MBNA have NOT issued a default notice after six years

[sarahvause]

Hi everyone,

I'm new to this site, I've been reviewing my credit file recently and I'm currently having some problems with MBNA Credit Card. My husband was made redundant and we entered into a DMP in October 2009. Since then, we've been making monthly payments to clear the debt. The debt was passed to a DCA on December 2013 (we think - this is the first statement we have from them).

My thoughts are that if MBNA had defaulted the account when we first got into financial difficulty, then it would have been due to drop off our credit file soon. However they didn't so as a result it's really hampering us now despite us being in a much better financial position, as we have a serious of late payment markers going back years. Were MBNA able to pass the debt to a DCA without issuing a default? We have had a number of CCA default notices over the years threatening to do it, but the account still did not default.

I want to try and get this taken off or back dated to the beginning of our DMP if possible, so any advice would be gratefully appreciated. We haven't done a SAR or CCA request yet, wanted to gather opinion first.

Thank you!

[Debt Camel]

Re: MBNA have NOT issued a default notice after six years

Here is some information on what the default date should be and how to challenge it: http://debtcamel.co.uk/debt-default-date/

My other thought is that a 6 year DMP has been going on for a long while. Have you considered making full and final settlement offers?

[basa48]

Re: MBNA have NOT issued a default notice after six years

My thoughts would be that if anyone issued a default now it would be deemed way too late and more than likely against guidelines.

The fact that your account shows years of 'agreements to pay' is what is wrecking your credit score and even a full and final will not improve it a great deal.

[nemesis45]

Re: MBNA have NOT issued a default notice after six years

Normally a debt is defaulted prior to entering into a DMP.
What exactly does your credit file show.

Arrangement to pay Markers (AP), Late payment markers (LP).

If the account was not defaulted you can indeed ask the creditor in a situation like this to back date the default to the date of the original cause of action.

The reasoning is as follows:

Failing to default the account appropriately/timely places you at a disadvantage when compared to a debtor who has made no effort to pay off their debt, yet has the adverse credit reference data removed after 6 years paid or not:

I've achieved this on behalf of others many times,

nem