MBNA, now Idem Servicing

[P3rks]

Hello Everyone,

 

First post and first time on a debt forum. So Hi!

 

A bit of brief information about my problem...

 

*MBNA Credit card taken out early 2005

*Mid 2007 I was in a financial mess and an arrangement was made with MBNA for payments of £13 per month until the balance was paid or circumstances changed.

*Jump to January 2013 and I check my credit report to find MBNA has apparently changed to Idem. I check my bank statements and my regular MBNA payments have automatically changed to Idem (Nov and Dec 2012)

*I called MBNA who stated the account was closed and IDEM now own it. MBNA refused to give my any other details as I no longer have an account with them.

*I called Idem to confirm what was going on and they stated I should have received a letter outlining the account change (which I never received). I requested that letter a few times and it never arrived. I received a statements and lot's of demanding letters, but that's it.

*I sent a CCA request (and the £1 fee) 10th January 2013 and it was signed for on the 11th.

*I got no response other than generic demand letters so the account defaulted their end on January 24th.

*I cancelled my DD for the 27th January as the account was legally in dispute.

*I was slow and I sent the follow up letter 7th march 2013 which was signed for on the 8th.

*Still had no response from the 2nd letter. But I believe they have until this Friday (22nd) to respond before I can take further action.

 

To confirm, the initial letter template and follow up were found on here. I can't post the links as yet.

 

Now my issue is that Idem have updated my credit report with two late payments, one in January which was updated on the 27th, three days after they defaulted on my CCA request and another on the 24th February. Both dates were when the account was legally in dispute if my research has served me correct. I was under the impression they couldn't do this and in fact they have to remove my account from my record until they provide me with a CCA. Can anyone confirm this?

 

What do I do from here?

 

Any advice is greatly appreciated.

 

Thanks.

Edited March 20, 2013 by P3rks

[dx100uk]

matters not really, they can mark even without a valid cca

 

now what is the defaulted date on the summary of the debt on the CRA file?

 

dx

[P3rks]

matters not really, they can mark even without a valid cca

 

Even if the account is officially in dispute? Surely not?

 

now what is the defaulted date on the summary of the debt on the CRA file?

 

01/06/2007

 

But it's not marked as a default. It's an arrangement.

[dx100uk]

oh god not the AP marker

 

from when?

 

dx

[P3rks]

oh god not the AP marker

 

from when?

 

dx

 

The CRA file states 01/06/2007 as the arrangement start date, but it says the end date is 01/11/2012 (which is when I presume Idem took over).

 

As far as I'm aware I have no arrangement with Idem as they have failed to provide me with anything and MBNA refuse to tell me anything as I have no account with them.

[dx100uk]

when sold all rights transfer over.

 

 

dx

[P3rks]

when sold all rights transfer over.

 

 

dx

 

ok,

 

So where do I go from here? I presume the default on thier end and the dispute still stands?

[dx100uk]

can you post up your cra file page?

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[P3rks]

[ATTACH=CONFIG]42603[/ATTACH]

 

Hows that? Correct?

 

Edit: hold on, it's reducing the size? Any idea?

Edited March 20, 2013 by P3rks

[dx100uk]

PDF IT!!

 

dx

[P3rks]

How about now?

 

[ATTACH=CONFIG]42607[/ATTACH]

[dx100uk]

that the natwest one

 

dx

[dx100uk]

sri pdf took time to download ignore

 

dx

[dx100uk]

2 later payment markers yes

 

ok well they wont harm you much.

 

nothing you can do

they are entitled to mark your file

they are the owners.

 

now, have you ever SAR'd MBNA

and got all the statements

 

penalty charges? PPI?

 

dx

[P3rks]

2 later payment markers yes

 

ok well they wont harm you much.

 

nothing you can do

they are entitled to mark your file

they are the owners.

 

now, have you ever SAR'd MBNA

and got all the statements

 

penalty charges? PPI?

 

dx

 

I haven't. But I had no PPI and any penalty charges were minimal I believe. What will a SAR achieve?

 

Also, what am I doing about the CCA request they have ignored? Anything? If my account is in dispute do I have to keep paying? I don't want any more late payment markers on my CRA.

[dx100uk]

your call really.

 

if they've failed your CCA request and you've sent the failure to comply letter

then you are entitled to cease payments.

 

let me get someone to pop in.

 

as it stands, ideally you should have been defaulted after the 3rd month of reduced payments.

 

then it would be off your cra by now totally.

 

dx

[P3rks]

your call really.

 

if they've failed your CCA request and you've sent the failure to comply letter

then you are entitled to cease payments.

 

let me get someone to pop in.

 

as it stands, ideally you should have been defaulted after the 3rd month of reduced payments.

 

then it would be off your cra by now totally.

 

dx

 

Yep, they've played hard ball by the looks of things.

 

If they do own the debt like they allegedly say, they should be able to prove it with a CCA. How do I know of they can legitimately collect the debt; I don't.

 

But I really don't want these late payment markers on my account. Surely if the debt isn't enforceable and in dispute because of a CCA request surely there isn't any payment to be made. It's stupid, they have me over a barrel.

 

Thanks for your help so far though, much appreciated.

[BRIGADIER2JCS]

dx has asked me to lookin here. Non compliance with a CCA request does not carry any penalties for the Creditor/DCA the only ''restiction'' is tha Judgement cannot be enforced in court, technincally a creditor could start court actiion but cannot enforce any judgement, the creditor/DCA CAN continue to report the status of the account to CRAs and ''normal'' debt collection procedures can continue.

I gather this account has NOT been defaulted is that correct?

 

The reporting the status ''late payments'' or ''arrangement to pay'' are routinely reported and can continue during any dispute as it does reflect the true statis of the account.

 

As to the removal of such markers, it may be possible to challenge these if for instance the Markers have been used as analternative to a default and continue after the date when a properly placed default would have been removed paid or not.

[P3rks]

dx has asked me to lookin here. Non compliance with a CCA request does not carry any penalties for the Creditor/DCA the only ''restiction'' is tha Judgement cannot be enforced in court, technincally a creditor could start court actiion but cannot enforce any judgement, the creditor/DCA CAN continue to report the status of the account to CRAs and ''normal'' debt collection procedures can continue.

I gather this account has NOT been defaulted is that correct?

 

The reporting the status ''late payments'' or ''arrangement to pay'' are routinely reported and can continue during any dispute as it does reflect the true statis of the account.

 

As to the removal of such markers, it may be possible to challenge these if for instance the Markers have been used as analternative to a default and continue after the date when a properly placed default would have been removed paid or not.

 

Thanks for the response,

 

It wasn't something I wanted to hear.

 

It's just frustrating because some company unknown to me (Idem) is claiming an alleged stake on a alleged debt I had with another company (MBNA), is failing to provide any evidence and ignoring my every request; but then they can still affect my CRA. It's actually astounding, surely its a form of slander or defamation of character.

 

I don't believe that the account was ever in default. To my knowledge; but it could well have been at some point or another - I presume I'll have to SAR to find this information out? Can you confirm?

 

Where do you recommend I go from here?

[dx100uk]

the cra file does not give a default date so its not been defaulted

 

ideally as brig has indicated, you need to question why it was not defaulted years ago.

this is causing you troubles.

 

as for the sale and idem marking the account.

 

as said they are entitled too, either that or if it was still with the oc,

they would have done so anyway.

 

dx

[BRIGADIER2JCS]

Most definitely a SAR needed I think, you need all the data on the account that MBNA holds.

[P3rks]

the cra file does not give a default date so its not been defaulted

 

ideally as brig has indicated, you need to question why it was not defaulted years ago.

this is causing you troubles.

 

as for the sale and idem marking the account.

 

as said they are entitled too, either that or if it was still with the oc,

they would have done so anyway.

 

dx

 

Most definitely a SAR needed I think, you need all the data on the account that MBNA holds.

 

 

Just an update to this..

 

I've received a letter today saying the account is now in default and I need to pay any arrears before the 28th April to avoid this.

 

I have requested a SAR which I am still awaiting a response. I presume with this will include any charges I have had which I could claim back?

 

But how do I go about challenging the original agreement to pay with the goal of changing it to a default so the account is removed from my credit file? Any idea's chaps? I've searched for templates but I can't find any?

 

Thanks in advance.

[dx100uk]

i'd await the sar return first

 

dx

[P3rks]

Thread resurrection!!

 

So all those years ago I got no where, no response from Idem and their communication just stopped.

 

 

The defaults remained on my credit file

however it's not really affected me in anyway so I've just carried on in my life as normal and to be honest,

I forgot about this.

 

Then I receive a letter from someone called CapQuest in relation to Arrow Global Limited.

I apparently owe £607.95 and a offer of a settlement figure of £486.36.

 

Yes, this is the old Idem Debt rearing it's head again.

 

 

I just want it gone and off my credit file, as quickly as possible.

I can't afford to pay £607.95 in a lump sum, nor the £486.36.

 

 

What are my options from here,

any advice welcome.

[dx100uk]

cant harm you

whats the defaulted date

6yrs from that it will vanish.

 

 

unless as we advised before

you get an sar off to MBNA

and complain why it was not defaulted earlier

once we see the data.