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)


+ Reply to Thread
Page 7 of 11 FirstFirst ... 5 6 7 8 9 ... LastLast
Results 121 to 140 of 204
  1. #121
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

    Default Overturning FOS' final decision - is it possible??

    Has anyone managed to get a decision made by the fosicon overturned because I believe that their decision is completely wrong and they haven't followed the correct guidelines? They simply aren't interested and have said 'tough'.

    For a couple of years now, I have been trying to clean up our credit files because it's crippling us having AP/AR markers. The DFs have now gone which is great, but Idem are still reporting AR/AP. The FOS believe this is fine, and that they can do this until we're close to retirement!!!

    2 years ago, I complained to the FOS about MBNAicon reporting our files as AP/AR.
    After months of letters and phone callsicon, the FOS first decided that we'd DF'd then the adjudicator believed we'd made a new agreement so we were actually up to date and ruled that MBNA had to change our records to reflect this. They did. We were paid compensation and I was ecstatic thinking this was the end!!

    But! In the mean time, and at the time that MBNA were selling the debt to Idem around 2012, we started to get into arrears because we couldn't afford the increased payments,

    Idem would not accept our reduced payments and they started to report that we were in arrears.

    Assuming that my complaint to the FOS would cover this, I was told that I would have to raise a new complaint.

    I have stated to the FOS/Idem that at the time of reporting and once it was with Idem they should not have started to report AP/AR in 2012 because:

    1. Once in arrears, it should be considered that we'd DFd because the relationship had broken down etc etc. We had not kept up with the payments agreed with MBNA and send reduced payments to Idem. Despite asking for them to accept reduced payments, they said no. They said that they'd take the payment but that they'd report us being in arrears.

    2. At the time, the ICOicon's guidelines stated that an arrangement to pay could only last 6 months otherwise it's not temporary, and should be DF'd. The ICO say that if someone is on a plan, this should be reported over any AR/AP markers - but Idem won't report that we're on a plan. And at the time, the ICO stated that a plan could only be reported on for 6 months, before DFing.

    They argue that actually, it's OK for Idem to report AR/AP forever more, because that's what it is - this is current ICO guidelines, not what was in place in 2012.

    So I am stuck!
    I believe I am right in my way of thinking as per the ICO's guidelines.
    I have asked Idem for notice of assignment but as yet have had no reply
    - I am hoping that they can't provide one which I gather means they have no right to report on our files.

    The FOS say that I can take legal advice - but from whom?
    I really don't believe that the reporting is correct and Idem should not have reported AP/AR from day 1.

    The account had been restructured once with MBNA
    - it cannot be restructured again so as we've not met the terms of the agreement, we have DFd.

    I have no way of knowing what info MBNA/Idem sent to the FOS, and I can't believe they made their decision in a matter of days, when the MBNA complaint took months and they agreed with everything I said. It's as though they read my complaint, looked at current guidelines, and said 'tough'.

    I would happily consult a solicitor but don't know who to contact.

    Help!!

    - BlondieGirl
    Follows
    0
    Following
    0

  2. #122
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

    Default

    Does anyone have any experience on the ICOicon having any weight/say in what's on our credit files? If information is incorrect, can they enforce that it be changed?? TIA

    Does anyone have any experience overturning a fosicon decision??

    - BlondieGirl
    Follows
    0
    Following
    0

  3. #123
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.14 post per day)

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

    That what they do...

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  4. #124
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

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

    So the ICOicon could over-turn the decision made by the fosicon on our credit file not being correct??

    - BlondieGirl
    Follows
    0
    Following
    0

  5. #125
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.14 post per day)

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

    the ICOicon wont go against the fosicon


    got that notice of assignment yet?

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  6. #126
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

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

    Oh sorry, I thought you said 'that's what they do'.

    So the fosicon can make mistake and aren't accountable to anyone??? Having read posts on here, sounds like the FOS aren't as helpful as they make out! I am adamant that they didn't follow the ICOicon guidelines.

    I haven't had any reply to my request for a copy of the NOA no.

    - BlondieGirl
    Follows
    0
    Following
    0

  7. #127
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.14 post per day)

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

    no you asked did they have any power of what shows on your credit file
    not if they would argue with the fosicon.


    2 totally diff things.

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  8. #128
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

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

    Idem have replied to my request for them to provide a copy of the NOA.
    They have written to me and have
    "enclosed a copy of the letter(s) regarding the transfer of the account to Idem Servicing from MBNAicon".

    There's a newly printed out letter which is dated for the correct time in 2012 (as per my credit file and when they started reporting) when the ICOicon's guidelines on reporting AR/AP were totally different to today's guidelines (which is where the fosicon have incorrectly made their decision having based it on today's guidelines).


    I have no way of knowing whether I received this or not; I don't recognise it and we would have had 3 separate letters. It's not a copy, it's an actual letter (if that makes sense).

    It says:

    Dear Ms XXXX,

    Welcome to Idem Servicing

    I am writing to inform you that the outstanding balance on your MBNA credit card account has been purchased by Idem Capital Securities Ltd trading as Idem Servicing who will be administering your account on their behalf. This transfer will take place on 24 September 2014.

    The transfer assigns all of MBNA's rights in relation to the outstanding balance under the above MBNA referenced account to Idem Capital Securities Limited. Your legal rights will not be affected by this transfer and we confirm that we will treat your current arrangement with MBNA to make reduced monthly payments as your minimum payment under your account agreement. We also confirm that you will not be charged interest or fees.

    Your debt managementicon company are aware of this transfer and there is no requirement for you to take any action. Whilst the conditions of your credit card will will not change, you have been allocated a new account number (shown above) which should be used from 24 September 2012.

    Data Protection
    Under the Data Protection Act 1998, Idem Securities will now be a Data Controller blah blah blah

    Our Opening Hours
    Blah blah blah

    Yours sincerely
    ksdjfksjdfn

    - BlondieGirl
    Follows
    0
    Following
    0

  9. #129
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

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

    Notice of Assignment - any ideas anyone? I've copied the one I have received which is above.

    - BlondieGirl
    Follows
    0
    Following
    0

  10. #130
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.14 post per day)

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

    cant argue with that ,,

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  11. #131
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

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

    great,
    so we're pretty much screwed with nothing we can do,
    even though I am adamant the fosicon have made a mistake?????

    They may as well hold us against the wall with a gun for the way they're ruining our lives.

    I feel like sticking 2 fingers up at them and ceasing all payments.

    It can't get any worse.

    - BlondieGirl
    Follows
    0
    Following
    0

  12. #132
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.14 post per day)

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

    should have stopped payments in 2012

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  13. #133
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

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

    but i didn't - i wouldn't have known to.

    What would happen if I stopped now? what's the difference between stopping now and then?
    If I thought it would mean a DF, I would stop now. But they can't DF me can they?

    Seriously don't know what to do with this now other than find a very expensive lawyer.

    - BlondieGirl
    Follows
    0
    Following
    0

  14. #134
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 108,268 (27.14 post per day)

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

    you were told to here in this very thread

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    0
    Following
    0

  15. #135
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

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

    I may have been "told to" but without knowing the consequences of doing that, I wouldn't have simply stopped payments.


    I still do not know what would happen, or what is the good of just stopping.
    It's easy to say that I should have just stopped paying them.
    I wasn't advised or told to find out if there is/was a notification of assignment back in 2012,
    which they say they sent (although I have no copies of them).

    What would happen if I stopped now?
    what's the difference between stopping now and then?
    My situation is the same.

    If I thought it would mean a DF, I would stop now.
    But they can't DF me can they?
    They have a print out of a NOA.

    regardless of what I was told to do, I didn't stop any payments because I didn't know what would happen. And I still don't.

    I just know that I am trying to clean up a credit file to get a new mortgageicon to move house and need advice and help about doing this because every avenue so far, has proved successful apart from the fosicon making the wrong decision.
    So I am stuck.

    - BlondieGirl
    Follows
    0
    Following
    0

  16. #136
    Gold Account Holder Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Nov 2008
    Posts : 5,109 (1.55 post per day)

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

    after 6 years england/wales and 5 years scotland the debt would be statute barredicon = end of as long as you made no payment/acknowledgment of the alledged debt within that time.

    Follows
    0
    Following
    0

  17. #137
    Gold Account Holder Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger Highly informative Old Cogger's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Nov 2008
    Posts : 5,109 (1.55 post per day)

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

    also what would happen = if you read threads on the same subject you would of got a good idea of what would happen == in every case is different not definate answer - chance you take meantime suggest you listen and act on what people say, nobody can do it for you/

    Follows
    0
    Following
    0

  18. #138
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

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

    Thanks,
    but I have spent hours over the years reading different threads and 4 years ago, nobody (as you say every case is different) could advise me on what to do.


    I do remember getting 'advice' saying 'don't pay'.
    I didn't understand why.
    So whilst you say that I "should have listened" (I do take good advice on board) the debt was transferred from MBNAicon to a DCAicon and they were automatically given the payments from CCCS - so risking not paying them wasn't an option. The payments were already being made.

    And no,
    I don't expect anyone to do this for me
    - I have been fighting this for years based on suggestions on here,
    and my own hours of reading/research,
    and have, so far, been successful (up until now) in putting things right.


    Stating 4 years later that I shouldn't have made any payments isn't helpful.
    At the time, I didn't have a good idea what would happen.
    Hindsight is a wonderful thing.

    All I am trying to do is to get advice now
    - not unhelpful criticism, in what is an immensely stressful situation.

    - BlondieGirl
    Follows
    0
    Following
    0

  19. #139
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    theoldrouge Highly informative theoldrouge Highly informative theoldrouge Highly informative theoldrouge Highly informative theoldrouge Highly informative theoldrouge Highly informative theoldrouge Highly informative



    Follow Real_CAG on Twitter
    Cagger since : Nov 2012
    Posts : 2,848 (1.56 post per day)

    Default

    Each and every account is individual,so no one can predict an outcome

    Personally under your circumstances I would cease payments to Idem

    and write to them by signed for delivery

    informing them that you have ceased payments with immediate effect and any

    arrangement to pay is terminated with immediate effect

    In addition Enclose a CCA Requesticon

    They can only report a true reflection of the account

    Each situation can then be dealt with as t arises


  20. #140
    Basic Account Holder blondiegirl Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Aug 2007
    Posts : 264 (0.07 post per day)

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

    Thanks theoldrogue.

    When the debt was with MBNAicon I complained to the fosicon about the way in which it was reported as AP/AR as per the ICOicon's guidelines a few years ago.
    The FOS agreed and said it was wrong and ordered MBNA to pay us 600 and report as up to date.
    But, annoyingly, Idem did not have to do this.


    Idem carried on reporting AP/AR.
    I complained to the FOS again, who incorrectly say this is actually OK (yet they have the opposite opinion for MBNA) so we're stuck with these markers forever more.

    I agree that they can only report true reflections and we are in arrears (because they refused to accept lower payments so the arrears just keep adding up) and we're on a plan.


    But the ICO's guidelines 4 years ago stated that this could only be for 6 months, and that after 6 months of arrears, a DF should occur.
    This hasn't happened.

    Whilst I'm not 'scared' of outcomes, I don't want to get bailiffs knocking at the door.


    I just can't believe that Idem will ignore this 6k we owe and not take action.
    They have sent a copy of a notice of assignment (it's just a freshly printed letter which I don't recognise) And as they can't DF us,
    I don't see what else they can do, and I haven't found out potential outcomes because as you say, all accounts are individual.

    Other debts have DF'd so don't show. It's just these MBNA/Idem ones that are causing the stress

    - BlondieGirl
    Follows
    0
    Following
    0

+ Reply to Thread
Page 7 of 11 FirstFirst ... 5 6 7 8 9 ... LastLast

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details