 and then send you a Notice of Termination after the time given on the Default Notice to remedy the account has expired.

If MBNA terminate the account prior to the time allowed, then that would be deemed unlawful recission of contract.

[smactaff55]

Hi SS
Thanks for your reply.
So what you're saying is that what MBNA have done is legal by registering defaults despite me not receiving the normal DN's in accord S87, demanding immediate payment as opposed to giving 7, 14, 21, or 28 days notice to pay an amount, and registering the defaults and threatening to sell on debts even though I had put them on notice of accounts in dispute on 11/12/2009.
Am I missing a relevant point or points here as throughout the forums I have read my understanding is that once accounts have been put on notice through failure to produce a copy of an enforceable agreement no further action could be taken.

[haggis1984]

Hi SS
Thanks for your reply.
So what you're saying is that what MBNA have done is legal by registering defaults despite me not receiving the normal DN's in accord S87, demanding immediate payment as opposed to giving 7, 14, 21, or 28 days notice to pay an amount, and registering the defaults and threatening to sell on debts even though I had put them on notice of accounts in dispute on 11/12/2009.
Am I missing a relevant point or points here as throughout the forums I have read my understanding is that once accounts have been put on notice through failure to produce a copy of an enforceable agreement no further action could be taken.

Hi,

As snoop says I think youve crossed your wires a bit there unfortunately. Have a look here to understand defaults:

http://www.consumeractiongroup.co.uk...t-notices.html

Have you had any correspondence from debt collectors?

Best thing to do now is get in an SAR to MBNA, specifically requesting copies of all correspondence (This will give you copies of any default notice they claim to have sent) and a communciations log - which will show when the default notice was sent.

As theyve requested you pay the full amount they have now terminated the agreement. Now we need to find out if they can proove they did that lawfully - this is why you need to see what they claim to have sent.

Im assuming you're claiming a dispute as they havent complied with a s78 request? What have they sent so far?

[smactaff55]

Hi H. Thanks for your input.
I have received no correspondence from debt collectors and all letters have come from MBNA.
Surely, if they had issued official DN's they would not be chasing me up with reminders?
They wrote to me on 29/1/10 acknowledging my "Accounts in Dispute" letters but stating they could not trace my request for CCA's despite them sending me a copy which I received on 2/12/2009. Could I ask you to look at my other MBNA thread which is in the debt collection library headed "MBNA CCA Help re Validity" dated 10/12/2009. There you will see the copy supposed CCA and they only sent me 1.

[smactaff55]

Hi H
Received your post but went into my other thread.
Note with thanks your input. Will send for SAR and keep you posted. Also I have all correspondence from MBNA from day 1.

[supasnooper]

To clarify, what MBNA have sent so far are Notices of Default ( which they are now obliged to send )....... not a Default Notice.

Here is what a Default Notice from MBNA served under s87 of the Consumer Credit Act looks like -

http://www.consumeractiongroup.co.uk...t-1734964.html

At the moment, it reads that MBNA are trying to get you to pay them what is owed before moving on with further action.

[haggis1984]

To clarify, what MBNA have sent so far are Notices of Default ( which they are now obliged to send )....... not a Default Notice.

Here is what a Default Notice from MBNA served under s87 of the Consumer Credit Act looks like -

http://www.consumeractiongroup.co.uk...t-1734964.html

At the moment, it reads that MBNA are trying to get you to pay them what is owed before moving on with further action.

Oops didn't notice the attachments before.

If they are only requesting the arrears then Im wrong and they havent yet terminated the agreement. Wait until they actually issue the default notice then get the SAR out to them.

MBNA have a habbit of sending defaulgt notices then selling the account before the recitification date. If they do this to you it strengthens your defence.

[smactaff55]

Hi SS & H. Again, thanks for your inputs. Greatly appreciated.
I'll wait now to see when I receive the official DN's.
SS- So on a Notice of Default, they can register the full balance as defaulted on the CRA's?

[smactaff55]

Hi all. Further developments and correspondence.
My previous posts in this thread referred to MBNA registering Defaults with CRA's based on Notices of Default as opposed to DN's and I had not received any DN's. These show on my Credit Files as defaulting on 30/1/2010 and updated 31/1/2010. Both defaults registered 1 day early to the end of the month as stated in their letter re Notice of Default.

I subsequently received 2 DN's dated 8-2-2010 and received on 12/2/2010 giving me to the 25/2/2010. Both envelopes I've kept and are marked UK mail so posted 2nd class. IMHO both DN's are invalid as has not given me 14 calender days to rectify ie 26/2/2010. I know it's only 1 day out but it is a document that should be 100% correct to be valid.
I liken it to a Driving ban. If I were banned and decided to drive the day before my ban was over and was caught I would be done for being a disqualified driver. 1 day or 4 days it is still illegal.

Despite the above 1 day difference, is what MBNA have done illegal as they've registered Defaults against me before issuing DN's!!??

I have also today received corr from Experto Credite advising they have now bought my alleged debts from MBNA. I have received no notification from MBNA that my alleged debts have been sold to this company nor any termination letters. However, as the alleged debts have been sold do I take it from this that MBNA have in fact terminated?

I have still not received valid CCA's.
Any opinions/observations etc would be greatly appreciated as to my next steps and that my assumptions as above are correct.

[smactaff55]

Bump
Am bunping as would really appreciate any help/observations for my next steps.
Incidentally, Credite's letters are dated 2/3/2010

SS