Creditor Can't Supply Copy of Default Notice

ScaredWitless

Would like some advice.

I've contacted my original creditor mbna for a vlid copy of the original default notice.
They claimed that it was showing on their system that one had been sent to me on the 7th September 2012 but I said I didn't received it.

So I asked them for a hard copy.

The OC said they are unable to supply me with one.

All they can supple me with is a screenshot of the account saying a default notice was typed and sent on that day.

Is this valid!?

IAmWales

This was all explained to you last time you asked.

https://forums.moneysavingexpert.com/discussion/5690528

Make an arrangement to pay what you owe!

IAmWales

Is this all about the £13 trailing interest when you closed your account in 2012?

What was the outcome of your complaint about MBNA to the OFT?

ScaredWitless

IAmWales wrote: »

Is this all about the £13 trailing interest when you closed your account in 2012?

What was the outcome of your complaint about MBNA to the OFT?

I think your getting me confused with aomsone.

I didn't have £13 trailing interest when my account was closed in 121!!

It was sold onto to a debt purchasing company.

All I am asking for verification is it legal for a screenshot to be used to claim a default notice was sent when I never received one from the oc!!

IAmWales

ScaredWitless wrote: »

I think your getting me confused with aomsone.

I didn't have £13 trailing interest when my account was closed in 121!!

It was sold onto to a debt purchasing company.

All I am asking for verification is it legal for a screenshot to be used to claim a default notice was sent when I never received one from the oc!!

Nope, no confusion.

Yes, a screenshot is acceptable.

How did you get on with the OFT? Have you referred this to the FOS too?

National_Debtline

Hi there,


You could write to MBNA and ask for a copy of the default notice again if you want this for your file, rather than accepting the screenshot. And if they decline again you could formalise the request under a Subject Access Request, which can cost £10 to do and the creditor has 40 days to comply.


However, a situation like this can be easily resolved by the creditor, because if they cannot supply you with a copy of the original default notice (for one reason or another) they could resend the notice now and the matter would be closed. The default sent in the post doesn't correlate to the one on your credit file so shouldn't affect your credit file. Hope you get it all sorted.


Laura
@natdebtline

PixelPound

So from the other thread, I gather the debt was sold on? What name shows on your credit file, the original creditor or the debt purchaser? When it's sold on the the new owner will register the default, keeping the original date, and the old will be removed.

What is the reason, is it because you dispute the default date, or some belief that if you never received it you don't owe the debt!!!

ScaredWitless

National_Debtline wrote: »

Hi there,


You could write to MBNA and ask for a copy of the default notice again if you want this for your file, rather than accepting the screenshot. And if they decline again you could formalise the request under a Subject Access Request, which can cost £10 to do and the creditor has 40 days to comply.


However, a situation like this can be easily resolved by the creditor, because if they cannot supply you with a copy of the original default notice (for one reason or another) they could resend the notice now and the matter would be closed. The default sent in the post doesn't correlate to the one on your credit file so shouldn't affect your credit file. Hope you get it all sorted.


Laura
@natdebtline

I have done an SAR to MBNA.

I've also spoke to them over the phone.

They told me in a phone conversation that they cannot supply me with a hard copy of the default notice, and would only be willing to send a screenshot.

So where does this leave me?

Also the debt purchaser, Max Recovery have refused point blank to supply me with a copy of the default notice, I believe they haven't got this.

On my credit file the debt purchaser took over the running of the default.

[Deleted User]

It makes no difference. You can repay the debt without seeing a hard copy of the default.

ScaredWitless

Deleted_User wrote: »

It makes no difference. You can repay the debt without seeing a hard copy of the default.

I am NOT paying the debt I am disputing it.

[Deleted User]

I see.

Have you told them that it someone else's debt and they have mistakenly applied it to you?