Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #81
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    Default Re: MBNA/IDEM AR/AP markers that should be a default? **WON AT FOS**

    when did MBNAicon ever follow guidelines?

    They ride roughshod over all...

    Congratulations!


  2. #82
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    Default Re: MBNA/IDEM AR/AP markers that should be a default? **WON AT FOS**

    Hi Blondigirl

    I have read your historic post with great interest, as I myself are in the exact same situation as you unfortunately found yourself in with MBNAicon.

    I have x2 accounts with original creditor MBNA to MOORGATE to IDEM now, from my 2009 debt management planicon following separation, still not Defaulted instead showing AP markers...forever. I have thus far complained to all, FOS and ICO. I had negative Adjudicators response from FOS, but now await Ombudsmanicon review. ICO have unfortunately supported MBNA. I have stopped paying IDEM since January 2017 but this has made no difference thus far. Ive received all copies of what they hold about me, 3 Default Notices were issued over the years, but they never went through with them, and i didn't receive any of them, none reported to CRAicon either.

    I was wondering if it has turned out in a positive light that you intended since all your endeavours?. It does seem all exhausting at times but I keep seeing rays of sunshine. Step Change have just dropped me and told me to get back in touch when all this is over with, when all I tried to do was the responsible thing and pay! I wasn't advised to hold back at any point but I have done it now since Jan. (Interestingly, since my complaint, Idem's statements now say....'if you pay MBNA anything in the meantime, this information will show at a later date' kind of thing!! Seems like a strange switch in tactics from them since I have always been lead to believe they owed the debt these days!). They just play me off in the middle!

    I have a 3 y/o daughter, work full time and look after my 70 year old mum. I really would like to hope this situation won't hold us all back for much longer...but its like being in quick sand sometimes.
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  3. #83
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    Default Re: MBNA/IDEM AR/AP markers that should be a default? **WON AT FOS**

    threads more than a years old and the OP hasn't been on CAGicon since their last post
    always best to keep to your own existing thread
    and ask questions there


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  4. #84
    Basic Account Holder blondiegirl Novitiate



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    Default MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    We have £20k debts with Idem which originally came from MBNAicon.

    I managed to get the AR/AP markers removed from our credit files under MBNA via a complaint made against them through the fosicon.

    The FOS even said that MBNA should pay us compensation.

    However, as the debt was now under Idem,
    I was told that I'd have to start a new complaint to get the markers removed from Idem's reporting.

    The markers have been there for nearly 10 years which effectively has put our lives on hold.

    Hoping that the FOS would do the same thing and tell Idem to remove these crippling markers with our 2nd complaint, the FOS actually now say that Idem is doing nothing wrong!

    We can't move, we can't even think about a new vehicle and I'm at my wit's end.
    Their 2nd decision contradicts what they said in our first complaint and doesn't make sense
    - I pointed this out to the FOS who say they decision is final.
    They said I can contact a solicitor who specialise in this.

    My husband is the main earner and we know he's likely to have £2k worth of repairs to get his car through an MOT - we don't have this! We can't lease a vehicle because our credit files are poor.

    So.....does anyone know if I can complain about AP/AR markers to anyone else now that the FOS have said 'tough' which totally goes against what they said the first time? Same scenario. But totally different outcome

    Secondly, has anyone had any luck with mortgagesicon and/or leasing vehicles with a poor credit file because we can't go on with our lives like this any more. It's been 10 years and enough is enough - we're in complete limbo and would have been better off going bankrupticon!

    Thirdly, has anyone used a solicitor to look at these matters?
    I really believe that the FOS are wrong and I can't believe that consumers who have done their best to pay off debts in full are allowed to be punished for the rest of their lives, yet someone who went bankrupticon get away with it after 6 yearsicon on their credit files.

    TIA for any help offered.

    - BlondieGirl
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  5. #85
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    Default Re: PERMANENT AP/DMP/AR MARKERS - affecting credit file, mortgage, car leasing

    are you paying the fleecing DCAicon anything then?
    dx

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  6. #86
    Basic Account Holder blondiegirl Novitiate



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    Default

    yes. through the CCCS/Stepchange. we've paid off over half.


  7. #87
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    Default

    then sadly the markers are correct then
    we have had loads of successes here removing AP markers

    BUT what you should have done is complained that a default was not registered by MBNAicon
    not wanting the markers removed.
    that way the entry by the fleecing DCAicon would thus now not show either. as the defaulted date would be outside of 6yrs?

    oh and I hope you've sent idem a CCA Requesticon for each debt you are blindly paying them on?
    doubt enforceable paperwork from MBNA exists if this is pre 2007 sign up?


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  8. #88
    Basic Account Holder blondiegirl Novitiate



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    My original complaint *was* that MBNAicon default me/us.

    The fosicon didn't agree that we had defaulted because a new arrangement was made and the account was restructured.

    So, the FOS said that MBNA should have reported correct, up-to-date markers
    - which they then did.

    However, the DCAicon are now reporting that we're in arrears
    - I have complained that we have defaulted because we have not kept up with the agreement.
    The FOS say that it's fine that the DCA report that we're in AR/AP forever more.

    Now that the FOS have made their (incorrect imo) decision, I can't complain again and can only take legal action.

    I feel like telling the DCA where to stick their money but I just want a clean credit score because it's killing us!

    I have CCAd MBNA a long time ago and will look through what they sent.

    Would the DCA have to have signed paperwork?
    Our accounts were just a bulk load that Idem bought from MBA.

    Thanks

    Also,
    if I CCA Idem and they can't provide any correct paperwork/agreement etc
    (original credit card with MBNA was taken out 20 years ago),
    then where does that leave me?
    They're not going to simply write the debt off and clear my credit file are they?

    Thanks

    - BlondieGirl
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  9. #89
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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    yes CCA idem...they might well not hold paperwork
    they'll kill the payments
    not sure on the credit file mind..


    a DCAicon cannot default you
    but ofcourse can mark the calendar
    you need to address the fact that MBNAicon should have defaulted you on XX date regardless to using AP markers.


    the ICOicon might be a good port of call too.

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  10. #90
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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    The fosicon were very clear that we did not default with MBNAicon (much to my dismay).
    The account was re-structured, a new agreement made and it was reported as being up to date (retrospectively) because it actually was.


    Terms of a credit account can be re-structured once, which is what happened.
    I agree with that.
    We kept up with our payments and MBNA reported us as being up to date.

    However, once it was sold to Idem, we couldn't keep up with the repayment amounts and as such, we are now getting the AR/AP markers
    - it's like we've defaulted now, but obviously the DCAicon can't DF us.


    I have quoted the ICOicon's guidelines to Idem and the FOS but this seems to fall on deaf ears!
    It's hardly fair that someone declared bankrupt pays nothing, or little, off the debts,
    yet get a clean credit score after 6 yearsicon, but we'll have these markers until retirement which is literally ruining our lives!!!!

    So if Idem have no leg to stand on with the debt (if I get nowhere with a CCA) then what?
    I'll still have this debt hanging over us???

    - BlondieGirl
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  11. #91
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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    but it would be unenforceable
    did you get a notice of assignment from idem?


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  12. #92
    Basic Account Holder blondiegirl Novitiate



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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    So it could be unenforceable but still show on my credit file forever more?

    Or could I then raise a new complaint with the fosicon
    (although I have effectively admitted owing the debt because I have already complained about the AP/AR markers)?

    I'm not sure what I got from Idem 3 years ago,
    but I know I had something because I called them and said I couldn't make the payments I'd agreed with MBNAicon due to hardship.
    They said 'tough'.
    Does having a 'notice of assignment' make a difference??

    - BlondieGirl
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  13. #93
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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    Quote Originally Posted by blondiegirl View Post
    So it could be unenforceable but still show on my credit file forever more? possibly.

    Or could I then raise a new complaint with the fosicon
    (although I have effectively admitted owing the debt because I have already complained about the AP/AR markers)? admittance is not the issue.

    I'm not sure what I got from Idem 3 years ago,
    but I know I had something because I called them and said I couldn't make the payments I'd agreed with MBNAicon due to hardship.
    They said 'tough'.
    Does having a 'notice of assignment' make a difference??

    if they don't have it they cant mark your file.

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  14. #94
    Basic Account Holder blondiegirl Novitiate



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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    Hi.

    I have looked through my letters. I can't find an actual 'notice of assignment' or any letter with that header. However, that doesn't mean they didn't send it.
    I've had various correspondence over the years and I know I must have had something through because I called them for help with reducing payments 3 years ago.

    Surely they could just say 'we sent you a notice of assignment'? Or do I need to SARicon MBNAicon and Idem to see what they have on me?

    - BlondieGirl
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  15. #95
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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    well it needs to exist in written format
    else idem must remove all there entries as they don't own the debt

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  16. #96
    Basic Account Holder blondiegirl Novitiate



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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    OK thanks dx100uk.

    I can't find any copies in all the paperwork. Is this typical?

    Should I SARicon? Not sure where to go from now.

    - BlondieGirl
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  17. #97
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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    you need to force idem to prove you received such.

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  18. #98
    Basic Account Holder blondiegirl Novitiate



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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    OK. Thanks.

    Any suggestion on how I can do this?

    - BlondieGirl
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  19. #99
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    Default Re: MBNA Card AP/DMP/AR markers removed after FOS complant - but wont rule on IDEM DCA ones!

    im not a massive fan of SARicon's to fleecing debt buyers
    but it might be the only way

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  20. #100
    Basic Account Holder blondiegirl Novitiate



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    I have been trying to get our credit files cleared up over the last 7 years and have made great progress with each debt except those with iIdem. We are now stuck with Idem reporting AR/AP markers. The fosicon weren't interested so unless I can find a money tree, we will have a bad credit file until we die!

    The only avenue I haven't challenged is whether there is a Notice of Assignment in existence for the debts with Idem. I have looked through all our paperwork, and cannot find these actual letters.

    Has anyone had any luck trying to prove that a debt made not have been sold/transferred legally? I desperately want to prove that they have no right to report on this debt in such a damaging way.

    Any suggestions gratefully received

    Any ideas anyone? I'm really stuck to know what to do.......

    - BlondieGirl
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