MBNA - Non default of credit card
Options
MSnonexpert
Posts: 7 Forumite
in Credit cards
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several times to default my account if i didn't pay 'x' and said that my facility to use the credit card had been withdrawn but the account was never defaulted.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.
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several times to default my account if i didn't pay 'x' and said that my facility to use the credit card had been withdrawn but the account was never defaulted.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.
0
Comments
-
Its a rubbish argument and they can default later than they can do if they want to.
Some people would appreciate the delay.0 -
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.0
-
Err what????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.0 -
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.0
-
Don't give the answer I want to hear = you must work for the form lol
One of the oldest lines in the book0 -
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 worse0 -
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
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.0 -
MSnonexpert wrote: »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.
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 applied0 -
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
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 that0 -
PeacefulWaters wrote: »Err what????
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 60
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards