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blondiegirl

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  1. A dca may not be allowed to to issue a default notice, but they do, or at least they change status on a credit file. MBNA didn't ever issue a DN otherwise it wouldn't be showing on my file (the debt started about 10+ years ago). I was on a payment plan with MBNA years ago with the debt getting sold to a dca. The dca changed my credit file to dn 5 years ago. The debt has been passed from one dca to another it's hard to see who's done what.
  2. It's a shame the dca didn't use the correct date so the information on my credit file is incorrect. The default occurred years before whoever added it to my file. I think it was with Hoist before Lowell and possibly Idem at some point.
  3. Hi all, out of the blue, I have received a cheque from Lowell for £22 "in respect of an overpayment on this account". £900 is showing as owed to Lowell, from idem which I think originated from MBNA. I haven't paid them in maybe 2 years and they defaulted me 5 years ago, despite the fact that I defaulted the actual agreement with MBNA many years ago. I am reluctant to call and ask in case any changes are made to my credit file - I desperately need the default to go and have about 12 months left. Does anyone have any experience of this? Thanks.
  4. Whilst considering all options, a draft Tomlin order has been sent. All points except 1 in their draft order seem fine, detailing the exact amount and for so long, as to how the settlement will be paid. But point 3 seems a bit odd: "3. After the expiry of the initial 12 months period, ie March 2021, the Claimant shall issue and I&E form to the Defendant and the Defendant agrees to fully and accurately complete the said form and return it to the Claimant. The Claimant and the Defendant will review and, if required, will agree a revised monthly instalment in line with the Defendant's affordability". If an I&E were to be completed and the affordable figure were to change, this would negate the whole agreement surely? It's agreed at £x over x months. Surely this can't changed and so point 3 should be removed??
  5. OK. Need some advice here please: Going by their paperwork, point 16 of their WS refers to the agreement being terminated on 22nd November. However their DF Notice dated 7th November gave until 24th November. They also issued a letter, dated 22nd November, to the effect that the account was terminated. So they have effectively terminated the agreement without allowing the time they've given for remedy to expire.
  6. So a bit of an update, I contacted Idem to discuss a proposed figure and they've accepted my Tomlin offer over the phone. However, they said that in order to agree this, I have to make a payment (ie, the first instalment) and also set up a direct debit going forward. Is this normal? They know I have to still submit a WS. I haven't made any payment as I'm still weighing it up. The lady I spoke to said that she'd get this in writing (didn't say what exactly, but I assume 'legal' paperwork??)
  7. So we're weighing up all options. I know I have a good case. Their arguments, and a lot of the documentation, are pretty weak in parts (especially the lack of a properly executed credit agreement). But, if I go down the Tomlin route, what do I need from them, or them from me, to get this set up? I would like all the facts as I wouldn't trust anything they say Thanks again,
  8. I should have this finished by tomorrow and will send across. I think their WS is very padded out with pages of old statements (which isn't proof of any agreement), and they can say that a credit agreement has been provided as many times as they like - they certainly haven't provided it! Not to mention the default notice issue. All works in my favour.
  9. Idem has sent its witness statement. I haven't scanned all the appendices though (nothing new on them). Comments and/or advice welcome please. Thanks IWS.pdf
  10. I've checked the MCOL website and there's no payment showing by Idem. I assume they've paid as per their letter, and the website is just slow to get updated. Anyway, drafting up a WS now.
  11. Last week, I called Idem to say that my husband was unable to call them due to working away and no signal. They said they'd expect him to call next week. In the mean time this letter has arrived. Is this standard stuff? Thank you as always letter from Idem 220220.pdf
  12. It was great advice, and I'm grateful for it. Thank you Shamrocker. I just wondered how the phone calls go? I've only spoken to Idem once before (aside from today) and they weren't very helpful and refused to accept our offer. Obviously I want the best outcome possible for us, so I want to be as prepared as possible.
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