MBNA (IDEM) no CCA response

[DJM10118]

With respect to the MBNA accounts there are no negative markers against these accounts.

 

At the current rate of repayment they are due to be paid in full in approx 18months time.

 

I would just assume they would stay on my cra as no default was logged against them.

 

Surely these will just show as settled in full or will they be removed once the final payment is made?

 

I'm not looking to F&F these two accounts purely arguing whether they are enforceable by correct execution of the CCA.

[user2001]

That's interesting - I would have expected MBNA to have given you AP markers. So you just have a load of 0 markers then?

 

Those accounts will remain visible until 6 years from the last payment (which would be your F&F)

 

{Edit - yes based on what you said, they will show as settled and will appear for 6 years beyond that settlement date. But if there are - as you say - no negative markers, then you have nothing to worry about with those accounts or how long they are reported for.)

[user2001]

AP is an arrangement to pay - meaning you have agreed with your creditor to pay less than the contractual minimum payments (usually with a suspension of interest & charges - and in the case of a CC, the card is no longer useable)

[DJM10118]

Yeah that's a strange one as the interest was frozen etc although no negative markers that I can see on my report. Got to be honest MBNA were very understanding and very helpful to get me out of the mess I was in. Not like others I could mention. I have always paid around £40 month on each account so might have been above minimum payment benchmark and never in arrears?

 

 

DJ

[user2001]

Well I would keep my head down with MBNA if I were you by not sending an SAR etc (there is nothing to stop them changing the payment markers retrospectively to reflect what has actually been happening as far as I am aware).

 

Have you confirmed this will all 3 CRAs?

[DJM10118]

dx just to clarify would you send the CCA to Idem or MBNA. I sent mine to Idem as there the ones chasing the monies.

 

 

Idem haven't responded to mine yet. Should I have sent it to MBNA or to Idem as they have an obligation to send it onto MBNA. I don't really understand if this has something to do with deed of assignment

[DJM10118]

Hi all,

 

 

I did a CCA request to Idem back on the 27th Jan but not heard back from them or any acknowledgement of my request.

 

 

Firstly was I correct sending it to Idem opposed to MBNA? Would I have to do another CCA request direct to MBNA or should Idem pass it on if required?

 

 

 

 

If I have sent it to the correct company should I send a non compliance letter?

[fkofilee]

14 days (12 + 2) , if breached send a non compliance letter... and yes sending a CCA to IDEM was the right thing. A SAR request to MBNA would be the right way to go about it if you need their info.

[DJM10118]

Cheers. I will send a non compliance letter to Idem tomorrow. Don't think I need any info from MBNA re SAR at present as no defaults on the account and cannot remember any PPI or charges for this account.

 

 

Don't think its worth the £10 fee to SAR MBNA at the moment but will be sending one off to HBOS and Lloyds over the weekend

[DJM10118]

Hi,

 

 

I have copied the CCA non compliance letter where it makes reference to s61 (1). Further to some recent posts, is this relevant as they don't actually need to comply with S61 (1) by law for the CCA request?

 

 

In my original letter I only made reference to S77-79 as per the CCA template letter

[theoldrouge]

cca request to Idem. What a shame you didnt find CAG before you paid citi/opus, virtually nil chance of them having an original agreement-no ppi on that one was there?

[dx100uk]

don't forget CCA is 12+2 WORKING DAYS.

 

dx

[DJM10118]

Hi dx.

 

 

They received the letters on the 27th Jan (signed for) so I think that takes us up to the 13th Feb for a response. As I mentioned in another thread there are no defaults against these accounts although I entered into an AR in March 2009.

 

 

My concern is as you have suggested is that if I stop payments due to non compliance they can then issue a default against my account. I was going to look into sending MBNA a letter of complaint suggesting that a default should have been applied in March 2009 therefore the info would disappear around March 15.

 

 

I think there is something in the OFT guidelines on fair practices saying that the consumer who tried to pay monies back should not be at a disadvantage to a consumer who made no attempt to pay the outstanding debt.

 

 

As it stands the accounts will be paid in approx. 18 months at the current rate although as these have not been defaulted the account will remain for a further 6 years from the settlement date along with the negative AR markers. So a further 7.5 years + the nearly 5 years I have been on an AR, totalling 12.5 years!!

 

 

I would have been better making a £1 payment back in March 2009 and defaulting the account and it would be off by March 15. Surely this can be deemed an unfair by anybody's standards?

[DJM10118]

Nicked this letter from Brig in another thread - Obviously amended slight as my account is not SB

 

 

Ref: Adverse Data on Credit Reference File:

 

Formal Complaint:

 

Re: Account No.xxxxxxxxxxxxxxxxxxxxxx x

 

Sir/Madam,

I refer to the above mentioned MBNA accounts which are being reported on my credit reference files, for clarification I have attached a screen print of this entry via Equifax.

 

As you will see MBNA has been reporting arrangement to pay markers (AR) on this account since March 2009 which places me in a disadvantage compared to a debtor who has had an account defaulted.

 

In light of this information it would appear that MBNA has used arrangement to pay markers in place of a default on the account, it is understood that the ICO does not agree with this and considers in unfair practice.

 

These accounts date back a considerable number of years and these AP markers are causing considerable problems to me financially therefore, these accounts should have been defaulted in March 2009 and the default removed in March 2015.

 

 

I am aware that the time scale for MBNA to reply to this complaint is 6 days, but given the considerable length of time the inaccurate data has been displayed I would hope MBNA will make a prompt and proper reply.

 

 

Yours faithfully,

[ims21]

Was there a resolution to this please?

 

If so, how was it resolved?