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  • FIRST POST
    • MSnonexpert
    • By MSnonexpert 14th Mar 17, 3:01 PM
    • 7Posts
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    MSnonexpert
    MBNA - Non default of credit card
    • #1
    • 14th Mar 17, 3:01 PM
    MBNA - Non default of credit card 14th Mar 17 at 3:01 PM
    Hi Everyone,

    I am having a bit of a long running battle and wondered if anyone had a similar story or any advise.

    I started on a DMP in 2009 and made reduced payments on a MBNA credit card.

    MBNA wrote to say i was continuing in arrears etc, threatened several times to default my account if i didn't pay 'x' and said that my facility to use the credit card had been withdrawn but the account was never defaulted.

    The account was also sold to Britannia Recoveries who used Moorgate to manage the account but still never defaulted.

    The account has now been paid off but will stay on my credit file for another 5 1/2 years now. Had MBNA defaulted me way back in 2009 the account would have gone in 2015.

    My argument with MBNA is that because they withdrew the credit card facility from me whilst I was on a DMP that this means our relationship had broken down and the account should have been defaulted at that point.

    Has anyone seen where this would be a valid argument and whether anyone could or has had the entire entry removed completely from their credit file because the company should have defaulted the account.
Page 1
    • PeacefulWaters
    • By PeacefulWaters 14th Mar 17, 4:44 PM
    • 7,288 Posts
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    PeacefulWaters
    • #2
    • 14th Mar 17, 4:44 PM
    • #2
    • 14th Mar 17, 4:44 PM
    Its a rubbish argument and they can default later than they can do if they want to.

    Some people would appreciate the delay.
    • dumpyboy
    • By dumpyboy 14th Mar 17, 7:49 PM
    • 366 Posts
    • 84 Thanks
    dumpyboy
    • #3
    • 14th Mar 17, 7:49 PM
    • #3
    • 14th Mar 17, 7:49 PM
    How to the monthly staus appear they use 6 on mine for in red for over 6 years went to fos to try to get them defaulted back dated refused went to the I do they made mbna Change it to green payments made on time but with a headline special arrangement.all this took over 3 years, one of ico guidelines for a account in default is it being sold on, mbna are a truely evil company good luck in trying to get something done , some people on here believe in what how mbna show accounts in default and punish people for up to 20 years , my threads are still on here.
    • PeacefulWaters
    • By PeacefulWaters 14th Mar 17, 10:41 PM
    • 7,288 Posts
    • 9,018 Thanks
    PeacefulWaters
    • #4
    • 14th Mar 17, 10:41 PM
    • #4
    • 14th Mar 17, 10:41 PM
    How to the monthly staus appear they use 6 on mine for in red for over 6 years went to fos to try to get them defaulted back dated refused went to the I do they made mbna Change it to green payments made on time but with a headline special arrangement.all this took over 3 years, one of ico guidelines for a account in default is it being sold on, mbna are a truely evil company good luck in trying to get something done , some people on here believe in what how mbna show accounts in default and punish people for up to 20 years , my threads are still on here.
    Originally posted by dumpyboy
    Err what????
    • MSnonexpert
    • By MSnonexpert 15th Mar 17, 8:16 AM
    • 7 Posts
    • 1 Thanks
    MSnonexpert
    • #5
    • 15th Mar 17, 8:16 AM
    • #5
    • 15th Mar 17, 8:16 AM
    I was marked at 6 for around 18 months before it was sold on, then Moorgate marked me as 6 as well for around 3 years as well, so they got me both ways really, just a shame some people don't see it that way like us who have to go through companies purposely doing this. Some people on here must work for MBNA.
    • Nasqueron
    • By Nasqueron 15th Mar 17, 8:43 AM
    • 4,047 Posts
    • 2,336 Thanks
    Nasqueron
    • #6
    • 15th Mar 17, 8:43 AM
    • #6
    • 15th Mar 17, 8:43 AM
    Don't give the answer I want to hear = you must work for the form lol

    One of the oldest lines in the book
    • Rich7111
    • By Rich7111 15th Mar 17, 9:30 AM
    • 52 Posts
    • 39 Thanks
    Rich7111
    • #7
    • 15th Mar 17, 9:30 AM
    • #7
    • 15th Mar 17, 9:30 AM
    I have full sympathy for the OP here. In all honesty, you are correct in what you are saying. Month 1 you didn't make the payment or didn't make the minimum payment, in month 2 you didn't make the payment or make the full payment, technically you are in default (depending on your actual credit agreement) but usually 2 missed payments are enough to cause an account to be legally defaulted.

    In some ways, you making any kind of payments has caused more damage which is wrong, had you stopped paying altogether, they would of defaulted the account, sold the full balance and you would be in a better position.

    Now, where as I agree that was harsh, I cannot see how MBNA can agree to putting Green ticks on to your credit report as your account was legally behind, legally they have to explain the situation. Had you of cleared all the arrears and brought your account up to date through the period, they would of marked an account settled which would help.

    Did MBNA send you a default notice at any time? If they did, you may have grounds, I am sure the fact the account was in arrears they would of had to send a notice of default. It's tricky, you can only keep the pressure on MBNA, however, if they can go back to that date and change it I am not sure.

    You should of maybe at the start demand MBNA defaulted the account then, don't worry too much, if the balance is zero and is not showing as a default it is better.

    It shows you had an account which got into serious arrears, but hey, they paid, it's now clear. As this gets older, it will be taken less into consideration, think of this, millions default and never pay back, you did the right thing, You could add a notice of correction, although, I hear this is worse
    • MSnonexpert
    • By MSnonexpert 15th Mar 17, 11:37 AM
    • 7 Posts
    • 1 Thanks
    MSnonexpert
    • #8
    • 15th Mar 17, 11:37 AM
    • #8
    • 15th Mar 17, 11:37 AM
    I have full sympathy for the OP here. In all honesty, you are correct in what you are saying. Month 1 you didn't make the payment or didn't make the minimum payment, in month 2 you didn't make the payment or make the full payment, technically you are in default (depending on your actual credit agreement) but usually 2 missed payments are enough to cause an account to be legally defaulted.

    In some ways, you making any kind of payments has caused more damage which is wrong, had you stopped paying altogether, they would of defaulted the account, sold the full balance and you would be in a better position.

    Now, where as I agree that was harsh, I cannot see how MBNA can agree to putting Green ticks on to your credit report as your account was legally behind, legally they have to explain the situation. Had you of cleared all the arrears and brought your account up to date through the period, they would of marked an account settled which would help.

    Did MBNA send you a default notice at any time? If they did, you may have grounds, I am sure the fact the account was in arrears they would of had to send a notice of default. It's tricky, you can only keep the pressure on MBNA, however, if they can go back to that date and change it I am not sure.

    You should of maybe at the start demand MBNA defaulted the account then, don't worry too much, if the balance is zero and is not showing as a default it is better.

    It shows you had an account which got into serious arrears, but hey, they paid, it's now clear. As this gets older, it will be taken less into consideration, think of this, millions default and never pay back, you did the right thing, You could add a notice of correction, although, I hear this is worse
    Originally posted by Rich7111

    Thanks, They sent me 4 letters headed 'DEFAULT NOTICE..................' and said my account would default and this was all back in 2009. I never made the full payment that they requested but I never defaulted.

    This confused me back then as I didn't understand the difference between them using 'default' in letters etc. to make it look like a default as opposed to sending an official default notice quoting the correct legislation and giving the correct timescales and follow up letters.
    • dumpyboy
    • By dumpyboy 15th Mar 17, 9:16 PM
    • 366 Posts
    • 84 Thanks
    dumpyboy
    • #9
    • 15th Mar 17, 9:16 PM
    • #9
    • 15th Mar 17, 9:16 PM
    I was marked at 6 for around 18 months before it was sold on, then Moorgate marked me as 6 as well for around 3 years as well, so they got me both ways really, just a shame some people don't see it that way like us who have to go through companies purposely doing this. Some people on here must work for MBNA.
    Originally posted by MSnonexpert
    I had 7 years of red 6 being marked , with the prospect of a further 11 , the data protocols say that 6 can not be used in place of a default so like I said went to fos got rejected but the ico after being with them two years had them changed to green with ar in them a header special arrangement and marked closed no latter the 28 days after last payment changed my credit file overnight when it was applied
    • dumpyboy
    • By dumpyboy 15th Mar 17, 9:32 PM
    • 366 Posts
    • 84 Thanks
    dumpyboy
    I have full sympathy for the OP here. In all honesty, you are correct in what you are saying. Month 1 you didn't make the payment or didn't make the minimum payment, in month 2 you didn't make the payment or make the full payment, technically you are in default (depending on your actual credit agreement) but usually 2 missed payments are enough to cause an account to be legally defaulted.

    In some ways, you making any kind of payments has caused more damage which is wrong, had you stopped paying altogether, they would of defaulted the account, sold the full balance and you would be in a better position.

    Now, where as I agree that was harsh, I cannot see how MBNA can agree to putting Green ticks on to your credit report as your account was legally behind, legally they have to explain the situation. Had you of cleared all the arrears and brought your account up to date through the period, they would of marked an account settled which would help.

    Did MBNA send you a default notice at any time? If they did, you may have grounds, I am sure the fact the account was in arrears they would of had to send a notice of default. It's tricky, you can only keep the pressure on MBNA, however, if they can go back to that date and change it I am not sure.

    You should of maybe at the start demand MBNA defaulted the account then, don't worry too much, if the balance is zero and is not showing as a default it is better.

    It shows you had an account which got into serious arrears, but hey, they paid, it's now clear. As this gets older, it will be taken less into consideration, think of this, millions default and never pay back, you did the right thing, You could add a notice of correction, although, I hear this is worse
    Originally posted by Rich7111
    If it had been defaulted in 2009 it would been gone now , the person says it going to show for 5 and half more years so mid 2022 ,so mbna can report the account with red 6 for 13 years and I can tell you from bitter experince you can forget about getting any credit cards or even a current account ,where the fairness in mbna being allowed to report that
    • dumpyboy
    • By dumpyboy 15th Mar 17, 9:38 PM
    • 366 Posts
    • 84 Thanks
    dumpyboy
    Err what????
    Originally posted by PeacefulWaters
    Maybe the posters right you work for mbna or maybe you do not know how they operated back in the 2007 and 2009 , if you made reduced payment they never defaulted the accounts but kept showing them for ever in arrears at 6
    • boo_star
    • By boo_star 15th Mar 17, 10:56 PM
    • 1,328 Posts
    • 677 Thanks
    boo_star
    Maybe the posters right you work for mbna or maybe you do not know how they operated back in the 2007 and 2009 , if you made reduced payment they never defaulted the accounts but kept showing them for ever in arrears at 6
    Originally posted by dumpyboy
    They don't, stop being silly.
    • PeacefulWaters
    • By PeacefulWaters 16th Mar 17, 9:43 AM
    • 7,288 Posts
    • 9,018 Thanks
    PeacefulWaters
    Maybe the posters right you work for mbna or maybe you do not know how they operated back in the 2007 and 2009 , if you made reduced payment they never defaulted the accounts but kept showing them for ever in arrears at 6
    Originally posted by dumpyboy
    I've never worked for MBNA.

    But you're posting incoherent twaddle.
    • MSnonexpert
    • By MSnonexpert 16th Mar 17, 1:26 PM
    • 7 Posts
    • 1 Thanks
    MSnonexpert
    I've never worked for MBNA.

    But you're posting incoherent twaddle.
    Originally posted by PeacefulWaters
    I think the point of it is, PeacefulWaters, is that I asked for advice and so far in your posts you haven't given any advice or made any attempt to suggest why you think MBNA are correct.

    If I am wrong in what I am saying I would very much appreciate why you think MBNA are correct so I can have a better understanding rather than listen to your poor responses, so you can add to your 5 stars, so you can push your chest out just that bit further when posting.
    • dumpyboy
    • By dumpyboy 16th Mar 17, 6:35 PM
    • 366 Posts
    • 84 Thanks
    dumpyboy
    They don't, stop being silly.
    Originally posted by boo_star
    Wi can show you a experian credit report with 6 every month from July 09 to July 15 when the last payment 1000 pound cleared the account in sept 14 explain that as twaddle
    • glentoran99
    • By glentoran99 16th Mar 17, 6:57 PM
    • 4,907 Posts
    • 3,910 Thanks
    glentoran99
    Ignore all the doom merchants, write to MBNA they will more than likely back date the default, Not quite as far as I argued but they still did backdate it.
    Ive also had credit cards, loans and mortgages since, and the defaults are still on my file for a year or two yet, So write to MBNA, telling them you believe it should have been defaulted after 6 months, if you get no where go to FOS, To make it easier you could try the resolver website
    Last edited by glentoran99; 16-03-2017 at 6:59 PM.
    • dumpyboy
    • By dumpyboy 16th Mar 17, 7:34 PM
    • 366 Posts
    • 84 Thanks
    dumpyboy
    Ignore all the doom merchants, write to MBNA they will more than likely back date the default, Not quite as far as I argued but they still did backdate it.
    Ive also had credit cards, loans and mortgages since, and the defaults are still on my file for a year or two yet, So write to MBNA, telling them you believe it should have been defaulted after 6 months, if you get no where go to FOS, To make it easier you could try the resolver website
    Originally posted by glentoran99
    I had no luck with fos but the ico got them change ,I asked for what was above ,would not do that but like I said got the sixes changed
    To green ar changed my credit file over night ,complain and do not give up
    • MSnonexpert
    • By MSnonexpert 17th Mar 17, 8:46 AM
    • 7 Posts
    • 1 Thanks
    MSnonexpert
    I had no luck with fos but the ico got them change ,I asked for what was above ,would not do that but like I said got the sixes changed
    To green ar changed my credit file over night ,complain and do not give up
    Originally posted by dumpyboy
    Cheers. I am currently waiting for the FOS to pick up the case so hopefully i'll get somewhere with it.

    I'll keep you posted with how I get on.
    • PeacefulWaters
    • By PeacefulWaters 17th Mar 17, 8:58 AM
    • 7,288 Posts
    • 9,018 Thanks
    PeacefulWaters
    I think the point of it is, PeacefulWaters, is that I asked for advice and so far in your posts you haven't given any advice or made any attempt to suggest why you think MBNA are correct.
    Originally posted by MSnonexpert
    I stated "they can default later than they can do if they want to".

    If I am wrong in what I am saying I would very much appreciate why you think MBNA are correct
    They do not have to default you at the earliest opportunity. Others come on here complaining they were defaulted quickly. MBNA cut you some slack.

    so I can have a better understanding rather than listen to your poor responses, so you can add to your 5 stars, so you can push your chest out just that bit further when posting.
    I didn't even realise I had five stars. Silly person.
    • MSnonexpert
    • By MSnonexpert 17th Mar 17, 11:12 AM
    • 7 Posts
    • 1 Thanks
    MSnonexpert
    [QUOTE=PeacefulWaters;72264767]I stated "they can default later than they can do if they want to".

    Do you honestly think not defaulting after 6 years is fair based on the guidance being 3 to 6 months.

    They do not have to default you at the earliest opportunity. Others come on here complaining they were defaulted quickly. MBNA cut you some slack.

    I can understand them cutting me some slack and waiting till say 9 months, but if you agree with the above whats the point of the ICO and FCA etc to back up the DPA, if the banks can just default when they please.
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