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MBNA/Moorgate/IDEM +++dreaded AP markers **WON REMOVED**


Piglet101
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Please can anyone help with advancing this?

I would be really grateful if a Default Notice 'Expert' could kindly offer me any advice.

 

I have a long standing dispute with a Creditor on my DMP

– MBNA/Moorgate (sold to IDEM post complaint Oct 2016).

 

Original creditor MBNA on DMP May 2009,

 

sold to Moorgate 2012,

 

Default Notice from Moorgate Dec 2013 but binned by them

 

(even though letter to terminate agreement thereafter also and no other monthly statements received),

they didn't record the Default Notice with CRA either,

I have (Moorgate) arrears markers from 2013 to current.

 

I have thus far complained to MBNA (& Moorgate) to request a Default Notice to be issued and recorded from the start of my DMP May 2009

(when the arrears started

– as comfirmed on all their MBNA statements I have and evidenced to all,

as I defaulted on original T&C paying reduced monthly payment under DMP),

 

MBNA refuse to add a Default Notice as ‘relationship continued’ and I entered into a payment arrangement with them’,

 

Moorgate refuse more or less on same grounds and say their previous Default Notice was scrapped as they were contacted re payment continuation, so didn’t record.

 

The Adjudicator at the FOS has come back to me,

she says MBNA have ‘foggy’ evidenced that I continued to meet most of my monthly payments with them (??!!),

she seems ‘Exacerbated’ of her telephone conversations with Moorgate,

and has decided to not uphold my complaint altogether as she doesn’t think either have acted unfairly???

She has said I can ask an Ombudsman to take a look also…

.but that they are ‘likely to agree with her’.

 

I am quoting the ICO guidance version 3 2007 to FOS,

however the Adjudicator has said ‘More recent ICO guidance states that there are exceptions and a Default Notice shouldn’t be added if a payment agreement has been entered into, such as a DMP.’

 

I have sent the Adjudicator absolutely everything so I am confused,

am I barking up the wrong tree here,

I don’t know what else to say to them other than the enormous evidence and several emails that have taken place

 

…..please can anyone offer some advice (it will be on my CRF until 2026 ?)

 

Moorgate have told the adjudicator,

if I stop paying now for 3 months,

they will re-place their original Default Notice of Dec 2013 as this pertains to the current arrears.

 

Do I upgrade to an Ombudsman and stick with it for MBNA Default May 2009

or / stop paying 'now' IDEM and expect DN Dec 2013 reignition from Moorgate (?!)

 

Thank you so much for reading in advance…

 

Arrears with MBNA May 2009 until sale to Moorgate March 2012

(MBNA told Moorgate the account was up to date

- this is totally untrue as was mounting arrears against T&C although of course MBNA don't record these)

Plus x 3 seperate missed payments with MBNA

 

Moorgate arrears from September 2012

4 seperate missed payments with Moorgate to date.

Moorgate sold to IDEM in December 2016 after my complaint.Save

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Moorgate not Moorcroft ?

 

Andy

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If its been assigned to a DCA...they cant issue a Default Notice or make any amendments apart from adding their name to the existing default marker and the original date it was placed.

We could do with some help from you.

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Mmh, at the moment, I dont have a Default Marker - apparently (Moorgate did not register the one they sent me in December 2013, so no sign of it on all 3 credit files), rather 4 1/2yrs worth of arrears...

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Was your initial credit/agreement with MBNA ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Yes, MBNA credit card opened in 1997,

defaulted May 2009,

balance £6000,

entered into DMP with total of 5 creditors including MBNA

(all other 4 creditors issued Default Notices in May 2009, apart from MBNA).

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well fat chance of them getting enforceable Paperwork for an MBNA card of that era.

but doesn't address the non default placement.

but CCA request time for sure.

 

 

who was the DMP with

they should have ensured default placement and no more interest was added...

part of what they should do...

 

 

when did you enter the DMP?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I can send MBNA a CCA request in the meantime, tho have been paying this debt for nearly 8 years now, 3 years left on it (with IDEM!).

 

Step Change

- formally Consumer Credit Councelling Service when I joined back in May 2009, interest was seized.

 

They took me under their wing and serviced everything

within a month at the time,

which obviously I thought to be nothing short of A-mazing.

I wasn't advised to...'Wait!'...'don't pay anything until all accounts Default' kind of thing.

 

The other 4 creditors on my DMP sent 'Default Notices' within months in 2009...

...all apart from MBNA

(they sent me a new account number too in December 2009

- 6 months after entering DMP so god knows what 'internal process' was going on there ?

 

! CCCS obviously did forewarn about Default Notices in their general information,

but from the point of view of 'if this happens...it means it will show on your credit file for 6 years unfortunately'.

 

No-one has addressed the issue of beware of Arrears for 17 years.

 

I did question Moorgates accounting methods with Step Change a few years ago as the arrears were so on going with 'really old DMP arrangement figures' from 2012 (hence the arrears!) which had been reviewed since,

 

but I was just advised that it is Moorgates internal way of accounting and as long as the balance was correct, to not worry about this.

 

I only incidentally found out about No Default Notice on these 2 MBNA accounts last October when looking at my credit files to see if myself and my 3y/o daughter could move home...;-(

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CCA goes to the Owner the debt its nowt to do with MBNA now they sold it to idem.

[check the owner on the credit file.]

 

 

now I didn't say and neither should CCCS - have advised to wait until defaulted.

 

 

how much is owing?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well as stated Moorgate cant issue a default as they are not the original creditor...only MBNA could have done that and are not in a position to rectify it now.

 

As its not on your CRAs or ever been on your files I fail to see what your problem is.?

 

As advised send Moorgate a CCA request if they fail to comply or even if they do....The choice of whether you continue to pay them is one that you could consider...because if you did there would be very little they could do...they cant enforce the agreement by way of a court claim because the agreement has never been defaulted.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Both accounts are on my credit reference files with all 3 CRA under Idem.

 

 

As the other 4 creditors accounts under my DMP have all now disappeared from my CRF, I assumed MBNA's/Idem's accounts to have disappeared also, until I got my CRF to discover this was not just the case, but also that the accounts will be there, showing arrears, for the next 3 years until settlement + another 6 years (2026), unless I try and do something about it.

 

It may well not be enforceable, which I will give careful consideration to but I don't mind paying this debt, its was mine after all, and I feel a Default Notice should have been issued a long time ago.

 

Moorgate have said to the Adjudicator, if I don't pay for the next 3 months (to Idem), they will reignite Moorgates old default notice Dec 13', can't believe Moorgate are advising me to not pay Idem for 3 months, I guess they don't care as its not theirs anymore but Im confused as to how this could reignite Moorgates Default Notice if it now belongs to Idem?!...or are they stirring the pot?

 

Thanks Andy,

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I think the point you are missing...and I will stress again...only MBNA can issue a default notice all the fagends that have owned it since can only replace the original marker with there name...cant change dates.

 

Your problem is as you seem to think MBNA never issued a default notice in 2009 or ever at all and if they had it would have fell of the files by now.

 

But if they hadn't issued a default notice or reported it to the CRAs...then the Assignee's (IE Moorgate/IDEM) should not have been able to mark your files ?

 

Only the original creditor can place the initial marker.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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How come Moorgate were able to issue a Default Notice posted to me in Dec 2013, 1.1/2 years after purchasing from MBNA ?

 

 

Then they binned it anyway as they say 'they were contacted by DMP re continuation of payments within 28 days' so it wasn't registered ??

 

 

I was asking originally for MBNA to back date this ghostly Default Notice during my initial complaint to 2009, to be told

 

 

'please discuss this with Moorgate' ?!

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your first letter should have been to mbna and giving them 14 days to register a Correct default

or you would complain to the ICO and seek financial compensation

why you went to the FOS I cant understand

 

its nothing to so with them

and he FOS never fall on their sword with regard to penalty charges nor anything that goes against an original creditor.

 

weve had numerous successes with ICO based complaint letters already.

 

have ever sent MBNA an sar?

 

I bet this debt was sold to Moorgate and they should have defaulted it upon sale.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, were getting nearer,

soon after my last 2 DMP missed payments (+another one earlier in year) with MBNA, amongst arrears, they sold to Moorgate.

 

I had read mixed messages as to go to FOS following unsuccessful complaints with the original creditor, and some ICO.

 

I think I will proceed to the Ombudsman now

I'm at that point with the Adjudicator to see what they say AND I will proceed with a complaint to the ICO if you feel this would perhaps be more successful.

 

I feel they have breached all their Guidance to date but wasn't sure what Authority they had really to inflict this.

 

MBNA have told the Adjudicator that the account was 'up to date' when they sold it to Moorgate,

but I know,

and have evidenced it was not.

FOS are ignoring this issue.

 

I will also send SAR to MBNA,

the adjudictor says their evidence 'is a bit shoddy' to her ?! mmh i wonder why...

 

Do you think a complaint to FCA also,

or wait for outcome before I do that?

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nothing to do with the FCA

 

 

you send a new complaint to MBNA

you give them 14 days to register a default on the date of the third short payment

or you'll be staring a complaint with the ICO

and seeking financial compensation for the damage to your CRA file.

 

 

forget all what you've done in the past..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Do I need to send MBNA a new complaint? My original one, in October, did indeed say 'register a Default Notice from Dec 2009 at the latest, you have 14 days to comply'. They took 8 weeks to say 'No', then I went to FOS ?

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How come Moorgate were able to issue a Default Notice posted to me in Dec 2013, 1.1/2 years after purchasing from MBNA ?

 

 

Then they binned it anyway as they say 'they were contacted by DMP re continuation of payments within 28 days' so it wasn't registered ?? Precisely for the reasons stated above nothing to do with your DMP

 

 

I was asking originally for MBNA to back date this ghostly Default Notice during my initial complaint to 2009, to be told

 

 

'please discuss this with Moorgate' ?!

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 1 month later...

I have just been reading through this thread, it is a very similar situation as I have.

 

I entered a DMP in March 2009 and one of the accounts included was an MBNA CC.

 

The account was never defaulted but marked with a DMP marker.

 

The account was paid in full and closed in June 2013, so consequenty as no default notice was served the the account is still being reported on my credit file.

 

I have contacted Moorgate as they purchased the debt to request the removal of the account and they refered to MBNA who refused to do so.

 

I then raised a complaint with the ICO who advised that although their guidance at the time was that a default notice is served as nominal payments were agreed, they have to use their most up to date guidance and as the account did not meet that criteria they would not do anything further.

 

I have also written to FOS who have now replied to say that as the incident took place over 6 years ago they are unable to investigate the matter without MBNA consent, which has been refused.

 

I think my only remaining option is to start legal proceedings under the DPA unless anyone else has any advice?

 

my thread can be found here

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  • 7 months later...

2 Credit Cards MBNA (opened in 1997!)

 

Debt Management Plan 2009

 

Accounts sold to Moorgate - YEARS OF No.6 ARREARS NO DEFAULTS (tho historic 'Default Notices' from both MBNA & Moorgate)

 

Complained to FOS 2016 (Moorgate immediately sold to IDEM) - not upheld as 'Still had a relationship' (durgghh! I was still paying them through stepchange - copied into all correspondence)

 

Complained to ICO 2016 - not upheld as 'Still had a relationship' (this info was useful tho - as STOPPED PAYING STRAIGHT AWAY)

 

Sat in my armchair

- and I allowed time for IDEM to make 'monumental mistakes' with my Credit Reference Files

(false DMP and AP's in place - funny that as I hadn't paid them since January !!!) (and they suddenly Defaulted 1 accnt but not the other!)

 

Then Aug 2017

- I had the ammunition I needed to make another 'mother of all letters' with copies of all Credit Files,

pointing out all the lies they had made on my CRF with further threat to go back to FOS and ICO with our now 'very non-existent relationship!' :-)

 

8 weeks was up last week

- I was about to place my FOS/ICO complaints this weekend ......…

but ALAS, today I have received a letter.....

 

I thought I would never receive...it reads...

 

"Further to our letter dated 24.08.17, I am sorry to hear you remain dissatisfied and apologise for the time in replying.

I thank you for providing us with a copy of your credit file, this has assisted us in understanding your concerns.

I am sorry for the confusion in our letter dated 11.08.17 and after a further investigation it has been agreed to remove the credit record from your credit file for both of your account.

 

For the inconvenience, we have caused I wish to offer you £100 and I will arrange for a cheque to be sent under seperate cover.

I hope you find that the points above offer a fair resolution to your concerns.

 

If you have any concerns regarding your financial situation, we would recommend you seek free impartial advice from Citizens Advice or Stepchange."

 

Well well well, after 15 months of long hard slog !!

I will of course ...believe this when I see it

- but it appears to be a grand step further towards a very much anticipated grand finale! and NOT ONE MENTION of the £4K that WAS still owed!

 

So...don't give up, just keep going, but you must get them into a corner they cant wriggle out of,

 

Great many thanks to all who offered me any advice along the way, you are priceless! :whoo:

All the very best to you.

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so we can mark this as won now then!!

 

good work

 

glad we could help

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hey Piglet101 - I have complained to the FOS about MBNA (upheld) and Idem (lost).

We now have AP/AR markers until retirement and have been trying to get advice as to what I should do on here and I am confused. I have CCAd, SARd etc as advised on here. I have also been told to cease payments. I appear to have been sent copies of the original signed agreements.

 

Did you receive any copies of signed agreements?

Did you simply stop payments to see what would happen? And then write to complain that they'd been reporting inaccurately, ie in arrears (although wouldn't the arrears have accrued?)? :-)

- BlondieGirl

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  • 1 year later...

(You may recall my longggg old posts on these pre-2000 CC, eventually after a long battle, being removed from CRF in 2017 by IDEM, after 2 years complaints with FOS and back to IDEM,etc, etc, I received compensation too)

 

 

So...fast forward to 2019. Idem still chasing (yawn...). I moved address last year. Still received correspondence to old address. Sent recent CCA requests for the 2 CC accounts. One account CCA request reply from IDEM says:-

 

 

"Thank you for your recent request for personal data pursuant to Article 15 of the General Data Protection Regulation (GDPR). Whilst we are happy to fulfill your request, unfortunately we are unable to confirm your details against the details we hold on our system. Therefore, please confirm your full name, dob, and current address, along with any previous addresses to enable us to locate your account accordingly. Your attention to this matter is appreciated and we look forward to hearing from you."

 

 

Oh they are such ding-bats aren't they :violin:. Not only are they not mentioning the 'CCA' I requested in my letter (but GDPR) , they have been chasing this debt, trying to locate my new address and threatening Resolva-planet, and have also written to me already at my new address with regards to the other account, yet... now they want me to confirm my details...for this address/account. What shall I write back to them with please (with gusto!) / or not !? I am still waiting for my CCA......

 

Thank you,

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