Idem Servicing Full and Final Settlement old MBNA card

[anm72]

Hi I am looking for some advice before i start i know will have broken every rule going in dealing with my debts.

 

I have had 4 debts since approx 2007 which i have been paying by arrangements ccj etc originally totalled over £20k,

 

i have come into a lump sump of money to pay off these debts and

worked out with some negotiation that i coud clear my debt now totalling 13k.

 

With 3 creditors i have managed to clear them over the phone at about 50% which i was happy with.

 

I have 1 debt left which is just over £800

an old mbna credit card which has been sold on to idem

when it was sold i didnt really pay any attention as my monthly payments were the same as before

and life just carried on.

 

Now i am in a position to offer a settlement of £450 to settle but

idem will not settle for less than the full balance owed.

 

What can i do as i want to be clear of them ?

 

they also want a full income expenditure which i dont mind as i can rig that in my favour

 

i am guessing that by just accepting the payments i have accepted that i acknowledge the debt to them.

 

Any Advice gratefully received also please keep it as simple as i dont understand lots of Jargon.

[dx100uk]

I hope you sent every DCA/creditor a CCA request

before you blindly handed over you money?

 

 

and then looked at reclaiming all the PPI & PENALTY fees first to reduce the debts?

 

 

if a DCA/OC offers a short settlement

 

 

then odds on theres more to be had.

 

 

dx

[dx100uk]

i bet they've marked your credit file partial settlement too

 

 

which means they'll sell the remainder on

 

 

dx

[anm72]

Thanks for the advice but i was looking for some advice on the one not settled if anyone can help with this that would be fantastic

[dx100uk]

is it on your credit file?

what is the defaulted date?

 

 

a debt will vanish on the defaults 6th birthday

never to show or harm your credit again.

 

 

if idem own the debt

you need to send them a CCA request first

 

 

NO CCA = NO PAY

a fleecing DCA

 

 

they are NOT BAILIFFS!!

[anm72]

it is on my credit file not showing as a default it was showing as a arrangement plan until idem took over and now is showing as perfect n other debts are on my credit file now

[dx100uk]

oh the dredded AP marker

 

 

were you in a DMP then?

[anm72]

What is the AP marker?

 

Yes i was in a DMP i had arranaged one with all my creditors as i wanted to do the best i could, it was all my debt and like lots of other people i was stupid although well helped by banks and cc companys giving inflated borrowing levels

[havinastella]

The AP marker is an arrangement to pay.

 

This is worse than having a late payment marker as it is effectively a default marker.

 

I suggest you push them to remove the marker...

[anm72]

i am not overly worried about that as its correct

 

 

i was in a payment plan

 

 

in 6 years it will come off and

 

 

i am not likely to want credit again.

 

 

i never want to go through the pain of the last few years in my lifetime

[havinastella]

i am not overly woried about that as its correct i was in a payment plan in 6 years it will come off and i am not likely to want credit again. i never want to go through the pain of the last few years in my lifetime

 

And there your problem lies. If it had been defaulted, it would be off your credit file. Now it's on there for another 6 yrs from when you pay it off.

[dx100uk]

aw shame you've had it hard that way

 

 

just remember the AP markers stay almost for forever

 

 

was it your own DMP or was this a company or charity?

 

 

have you ever questioned the debt by /dca's at various times?

 

 

if MBNA sold it there is avery good reason

they flogged it on

rather than taking you to court.

 

 

dx

[BRIGADIER2JCS]

i am not overly woried about that as its correct i was in a payment plan in 6 years it will come off and i am not likely to want credit again. i never want to go through the pain of the last few years in my lifetime

You should Never start an F&F offer of settlement at more that 10% of the OSB it gives room for negotiation, those creditor who have been paid 50% MUST be laughing there heads off.

 

 

Be tough on the negotiation, set Your terms for the settlement: e.g. The remaining balance must not be sold on to Any third party or assigned for collection.

[anm72]

right from the start i have wanted to be fair

 

i have settled at a lot less than i was prepared to pay for the debt in most cases,

 

i have not been unreasonable and just wanted to do things the right way and reach an amicable solution

 

i can do without the stress of it, all of the companies have treated me fairly over the years

agreeing payments that i could afford and not forcing me to over commit like some horror stories i have heard

 

My issue with idem is they will not be reasonable and

 

i want to know the best way forward is it paying off the full amount that i can afford

 

or do i fight them because they are arrogant **** who dont care what they do.

 

if i fight them how do i go about it

[dx100uk]

when did you take the card out please

 

 

dx

[anm72]

i cant remember it would have been mid 90s i signed up for it a football stadium (i only got it beacuse it was a west ham card dont hold it against me)

[dx100uk]

right from the start i have wanted to be fair

 

i have settled at a lot less than i was prepared to pay for the debt in most cases,

 

i have not been unreasonable and just wanted to do things the right way and reach an amicable solution

 

i can do without the stress of it, all of the companies have treated me fairly over the years

agreeing payments that i could afford and not forcing me to over commit like some horror stories i have heard

 

My issue with idem is they will not be reasonable and

 

i want to know the best way forward is it paying off the full amount that i can afford

 

or do i fight them because they are arrogant **** who dont care what they do.

 

if i fight them how do i go about it

 

 

most DCA's will be nice

as 9/10 they are fleecing you blind and will be laughig all the way to the bank.

[dx100uk]

i cant remember it would have been mid 90s i signed up for it a football stadium (i only got it beacuse it was a west ham card dont hold it against me)

 

 

you do realise to enforce the debt

they need to produce the signed CCA then?

 

 

i suspect you had PPI on that too

 

 

as that would have been the commission the seller made out of you.

[anm72]

i have had the ppi from that along with everyone else that screwed me for that

had a couple of nice holidays on them for that

 

 

this where i dont understand it

 

 

if i go for the cca havent i acknowledged the debt by paying monthly for so long ?

 

 

also if they cant produce the cca what happens then ?

 

 

wont they produce some reconstuted thing and say you have been paying go away ?

[dx100uk]

no they cant.

 

 

the fact that they hold no enforceable CCA

is nothing to do with the faat that you have been paying a debt

and thus have been 'resetting' the start of the statute barred clock.

 

 

as for a 'reconstructed' agreement.

that only applies on agreements signed after apr 2007

 

 

forthose before that date

they HAVE to get a copy of your SIGNED agreement to enforce the debt

in or out of court.

 

 

dx

[anm72]

So to get this straight if they do not hold the cca I can refuse to pay and eventually they go away

[dx100uk]

in one.

 

 

same with all debts that are under the consumer credit act.

[dx100uk]

they can 'ask' for payment...

 

 

you can also 'ask' them to go away........

[anm72]

If they manage to provide the cca does that mean I am screwed

[dx100uk]

no not necessarily

as theres many isues with early CCA's from MBNA refering to the wrong T&C's

 

 

it might be an idea to sar mbna too get all the statements

 

 

was the DMP one of your own

or through a company or charity?

 

 

sri if you've answered this one already

 

 

dx