no you asked did they have any power of what shows on your credit file

not if they would argue with the FOS.

2 totally diff things.

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 MBNA".

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 ICO's guidelines on reporting AR/AP were totally different to today's guidelines (which is where the FOS 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 management 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

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

cant argue with that ,,

great,

so we're pretty much screwed with nothing we can do,

even though I am adamant the FOS 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.

should have stopped payments in 2012

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.

you were told to here in this very thread

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 mortgage to move house and need advice and help about doing this because every avenue so far, has proved successful apart from the FOS making the wrong decision.

So I am stuck.

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

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/

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 MBNA to a DCA 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.

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 request

They can only report a true reflection of the account

Each situation can then be dealt with as t arises

Thanks theoldrogue.

When the debt was with MBNA I complained to the FOS about the way in which it was reported as AP/AR as per the ICO'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

a dca is NOT A BAILIFF

they can send who they like

they've no powers whatsoever

bailiffs only ever MIGHT come if you lose a lengthy court case and fail to pay a CCJ in 33 days

and I doubt they'll do that.

dx

Hi, yes I realise the DCA aren't bailiffs, and I guess I have nothing to lose by not paying (I wouldn't let any situation reach CCJ/baliffs).

they sent a NOA and the payments have been made so I have acknowledged the debt.

If it ever got to court, I wouldn't have a leg to stand on.

If I ceased paying them, what would I be hoping to achieve?

I am now considering making them an offer to pay the debts off, and wait for a clean credit file in 6 years.

well no F&F without removal of the debt totally from your cra file.

as I said if you'd stopped paying years ago when you were told too

whichever way it went then it wouldn't be showing now.

you didn't you went away time and again to do your own thing

then started numerous new threads each time

and we had to fathom out the story and merge again and again when you did this after asking the same questions each time.

since then you've had a good result with MBNA in a way, but sadly started it without asking out help

you wanted the AP markers removed, not correctly defaulted as your should have requested

and since then we've been bailing the boat out trying to stop it sinking around you.

I think its force their hand now

they've messed you around enough

stop payments

you never know they might well default you [even if they cant as such]

or

F&F but demand the account is removed totally

Telling me repeatedly that I should have done something doesn't help now.

As I have said,

the payments automatically carried across to Idem

- at the time it was very confusing and I was doing my best to sort 10 accounts out.

Yes I have dipped in and out of this forum, and the advice has been great.

I complained to the FOS stating that I had Dfd with MBNA.

The first FOS officer who dealt with my account agreed

I thought it would all be done and dusted.

the actual adjudicator didn't agree because it was a restructured account, it was a new agreement and should be treated as such

- hence reporting as being up to date and correct which was great.

now Idem don't have to do the same,

even though I've technically DFd on my agreement with them.

I specifically argued a DF with MBNA but the FOS didn't agree - I actually agree with them.

A credit account can be restructured once, and this was done.

I have DFd on my payments to Idem but Idem can't DF me.

I can't find any threads where people have simply stop paying a DCA and it's gone away.

They are controlling your life'

You need to be in control not them

You are missing key points

If this were to go to court as is you would win hands down

To gain a CCJ

They need a copy of the agreement

And more importantly in your case A default notice under s87

itself compliant with s88

Stop payments get the cca request sent

Send a SAR to Idem

The narrative will be worth its weight in gold

Thank you

Very helpful. A couple if questions please:

1. I have a NOA from Idem - doesn't this mean that I'm stuck with this debt (as I have been previously advised??)?

2. If I cease payments and send a CCA/SAR to Idem, any idea what might happen?

3. We owe £6k to Idem.

If we F&F them, as long as they agree to remove from our credit file,

Should I offer 50% to pay them off?

Any experience in a DCA agreeing to a F&F and removing the record??

I intend to move the DMP away from Stepchange and pay the DCAs directly while I sort this out because we need a new mortgage in 6 months and I don't want a DMP showing on our bank a/c. If I can get rid of the Idem showing on our credit file, it will be clean and no DFs showing.

Thanks

1. just shows legal transfer of debt, not of great significance at the moment

2. they will after a few days inform you that they do not hold a copy of the agreement

and have to revert to the original creditor for the information requested.

Meanwhile they recognise that the agreement is unenforceable until such time as the information is received. They will beg you to pay (which you WILL ignore)

They may also try and cobble together a Default Notice

3. Save your money for your house purchase

Remember you want to be in control

Gather all the information,

then we can hit them with all sorts of problems

So

CCA plus termination letter as suggested

SAR

both to Idem

Cease Payments

Thanks again

What I am trying to achieve is to clean up our credit score. That is my main objective.

we need to do this as quickly as we can because I don't even know if we can get a sub-prime mortgage,

a normal mortgage will require a clean credit score.

The issue is that we have to move house for schools - that's so important.

I totally like your suggestion of stopping payments and requesting CCAs/SARs etc and it is what I want to do.

as all situations are different, nobody can say what will happen, or when. If I do this, I can't expect Idem to say the debt has gone and wipe the markers off the credit score.

And also, if I offer F&F I don't even know whether they'll agree to remove the file from our credit files.

Such a muddle to know what to do when time is not on my side.

I will look through my files, because I CCAd everyone a long time ago and I'll see if MBNA sent one because I doubt Idem have one.

you write to idem and ask them

I make an F&F offer of £XXXX

will you commit to remove this totally from credit files upon acceptance .

Doesn't really matter what MBNA sent in this context, other than giving you an indication as to what they may hold

The more info you gather the better hand you will have if you need to negotiate a full and final

Bear in mind Idem will have only paid around 10p in the pound for your debt

This article may be of interest to you

https://www.theguardian.com/money/2017/jul/08/sub-prime-mortgage-bankrupt

yes I really do and have wonder how much an rouge series of AP markers

when it can be proved the OC says they shouldn't be there

and that are there purely by spite from a DCA debt buyer with a very well know and long standing HATE for debtors

hurts a mortgage application.

IDEM are very well know as being the Hagar the terrible of DCA's

the bossman is a ex partner of HFC if I remember rightly

and was very much central in the mass PPI rip off by them through Hamilton life