Please Help - Default Notice Expert anyone ?

spaniel101

I would be really grateful if a Default Notice 'Expert' could kindly offer me any advice here. I have a long standing dispute with a Creditor on my DMP – MBNA/Moorgate.

Original creditor MBNA, sold to Moorgate 2012, Default Notice from Moorgate Dec 2013 but binned by them (even though letter to terminate agreement thereafter also and no other monthly statements received) and never recorded as a Default Notice with CRA, so I have (Moorgate) arrears markers from 2013 to current.

I have thus far complained to MBNA (& Moorgate) to request a Default Notice to be issued and recorded from the start of my DMP May 2009 (when the arrears started – as comfirmed on all their MBNA statements I have and evidenced to all), who refuse to add a Default Notice as ‘relationship continued’ and I entered into a payment arrangement with them’, Moorgate refuse more or less on same grounds and say their previous Default Notice was scrapped as they were contacted re payment continuation, so didn’t record.

The Adjudicator at the FOS has come back to me, she says MBNA have ‘foggy’ evidenced that I continued to meet most of my monthly payments with them (??!!), she seems ‘Exacerbated’ of her telephone conversations with Moorgate, and has decided to not uphold my complaint altogether as she doesn’t think either have acted unfairly??? She has said I can ask an Ombudsman to take a look also….but that they are ‘likely to agree with her’. I am quoting the ICO guidance version 3 2007 to FOS, however the Adjudicator has said ‘More recent ICO guidance states that there are exceptions and a Default Notice shouldn’t be added if a payment agreement has been entered into, such as a DMP.’

I have sent the Adjudicator absolutely everything so I am confused, am I barking up the wrong tree here, I don’t know what else to say to them other than the enormous evidence and several emails that have taken place…..please can anyone offer some advice (it will be on my CRF until 2026 ?) :sad:

Thank you so much for reading in advance…

sourcrates

Hi,

The easiest way to get a default is not to pay them until you are defaulted, thus removing the threat of AP markers.

I have to say the creditor and the FOS are probebley correct, if you enter a DMP too soon, then that can be interpreted by the creditor as an arrangement to pay, and can be marked as such.

This is the reason I always advise people to either just make token payments, or no payment at all, until that default has been registered, to avoid this exact situation.

spaniel101

Many thanks for your reply. I wonder if this will come down to the technicalities?

I defaulted on MBNA's original terms and conditions in May 2009 when commencing DMP (all 4 other creditors issued defaults at that time). I commenced mounting up arrears with MBNA thereafter. In addition to arrears, I had 3 seperate missed payments with them during this period. MBNA sold on to Moorgate in 2012. MBNA informed Moorgate at that time, the account was 'up to date', according to them. (incidentally MBNA rescheduled my account in December 2009 and issued a different account number - by this point several months worth of arrears of the Original CC agreement). None of the MBNA arrears or missed payments were recorded with CRA.

Moorgate went on to record arrears on the basis of the facts according to the original DMP agreement, which had changed several times since.
I have since had x4 seperate missed payments also with Moorgate who continue to record arrears (4 years to date).

I am continuing to pay this debt for the next 3 years until settlement.

(Moorgate have sold the account to IDEM since my complaint).

I would be really grateful for your thoughts please...