Impossible for me to read

You need to wait for all the replies

let's get the full picture

Their copy is of very poor quality; I can just about read it, but can't make a better copy.

Yes I am waiting for their response to the SARs and they haven't responded to the CCA for my 2 MBNA/Idem accounts yet only my husband's.

So, I received a 'signed for' letter from Idem yesterday. For both of my accounts they have sent the same letter stating:

Thank you for your request under the Consumer Credit Act 1974, received on the 10th October.

Unfortunately, we are unable to supply a copy of the Credit Agreement at present and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request.

The balance of the account is still outstanding and we will continue to pursue this debt which will include registering any arrears and defaults with the credit reference agencies. We can confirm the balance on your account if £1,034.87 remains due and payable and we will continue to contact your to discuss repayment proposals.

In the meantime we attache a statement of account detailing the transaction history which will also display any fees and charges that may have been added.

You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement"

So do I just sit back and wait for the SARs to arrive, or raise a complaint with the FOS stating that there's no agreement and that they shouldn't be reporting it? Or offer a full and final offer of a small sum as long as they agree to remove it (we're desperate to fix our credit file and Idem is the only one on there now)?

My husband only received the application from back from Idem (as previous posts) so should we write back requesting the signed agreement and not actually the application form?

Don't go making any complaints or full and final offer until you have gathered all the information

Especially the SAR narrative

Letter above exactly as expected

Thanks for that.

Is it worth contacting Idem again, thanking them for the application form, but state that it's the agreement we're after?

Also, I have looked through old letters.

I have SARs from MBNA which came a few years ago which I don't know if Idem will get hold of as well.

But for one of mine, there appears to be a credit agreement which I have signed in 2005,

and for the other account just an application form from 1987.

For my husband's, there's the signed application form which was posted above (almost can't read it).

As well as those, there are copies of letters which I have sent, or they've sent back and pages of coded print outs.

Is there anything I am looking for from these accounts with MBNA where the debts originated, or do I need to wait for whatever Idem send me following the SAR to them?

Thanks very much

well you need to put everything together when idem comply.

fine, I'll wait and see what Idem send following our SARs.

Thanks.

I received a letter from Idem yesterday.

They thanked me for my recent letter, and as per my request were detailing the balance and all payments made (I've actually only sent CCA and SAR).

Then there was a page or 2 of the initial balance and the payments I have made (no mention of arrears which is odd).

I didn't actually request this, I sent an SAR.

Is this normal does anyone know?

Is this their typical response or are they ignoring me and sending me what they think I need (but don't)?

They know exactly what to send but hope you don't

too many revelations in the SAR narrative

I take it you have ceased payments

Await full response

Thank you.

They received the SAR letter on the 10th Oct so with 40 working days, I guess I'll have to wait until the end of November to see if they send anything through.

They are still getting payments at the moment through Stepchange because I haven't had time yet to cancel that yet (these aren't the only debts I am paying off and I am tackling these 3 first).

I was going to write back in response to the application form copy they sent my husband and request again for the copy of an agreement and not just an application form. I was then going to write back about mine because sending me through a copy of every payment I've made isn't helpful and wasn't requested despite what they say.

I wouldn't write anything

about time you stopped stepchange too just cancel the DD simple

Totally agree with dx

Don't write any letters

They at present have no enforceable agreements and no ,as I understand, were any default notices ever issued

I am at a loss to understand therefore your reluctance to cease all payments

If you are hoping by continuing payments they will look favourably on any full and final,it will have the opposite effect

They will push for every penny

You seriously need to take control as advised many times

Hi blondiegirl

you might find this useful

just happened today

https://www.consumeractiongroup.co.uk/forum/showthread.php?474179-MBNA-Moorgate-IDEM-Arrears-NO-DEFAULT-NOTICE-PLEASE-HELP&p=5012572#post5012572

Exactly, the strategy

If you had followed the posts of September 14 and 15

you would be 3 months down the road to achieving your aims

Get on with it!!!

Only just seen these replies.

I was advised on here to CCA and wait for a reply on the SARs. This I have done.

I have read Piglet101's thread and that's great that an account's record is being removed - this is on an account with £0 balance so not sure how this relates. There was no money owing so nothing to lose.

I have received the SAR replies today. They have sent the following:

Copies of the original signed application forms entitled

'Credit Agreement as Regulated by the Consumer Credit Act 1974' dated 1997 and 2005.

I have mentioned this before and it was pointed out that these are simply application forms, and not agreements.

There are T&C's attached.

Sorry, but I am confused as to why these aren't enforceable agreements.

There are 1 per each Idem/MBNA account

ie, 3.

How are these not agreements?

I have scanned one previously and the copy is so bad nobody can read it.

They have sent copies of all correspondence and some screen downloads of their records of conversations with me. Pretty brief.

I understand that everyone is telling me to stop paying.

In order to do this, I will have to tackle 10 accounts.

If I stop paying Stepchange, 10 companies will then start to write and demand money.

I will have to arrange to make separate payments to each one to avoid this (for my own peace of mind) while I tackle them 1 by 1.

Right now I just want to sort Idem out, then the rest who aren't showing on my credit file so they can wait a little bit longer.

I now appear to have the credit agreements.

Am reading through Piglet101's thread - didn't see all the pages.

I don't think my situation is the same as Piglet101.

I complained to the FOS because MBNA hadn't DFd me and were reporting me as AP/AR.

The FOS said that in the lifetime of a credit account, the agreement can be re-structured once.

This was done with MBNA.

The account restructured and a new agreement in place to be paid off over 10 years, no interest etc.

The FOS said that MBNA had to therefore mark the account as up to date which they did.

Great - we were ecstatic!!

However, the FOS' wording was confusing in their final report which said in one paragraph that MBNA had to

"let the company they sold the debts to know that the restructured agreements should be recorded on Ms x's file from September 2012 onwards'

- I was thrilled to read this!

in another paragraph that they had to do this until 2012 which is when I had to reduce my payments and they put me into years of arrears.

This is what Idem did and are doing since 2012.

I argued under a new FOS complaint that at the time,

they couldn't report AP/AR markers,

the FOS (under a new complaint) said that they can because this is actually what is happening.

However,

sense would dictate that the relationship had broken down, agreement broken etc,

Idem can't DF, only MBNA who actually reported everything as up to date and the account isn't showing now.

thanks to some stupid mis-wording by the FOS,

it's put me in this predicament and even MBNA were sympathetic.

Had one paragraph been followed,

they'd be reporting the accounts as up to date.

And I could start to tackle the accounts and whether they're enforceable etc etc but right now this will effect a mortgage application which is my priority.

Almost exactly the same as Piglet101 thread

From that thread

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!

In order to sort this mess you are going to have to cease payments and quickly if you want that mortgage

Thank you, but they have now sent the agreements. And if I cease payments, they will start to chase me. And threaten court action and produce said agreements. I have asked before, what am I trying to achieve by ceasing payments? They will start to write and demand money.

I was advised in this thread to do nothing and to wait for the SARs which I have. So what do I do with them?

Oh, and, I will re-read that thread ta. It's not always easy to concentrate with everything that I have going on at home (but only I know that obviously) but I do appreciate everyone's input.

doesn't matter what they hold

whilst you keep paying its never gonna go from your credit file.

and they are gonna keep cash cowing you as they have you over a barrel.

even if they go win in court and get a CCJ atleast that will be gone in 6yrs unlike now..

If it doesn't matter what they hold, why the advice to get an SAR sent and see what "turns up"??

I will stop payments but it appears that they have sent 3 copies of signed agreements. And I know that Piglet101 was successful (great!) but they will quite rightly keep reporting me as being in arrears, which is true, so I can't see the same outcome. We will see.

No you are completely misunderstanding

They are reporting as arrangement to pay

On ceasing payments and terminating any

supposed arrangement

they will need to default and report as such

odds on they won't do this correctly

which will open the

complaint floodgates

Together with past mistakes that will be ascertained from the SAR

They're reporting as it being in arrears because they say I am. The FOS also agreed on that.

So they'll continue to do this as the arrears continue.

But how can Idem DF? Only MBNA can surely? And those accounts are no longer showing.

but let them

it solves the problem

and gets the clock running.

then you could always resume payment.

dx

I'll see what happens. Payments will now cease. I am crossing everything.

I was advised to wait until I hear back about the SAR - I have those now.

What am I looking for?

What do I do with them?

They have sent what appears to be 3 x signed credit agreements.