Removal of an account from my Credit reference file.

[Ohnonotmeh]

Hi I'm not sure if this the right section. But.

I have asked MBNA to remove their account off of my CRF. They have refused to do so.

History.

1) in nov 2010 i was defaulted by mbna, for £150, bal was £4900

2) no further statements were produced since this date. Last one was oct 29th 2010 i believe

3) By the 23rd of dec of that year i had a court summons for the full amount plus costs of £5100

4) It finally came to court in feb 2012 in which sides agreed to remove the action and counter action. Which the court agreed to and have a judgement to that effect.

5) i did ask for the credit reference file to be amended, this was refused by mbna and never was part of the judgement.

6) no monies from me was given to mbna as part of the judgement

7) as of nov 2010 there is no public facing way of accessing the account online.

8) mbna are marking this as an active account

9). I believe GRACE v BLACK HORSE LIMITED [2014] EWCA Civ 1413 30/10/2014 forms a basis for it to be removed even though i believe it may fail under it being an irredeemably unenforceable agreement for which the judge(s) in that case have not perscribed a judgement to.

Reasoning

My understanding, as the account is in default since 11/10 it should fall off of my CRF in 11/16 but because mbna are marking it as active. will this still happen?

Because of 4) i understand effectively mbna can not take me to court again to recover any monies from me. Thus it is becomes unenforceable. Only way would be to get a set aside of the judgement in 2012?!

Can i then assume that if the account is unenforceable, then the account removed from the person's CRF? I can argue that in the above situation?

If i'm correct, what should do next?

[Debt Camel]

Re: Removal of an account from my Credit reference file.

My understanding, as the account is in default since 11/10 it should fall off of my CRF in 11/16 but because mbna are marking it as active. will this still happen?

Yes this will still happen. Nothing that happens after a default changes the fact it will fall off after 6 years.

[Ohnonotmeh]

Re: Removal of an account from my Credit reference file.

So you are just suggesting to wait another 18 months and just let it fall off and if it does start pressing the buttons

[Debt Camel]

Re: Removal of an account from my Credit reference file.

I was simply answering one point that you asked where there is a very straightforward answer.

I am not commenting on whether this debt is unenforceable. Nor on whether if it is unenforceable you could ask for it to be removed from your credit record.

You may have these or other remedies available. I am not suggesting that you shouldn't pursue these (if they exist). I am just saying that this debt will disappear in 18 months.