Default 2011 - New Default by Debt collector to credit file

[Ola350]

Thank you Andy for pointing me in the right area to post.

 

I must apologise for the lengthy post

 

Please could someone help with my current situation I don’t really know where I start

 

The background information relates to a MBNA cc from 1999. 

 

In 2010 I experienced financial difficulty due to family problems and illness. 

Arrangements were made with MBNA to pay reduced amounts per month.

 

Recently looking through paperwork I found a default notice letter from MBNA served under section 87(1) of the Consumer credit Act 1974 dated January 2011.

I was on a reduced payment plan MBNA continued to take payments by direct debit and send statements up to February 2012.

 

Statements to my address then changed from MBNA to Moorgate Britannica Rec, However looking through my bank statements the direct debits continued to be taken by MBNA from March 2012.

 

Statements continued to be received from Moorgate Britannica Rec but the direct debit payments changed from MBNA to Moorgate Britannica Rec. 

 

I have no record of any letters which informed me of change of company from MBNA to Moorgate or change of the direct debit payments from MBNA to Moorgate. 

(Would this have been unauthorised?)

 

Moorgate Britannica Rec continued to take direct debit payments and send statements on which the account number changed.

from September 2015 all my debts was being paid via a debt management agency including payments to Moorgate Britannica Rec. 

This method of payment continued to be paid to Moorgate up until November 2016. 

 

From December 2016 the statements changed yet again from Moorgate Britannica Rec to Idem Servicing however the body of the statement remained identical with only the company name being changed and the reference number being changed to a different one.   Payments now were being handled by myself directly by S/O to Idem Servicing up until May 2019 when I stopped payment.

 

I recently viewed a copy of my credit files to see that idem servicing has been marking 6 months arrears on my credit files from (Nov 2014 to date).

It also records back as far as February 2012 when the account was under Moorgate Britannica Rec from whom I was getting statements from at the time.

 

Something does not seem right here. 

I don’t fully understand what has gone on, the way in which the accounts with MBNA and DCAs has handled my details. 

 

I recently requested a copy of the CCA under S77-79 of the consumer Credit Act 1974 by recorded and enclosing £1.00 cheque. 

Idem wrote back in April 2019 with a copy of sums paid from 2013 and retuning the cheque.

 

The letter stated that "they were unfortunately unable to supply a copy of the CCA at present

– acknowledge that until they do so the agreement cannot be enforced they have contacted original lender for a copy and if available will send under separate cover in compliance with the request. "  ……

 

I have stopped payment to Idem Servicing

have since received 7 letters since the CCA request (a number of which relate to breach of credit agreement)

the most recent letter received end June mentions Notice of intention to issue a default

– Notice of intention to file a default with credit reference agencies

 

I have a default letter from MBNA from January 2011

- should Idem Servicing even be recording on the credit reference files and cay they issue a default as they say??  

 

 I was happy paying the debt until I came across the default notice which leads me to be question why it is still on the credit files after 8 years since letter received from  MBNA. 

 

Please help on what steps I need to take now.

 

many thanks

 

Ola53

[dx100uk]

Moorgate/idem are both part of the paragon group so nothing dodgy there sadly

the bottom line is you've sadly been cash cowed for years.

 

as you've just found out...no CCA .

and no a debt buyer cannot default you, and the account should not even be showing as the DN date is well past its 6yrs.

 

if you have the DN then copy it.

and send it along with a short letter to idem demanding they removed the account from all credit reference file providers within 14 days

else you'll be opening an immediate serious complaint with the ICO and seeking financial compensation.

[Ola350]

dx100uk thanks so much for your reply.

 

I will get a letter sent off

[Ola350]

Hi can anyone be of help

I have posted previously

sorry if i have posted incorrectly old post would not allow further updates.   background info previous post is as follows:

 

Please could someone help with my current situation I don’t really know where I start

The background information relates to a MBNA cc from 1999. 

 

In 2010 I experienced financial difficulty due to family problems and illness. 

Arrangements were made with MBNA to pay reduced amounts per month.

 

Recently looking through paperwork I found a default notice letter from MBNA served under section 87(1) of the Consumer credit Act 1974 dated January 2011.

I was on a reduced payment plan MBNA continued to take payments by direct debit and send statements up to February 2012.

 

Statements to my address then changed from MBNA to Moorgate Britannica Rec, However looking through my bank statements the direct debits continued to be taken by MBNA from March 2012.

 

Statements continued to be received from Moorgate Britannica Rec but the direct debit payments changed from MBNA to Moorgate Britannica Rec. 

 

I have no record of any letters which informed me of change of company from MBNA to Moorgate or change of the direct debit payments from MBNA to Moorgate. 

(Would this have been unauthorised?)

 

Moorgate Britannica Rec continued to take direct debit payments and send statements on which the account number changed.

from September 2015 all my debts was being paid via a debt management agency including payments to Moorgate Britannica Rec. 

This method of payment continued to be paid to Moorgate up until November 2016. 

 

From December 2016 the statements changed yet again from Moorgate Britannica Rec to Idem Servicing however the body of the statement remained identical with only the company name being changed and the reference number being changed to a different one.   Payments now were being handled by myself directly by S/O to Idem Servicing up until May 2019 when I stopped payment.

 

I recently viewed a copy of my credit files to see that idem servicing has been marking 6 months arrears on my credit files from (Nov 2014 to date).

It also records back as far as February 2012 when the account was under Moorgate Britannica Rec from whom I was getting statements from at the time.

 

Something does not seem right here. 

I don’t fully understand what has gone on, the way in which the accounts with MBNA and DCAs has handled my details. 

 

I recently requested a copy of the CCA under S77-79 of the consumer Credit Act 1974 by recorded and enclosing £1.00 cheque. 

Idem wrote back in April 2019 with a copy of sums paid from 2013 and retuning the cheque.

 

The letter stated that "they were unfortunately unable to supply a copy of the CCA at present

– acknowledge that until they do so the agreement cannot be enforced they have contacted original lender for a copy and if available will send under separate cover in compliance with the request. "  ……

 

I have stopped payment to Idem Servicing

have since received 7 letters since the CCA request (a number of which relate to breach of credit agreement)

the most recent letter received end June mentions Notice of intention to issue a default

– Notice of intention to file a default with credit reference agencies

 

I have a default letter from MBNA from January 2011

- should Idem Servicing even be recording on the credit reference files and cay they issue a default as they say??  

 

 I was happy paying the debt until I came across the default notice which leads me to be question why it is still on the credit files after 8 years since letter received from  MBNA. 

 

 Please help on what steps I need to take now.

 many thanks

Ola53

 

---------------------------------------

dx100uk

Posted July 5, 2019

Moorgate/idem are both part of the paragon group so nothing dodgy there sadly

the bottom line is you've sadly been cash cowed for years.

 

as you've just found out...no CCA .

and no a debt buyer cannot default you, and the account should not even be showing as the DN date is well past its 6yrs.

 

if you have the DN then copy it.

and send it along with a short letter to idem demanding they removed the account from all credit reference file providers within 14 days

else you'll be opening an immediate serious complaint with the ICO and seeking financial compensation.

Updated situation to follow

 

Many thanks 

Ola53

[Andyorch]

Unlock threads merged

[Ola350]

The update is as follows:

 

March 2019    
CCA request made to Idem letter by recorded signed for post and enclosing £1 fee

April 2019    
Reply letter received from Idem returning the cheque with enclosed list of payments made from March 2012 – March 2019
Letter from Idem states …  “they are unable to supply copy of credit agreement at present and acknowledge that until  do so the agreement cannot be enforced.”  No CCA ever sent.

 

April 2019 – July    
Statements continued - no mention of unenforceability

June 2019    
Letter received from Idem with Notice to issue default 
    
Found old default notice from MBNA dated Jan 2011

 

July 2019    
Complaint letter sent to Idem servicing by recorded signed for with default notice from MBNA  (dated 12/1/2011) enclosed.  Request Idem to remove the account from all credit reference agencies and if failure to do so a complaint will be made to ICO and to seek financial compensation.

July 2019     
Letter from Idem stating complaint under review

July 2019    
Letter received from Idem in response to my complaint.
  
“their findings state full investigation with credit risk team – no default has previously been applied against credit file in relation to account therefore no adjustments will be  made in relation to idem reporting to CRAs. “

States correspondence received from MBNA is a default notice regarding a breach in terms and conditions of your Loan agreement (relates to a credit card - a/c number on default notice from MBNA has same a/c number) and this does not include MBNA’s intentions to file a default on credit files.  Idem states that prior to the transfer of the account to idem servicing, MBNA informed them they had made changes to agreement. Withdrew credit limit and set a minimum payment due each month and that the account never defaulted.  

 

August– Sep  2019    
More statements and letters from Idem along with letter - notice to terminate your agreement

October 2019    
Letter from Resolve call

 

Nov 2019 to Jan 2020    
Letters from Wescot

 

On recently checking credit files found that Idem Servicing has recorded a default on Credit files November 2019.

 

Finding this quite complicated not sure whether I need to now continue under the previous complaint made to idem servicing and escalate it to ICO and FOS in relation to credit file records and wrong default details on credit files.  ??? 

 

Your help would be greatly appreciated

 

Ola53
 

[dx100uk]

talking BS

MBNA registered the default

you have proof

the debt should not be showing.

 

complaint to the ICO.

but don't make it a 3 page novel.

 

simply include a copy of the MBNA default notice

and a copy of your current entry on credit file.

 

state that MBNA defaulted the account on Date XXXX

copy of DN attached.

 

despite writing to complaint, IDEM the debt buyer have re registered the default at a date of XXXX

this is against regulations.

 

dx

 

 

[Ola350]

Many thanks dx100uk

 

Apologise for the lengthy post 

 

Thanks so much for your reply I will send the letter to ICO.   

 

With regards to the the letters i am now receiving from Wescot on behalf of idem, do i just ignore .

 

Many thanks

 

Ola53

[dx100uk]

why what do you think they can do.....