Max Recovery Limited - MBNA Debt

[Spellkaster]

Re: Fairfax Solicitors Failed to Issue Default Notice

I truly hope it stays that way.

I really would just let the default run its natural course and drop off. I assume it is not the only default on your file as you were in an IVA

I had x 2 defaults with Halifax but they have recently agreed to write of £9K of debt and mark it as partially settled.

Its just this default that is bothering me, why only put it on my credit file if its only got 1 year left?

Can I ask who is legall allowed to put a default on?

I always thought it was the debt purchaser or data controller in this case Max Recovery not Drydens!?

[Spellkaster]

Max Recovery Limited - MBNA Debt

Can anyone help.

I am having problems with Max Recovery Limited and need some advice.

According to recent correspondence, Max Recovery are saying that "the date of this agreement/the first movement on this account was 08/12/2011".

This date, I believe is incorrect.

The account, on that date, was still with MBNA.

Secondly, as far as I am aware of, I have not signed any agreement with Max Recovery Limited.

The other issue is that Max Recovery Limited are claiming that the original credit agreement with MBNA has now been officially terminated.

I have not received anything under the Consumer Credit Act 1974 advising me of this termination.

The other thing that is worrying me is that Max Recovery are still refering to the credit account number to which the terminated agreement refers to.

The other ongoing issue is that Max Recovery Limited have instructed Drydensfairfax Solicitors to recover the outstanding debt.

I have been in written correspondence with Drydens going back over a year ago.

They have sent me a copy of the old MBNA agreement which I believe is no longer valid as it has been "terminated".

They have ignored my request for a copy of the deed of assignment or notice of assignment.

When my credit report was updated on the 30th March 2017, Drydens slapped a default on my credit file.

I have not been sent a default notice under section 87(1) of the consumer credit act and no warning letter that this would be happening.

Max Recovery Limited are the owners of this debt and data controller.

I have received no valid documentation of this debt apart from a a copy of a credit agreement which has now been terminated.

The default has affected my credit rating.

Can anyone please advise me.

[Spellkaster]

Who can issue a default on you CRA?

I need to ask a question.

Who can issue a default on your CRA?

I've had a default placed by a firm of solicitoprs called Drydensfairfax and they do not owe the debt to which the default refers to.

Secondly, I have not received a valid default notice, nor a warning letter before the default was issued.

Am I right in thinking under Section 87(1) under the Consumer Crdit Act 1974 that they have to issue a written default notice before its placed on your CRA!?

They have also not sent a valid credit agreement to which this debt refers to because I have had written confirmation from the debt purchaser that the original credit agreement has been terminated, so it looks like the debt isn't valid to begin with as there is no valid agreement to which the debt refers to.

[Kati]

Re: Who can issue a default on you CRA?

tagging [MENTION=48934]Debt Camel[/MENTION] xx

[Diana M]

Re: Who can issue a default on you CRA?

I need to ask a question.

Who can issue a default on your CRA?

I've had a default placed by a firm of solicitoprs called Drydensfairfax and they do not owe the debt to which the default refers to.

You've asked this question on two other threads which you started recently and it appears to have been answered.

As I understand it you have made a formal complaint to Drydens and are awaiting their response.

Thread No 1 > http://legalbeagles.info/forums/show...464#post731464

Thread No 2 > http://legalbeagles.info/forums/show...006#post733006

Di

[Spellkaster]

Is this a Deed of Assignment legit?

Been sent this deed or notice of assignment today by Drydensfairfax Solicitors.

Is this legal and can they enforce?

[Kati]

Re: Is this a Deed of Assignment legit?

[MENTION=98117]warwick65[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=48934]Debt Camel[/MENTION]??

[Amethyst]

Re: Is this a Deed of Assignment legit?

Is there a redacted ( other than your account number ) list with the letter, or just that letter?

[Spellkaster]

Re: Is this a Deed of Assignment legit?

Is there a redacted ( other than your account number ) list with the letter, or just that letter?

No there is nothing. Just sent me this via email.

[Amethyst]

Re: Is this a Deed of Assignment legit?

Bit cruddy then. From my view there's nothing there saying YOUR account is included in that assignment at all just that some accounts have been assigned to Max Recovery by MBNA. I don't know how the courts are treating such documents though. [MENTION=87380]Diana M[/MENTION];

Are Drydens F acting for Max Recovery?

[Spellkaster]

Re: Is this a Deed of Assignment legit?

Bit cruddy then. From my view there's nothing there saying YOUR account is included in that assignment at all just that some accounts have been assigned to Max Recovery by MBNA. I don't know how the courts are treating such documents though. @Diana M;

Are Drydens F acting for Max Recovery?

Yes, just acting.

Drydens have placed a default on my credit file!!

How should I word a letter back to them!?

[jon34]

Re: Is this a Deed of Assignment legit?

Reads more like a notice of assignment than an actual Deed. If it were a Deed of assignment as Under sec 136 of the law of property Act 1925, Then It should be witnesed and signed by both witness and assignor.

However I would wait for the legal's to give a definative answer.


And It should identify your account number at least.

[Spellkaster]

Re: Is this a Deed of Assignment legit?

Reads more like a notice of assignment than an actual Deed. If it were a Deed of assignment as Under sec 136 of the law of property Act 1925, Then It should be witnesed and signed by both witness and assignor.

However I would wait for the legal's to give a definative answer.


And It should identify your account number at least.

Thank you!!

I'm due to send them a letter in reply, should I quote this in the letter!?

[Amethyst]

Re: Is this a Deed of Assignment legit?

Drydens have put a default on your credit file? Any chance of a screenshot of the entry?. Drydens don't own the debt do they? and I suspect it was defaulted by MBNA long before it was sold off to Max recovery. If Max Recovery own it then it would be on the credit file under their name, but would still only be an update to the original MBNA default entry, and couldn't have changed the date.

[Spellkaster]

Re: Is this a Deed of Assignment legit?

Drydens have put a default on your credit file? Any chance of a screenshot of the entry?. Drydens don't own the debt do they? and I suspect it was defaulted by MBNA long before it was sold off to Max recovery. If Max Recovery own it then it would be on the credit file under their name, but would still only be an update to the original MBNA default entry, and couldn't have changed the date.

Drydens have said in their letter to me that they have permission from Max Recovery to issue the default!!!!!!

Drydens are only a lacky!! I have looked at Section 136 on the Law and Property Act 1925 and will quote this in my response to them.

I can't show the default as it has my address on it!!

Drydens have refused to remove the default.

They are saying the account defaulted on the 3rd August 2012.

It actually defaulted on the 1st June 2012 as I had started an IVA!!!!

I have raised the issue with the Information Commissioner's Office about this.