Default Date Incorrect

[Spellkaster]

Max Recovery Limited purchased my debt from MBNA sometime in 2012.

At the time of purchasing this debt, it was included in an IVA.

I wanted to ask a question about defaults.

The IVA commenced on the 1st June 2012, which should be the date of default on the MBNA debt.

When Max Recovery Limited bought the debt from MBNA, the MBNA default should say "satified".

However, Drydensfairfax Solicitors updated my credit file on the 30th May 2017 from Eversheds.

The default has NEVER shown Max Recovery as being the debt owner.

So my question is this.

Under sections 87,88,89 of the consumer credit act 1974, should Drydens have sent me a default notice when they updated the credit file on the 30th May 2017?

Drydens have refused saying they nor Max Recovery are obliged to send a default notice. Is this correct?

Secondly they are refusing to change the date of default.

I have contacted MBNA and asking them for clarification when did the account go into default before it was sold.

Is it correct that without sending a default notice any attempt at proceedings would fail!?

[warwick65]

Re: Default Date Incorrect

Spellkaster

Have you asked this question before?

I seem to remember you did and were given some very good advice by [MENTION=87380]Diana M[/MENTION] and [MENTION=6]Amethyst[/MENTION]

The absolute correct way for the default to be recorded would be one from MBNA saying satisfied and another from the new owner ( with the same start date) showing the correct balance. Sometimes this happens and sometimes it isn't updated for a while maybe even years. There is no absolute duty on a debt purchaser or any creditor to report your account to any or all CRA's.

Most of my defaults just had a change of name and did not show one satisfied and one not - although my MBNA one that was sold to Brittanic Recoveries did I think- long gone now.

Once a S87(1) DN has been sent, unless you have taken the necessary action there is no duty for anyone to send another one

The guidelines at the time did say if an account had gone into an IVA this would usually be seen as a trigger fro a default but it was not an absolute

Again as well, Defaults on your file are not directly linked to S87(1) DN's , you can have one without the other

[Spellkaster]

Re: Default Date Incorrect

Spellkaster

Have you asked this question before?

I seem to remember you did and were given some very good advice by @Diana M and @Amethyst

The absolute correct way for the default to be recorded would be one from MBNA saying satisfied and another from the new owner ( with the same start date) showing the correct balance. Sometimes this happens and sometimes it isn't updated for a while maybe even years. There is no absolute duty on a debt purchaser or any creditor to report your account to any or all CRA's.

Most of my defaults just had a change of name and did not show one satisfied and one not - although my MBNA one that was sold to Brittanic Recoveries did I think- long gone now.

Once a S87(1) DN has been sent, unless you have taken the necessary action there is no duty for anyone to send another one

The guidelines at the time did say if an account had gone into an IVA this would usually be seen as a trigger fro a default but it was not an absolute

Again as well, Defaults on your file are not directly linked to S87(1) DN's , you can have one without the other

I have contacted MBNA and I've asked for clarification from them when it went into default.

If the date differs from Max Recovery, what can I do because Drydensfairfax Solicitors are refusing to change the date they have which is 3rd August 2012?

Drydens say they nor Max Recovery are not obliged to send a default, they claim its the original creditor MBNA.

But as they bought the debt off MBNA, surely that means a new default!?

[warwick65]

Re: Default Date Incorrect

I have contacted MBNA and I've asked for clarification from them when it went into default.

If the date differs from Max Recovery, what can I do because Drydensfairfax Solicitors are refusing to change the date they have which is 3rd August 2012?

Drydens say they nor Max Recovery are not obliged to send a default, they claim its the original creditor MBNA.

But as they bought the debt off MBNA, surely that means a new default!?

If MBNA tell you the default date was different then yes they must alter it

But

No it is not a new default - they have just taken over the recording of the default

I really do not know how I can explain this to you other than by telling you I have had over 20 defaults on my credit file and not once was i sent a new DN after the account was old

[Spellkaster]

Re: Default Date Incorrect

If MBNA give me a different date of the 3rd August 2012, and Drydens still refuse to change it, what then?

[warwick65]

Re: Default Date Incorrect

Then you would complain to the ICO. It all depends how different it is as to what you decide to do

[Spellkaster]

Re: Default Date Incorrect

Then you would complain to the ICO. It all depends how different it is as to what you decide to do

Thanks for the reply. I guess I need to see if and when I hear back from MBNA with the default date.

[warwick65]

Re: Default Date Incorrect

Did you just write and ask or send a SAR.

Have you looked in the closed section of noddle

[Spellkaster]

Re: Default Date Incorrect

Did you just write and ask or send a SAR.

Have you looked in the closed section of noddle

Nothing on with Noddle.

I contacted customer services at MBNA as they had a form on their website to contac them for information.

If they say the default date was before 3rd August 2012, they Drydens could be on a dodgy wicket!!

[Spellkaster]

Re: Default Date Incorrect

Actually thats very interesting.

I have just checked my closed accounts on Noddle.

There is an MBNA credit card account showing as closed, with a balance of £690.

It has a different account number to which Drydens are using.

There is no default showing for this account either and says account end date of 28/12/2011.

I'm now confused!!

[warwick65]

Re: Default Date Incorrect

Could that be the same account ?

Is the balance about right ?

[Spellkaster]

Re: Default Date Incorrect

Could that be the same account ?

Is the balance about right ?

No its a different account number and balance is about right.

[warwick65]

Re: Default Date Incorrect

Remember debt purchasers very often assign their own account number when buying debts

However, I really do think you are investing far too much energy into something that by your own admission may just be a few months wrong. Also as it is a long way from being SB f=do you really want to rock the boat and risk a claim?

[Spellkaster]

Re: Default Date Incorrect

Remember debt purchasers very often assign their own account number when buying debts

However, I really do think you are investing far too much energy into something that by your own admission may just be a few months wrong. Also as it is a long way from being SB f=do you really want to rock the boat and risk a claim?

Its not statue barred as they were getting payments up until sometime in 2015.

[warwick65]

Re: Default Date Incorrect

Its not statue barred as they were getting payments up until sometime in 2015.

Exactly - that is what I was saying. It is a long way from SB. Why rock the boat when it comes off your credit file in a year