Help with a default on my account

mag21

Hi,

I had a credit card with MBNA limited in 2014 and my debt was sold over to Link financial. I had a payment arrangement with Link financial and paid the debt off last year.

When I last checked my credit report, I noticed a default on my account with Experian, in 2014 by Link financial.
I was a bit shocked as I never received a default notice, (I would have tried to borrow some money and pay it off otherwise).

I complained to Link financial, telling them they I had never received the default notice and asked them to remove my default from my report as I did not think it was fair.
I also asked them for a copy of the default notice.

They sent me a letter back saying that the original default was issued by MBNA limited, and that they were not present when the account was defaulted and therefore do not hold a copy of the original default notice.

I was under the impression that once a company sells your debt over to a debt company, your details, history and all documentations would be transferred over to the new company?...Am I wrong about this?
Also, on my Experian report it's showing that Link financial had issued the default, and not MBNA limited.

My question is, since I haven't received the default notice and they are now saying they do not hold a copy of this notice, could I complain about them to the financial ombudsman and ask for this default to be removed? Is it worth trying?

Any help would be appreciated.
Thank you in advance.

[Deleted User]

If you had debt with MBNA, when they passed it over/sold it on to Link Financial it would have been because the account was in arrears and/or defaulted.

[Deleted User]

No. The lack of a default notice doesn't change the default itself.

Fortunately the impact it has will now be significantly reduced.

mag21

Deleted_User wrote: »

No. The lack of a default notice doesn't change the default itself.

Fortunately the impact it has will now be significantly reduced.

Thank you for the reply. Are they not legally obliged to provide a copy of a default notice?
Doesn't seem fair that they can get away with it.

[Deleted User]

No. The default simply reflects the status of the account.

National_Debtline

Hi mag21


The first thing to say is a default being registered on your credit file is not the same as a default notice being issued.


The default on your credit file indicates there has been a breakdown in the relationship between you and the creditor and it tends to be registered when you are in 3 to 6 months of arrears. When a debt collection agency (DCA) buys a debt they are entitled to record the debt and the default on your credit file, showing they now own the debt.


The default notice is a separate issue. This should have been sent by MBNA when you first missed a payment on the credit card. Link Financial are not obliged to provide you with a copy of this. Hope this helps.


Susie
@natdebtline

Shakin_Steve

Second time I’ve posted this link in a few days

https://www.stepchange.org/debt-info/debt-collection/default-notices-and-missed-payments.aspx