Default

[a-a]

My credit card debt was defaulted and sold by MBNA to Direct legal and Collections. As to this date DLC have never proved I owe them any money and have never started collection proceedings against me. My agreement was audited by solicitors who produced a report that showed 9 breaches in it. There was some dialogue with MBNA who kept claiming it was enforcable and complied with requests up to a point. During the dispute I was advised to stop paying, ( I realise this was not good advice) MBNA defaulted me and sold the debt in June 2009. DLC have attempted to get me into a contract/agreement but I have rebutted them with not entering into a verbal or written contract. I sent a series of letters to them which they have never offered a substantial reply, if fact they stated that they would not enter into any more communication about the matter. They refuse to move the default and CRA's never fully investigate this in any depth. They say, if the DCA says it's valid it stays. This default should not be on my credit file and should not remain. I really need help on how to progress this to a successful outcome, ie; having the default removed. Please help!

[MrsD]

Re: Default

hmm its always difficult to move a default, especially if you have actually defaulted.

when did you take the credit card
when did you stop paying
who owns the debt and do you have notices of assignment
have you asked for a cca

[Never-In-Doubt]

Re: Default

Hi

Please stop duplicating threads - thanks

[Never-In-Doubt]

Re: Default

Read this - explained in layman for ease and clarity with links to legislation in second post: ---> UPDATED - Defaults, The Law Removal - allaboutFORUMS

[a-a]

Re: Default

Stopped paying September 2008, there was a challenge commenced in September 2008 around the enforcability, unfortunately that process did not go as well as it could have. I took the credit card out in 4th May 2007 and defaulted on 30/06/2009 by MBNA who then sold the debt. I sent a series 3 letters asking for proof of claim, signed contracts and validation of said debt to which they have never supplied. DLC claim they have been assigned the debt but insist they don't need to supply said deed? Have never asked for copy of agreement, I have the audited agreement which shows breaches.

[MrsD]

Re: Default

ok if you have recieved a document puporting to be a CCA from a creditor, email it to Niddy

best to have it checked by an expert!

[Never-In-Doubt]

Re: Default

McGuffick v RBS put paid to any appeal you may think you are entitled to - basically the facts are you did default so unfortunately the default will stay for 6yrs.

Nothing you can do, other than try and haggle full repayment for removal which even then, I suspect they'll decline as they are legally allowed to add one.

Sorry but I can't tell you want you want to hear to be nice, I have to be truthful and that means telling you you're wasting your time fighting over the actual default itself.

[Never-In-Doubt]

Re: Default

ok if you have recieved a document puporting to be a CCA from a creditor, email it to Niddy

best to have it checked by an expert!

no point, he wants the DN removed - cannot be done as per McGuffick v RBS

[a-a]

Re: Default

I don't have a contract with a DCA, I had a contract with MBNA, a DCA is a third party who have never been granted a permission in my affairs and have no first hand information in relation to this matter. I think the fact that the DCA have never pursued this speaks volumes, because they can't take it to court and recover the money. There must be some recourse?

[Never-In-Doubt]

Re: Default

Doesn't matter I'm afraid. The lender can assign it.

I'm not being awkward but you simply need to establish proof via the owner. If you don't owe it then they'll remove it.

If you do owe it then they'll refuse. It's simple.

The moment you signed the agreement you gave permission to mbna's third party list including all dca's they want to sell the debt to.

Why not see out the 6yrs and let it go statute barred!