I did have one thought

- surely there should be correspondence/info/data pertaining to me between Idem and MBNA.

I would have expected to have receive copies of letters surrounding the debt and what it was sold for etc because it relates to me.

I have to search through boxes for the MBNA SAR but I don't remember seeing anything like this in that paperwork.

And now I am furious!

Having checked with Stepchange - it appears that they have been paying IDEM after I told them not to. I am so angry because I asked them not to and they agreed! Great.

OK, so I've checked through the info that MBNA sent me following me my SAR. There's very little there; the 'original' signed photocopy of the agreement, copies of the letters between me and MBNA and some pages of codes which pretty much point to nothing.

What am I looking for?

218

I can't see anything with that. What's that?

re post 218

re post 218

Stacks of useful info in the Idem SAR

really must see all letters between you

MBNA theFOS and Idem and all their replies

and the FOS final decision please

I stopped all payments to Idem back in March in an attempt to sort this mess out. They are now calling daily and sending letters. Should I be worried?

wheres our cash cow gone...

Sorry?

you were being cash cowed because you though you had to pay...

!!!!!!!

being cash cowed is not a horrible comment, it's what they did to you because you knew no diff.

they exploited your position...that's the horrible bit..the way you have been treated.

in the end you had no other choice but to act and stop the cash cowing to force the issue you want resolved, which is no default and years of AP markers that will never vanish.

let them ring, let them send all the 'nasty' letters they like, most of which don't say will anything and are an attempt to make you respond and get you back paying for all their holidays they've had on the free money they've been getting all these years.

hopefully, this will cause them to default the account [even though legally we know they cant, but in this instance we will let them] then atlast after 6yrs the account will vanish from your credit file.

as long as you don't get a letter of claim from their pet solicitor, you can as you've already rightly done ignore them.

So we've received a letter today from Idem regarding 1 of our accounts. I expect to get another 2 because we have 3 accounts. It seems that after not paying them for 7 or 8 months, they are saying:

Why are we writing to you

We have been trying to contact you about your arrears blah blah blah.

If we don't hear from you within the timescales set out below we will take the following actions:

NOTICE OF INTENTION TO ISSUE THE FOLLOWING DEFAULT NOTICE

Your agreement requires you to pay your months instalments in full when due. By going into arrears, you have breached the t&cs of your agreement. If we don't hear from you within the next 11 days, we will issue you with a Default Notice which could lead us to terminate your agreement and the total balance on your loan will become due.

NOTICE OF INTENTION TO FILE A DEFAULT WITH THE CREDIT REFERENCE AGENCIES

This letter will serve to provide you with notice of our intention to register default information with the credit reference agencies. If we do not reach an agreement with you within the next 28 days to clear the arrears, this notice will become effective and a default shall be registered on your credit file with the effective notice date on or after 22nd November 2018.

Where a payment arrangement has been agreed within this 28-period if this is subsequently not maintained and the the arrears are 3 months or greater, a default will be applied to your credit record without further notice.

So.......they *finally* say that we're in arrears and a DF might be issued dated November, however, we've been in arrears for years. Does anyone have any experience of then complaining to the FOS to get this backdated?? Or, if the DCA can't issue a DF is there any point in fighting this with the FOS?

Also, what are the implications about the thousands of pounds worth of arrears that they maintain we'll still owe? The entire balance of £2,947.12 is arrears and we have 2 other accounts. I am terrified of bailiffs turning up because short of agreeing a new payment plan, we certainly can't pay them what they say we owe.

TIA for any help.

Bailiffs??

Does anyone have any experience of complaining to the FOS to get a DF backdated to when arrears actually happen (ie, 5 or 6 years ago)?? If the DCA can't issue a DF is there any point in fighting this with the FOS because what the end up reporting to the CRA will actually be incorrect?

Also, what are the implications about the thousands of pounds worth of arrears that they maintain we'll still owe? The entire balance of £2,947.12 is arrears and we have 2 other accounts and we've stopped paying them so presumably they'll continue to chase us.

If anyone has anyone ADVICE that would be great.

Helpful??

you want them, and have always wanted them .....to issue a default notice.

that was the whole idea of telling you to stop paying almost 6yrs ago now.it would be gone from your file had that happened then.

now if you can use this to your advantage is one big waiting game now.

let them issue it, let it get registered in the summary section of the debt [NOT the calendar]

then we'll look see if we can them persuade the FOS the date should be XXXX and this has thus caused detriment to your file being registered sooo late in the day.

ONE step at a time.

this will have to be played cute, as if yo push in the wrong way with the wrong argument, they could well turn around and state the DCA cannot default you and remove something you've taken 6yrs to get...

as for the balance, what that is made of, again is a separate issue that cannot be resolved until the default is.

Exactly dx,

This has got to be played very carefully

we need ALL the relevant information

I would once again ask for the info

requested in my post of June 1st

Stacks of useful info in the Idem SAR

really must see all letters between you

MBNA theFOS and Idem and all their replies

 

and the FOS final decision please

I will scan what I have. I assume not the pages of codes from their system which doens't really show anything.

you want them, and have always wanted them .....to issue a default notice.

that was the whole idea of telling you to stop paying almost 6yrs ago now.it would be gone from your file had that happened then.

 

now if you can use this to your advantage is one big waiting game now.

let them issue it, let it get registered in the summary section of the debt [NOT the calendar]

 

then we'll look see if we can them persuade the FOS the date should be XXXX and this has thus caused detriment to your file being registered sooo late in the day.

 

ONE step at a time.

 

this will have to be played cute, as if yo push in the wrong way with the wrong argument, they could well turn around and state the DCA cannot default you and remove something you've taken 6yrs to get...

 

as for the balance, what that is made of, again is a separate issue that cannot be resolved until the default is.

"let it get registered in the summary section of the debt [NOT the calendar]" - pls can you explain this? I don't have any control on how they do it.

We have received the (first) DF notice today.

It's so wrong of them to DF now "due to arrears" which have actually been accruing for 5 or 6 years - yet they only correctly DF after 5 or 6 years because I cease payments.

However, what worries me now, is the talk of court and judgement.

They state that the money will still be owed, which we can't pay

. Has anyone been in this situation before?

pdf letters.pdf

Eh? You want them to register a default!!

Now read post 245 carefully again

I realise that I want a DF (so that it eventually disappears unlike the years of AR markers) and hope that the same thing happens with the other 2 Idem accounts (1 appears to be in the process of, I haven't heard about the third one).

I did read through post 245 and asked the question about what the following means:

"let them issue it, let it get registered in the summary section of the debt [NOT the calendar]"

I still don't understand that part.

What's the calendar section and how would have control over that and where the DF gets put?

Aside from post 245, which I understand (apart from the calendar part), what worries me now, is the threat of court and judgement. Is this a normal letter? Obviously I'm worried because other than setting up some sort of payment plan AGAIN to clear these debts, there's no way we can pay.

You are getting way,way in front of any need to worry

Just let it get defaulted, post up the requested information

so we can see all the various complaint options

Could you also post up the CCA return for

this particular account please

the calendar section is where you've got the AP markers [each month till recent]..

you need to look at the status of the debt NOT the markers in the calendar

no-one bar you and the owner of the debt can see the calendar stuff

which CRA are you using..///?

the calendar section is where you've got the AP markers [each month till recent]..

you need to look at the status of the debt NOT the markers in the calendar

 

no-one bar you and the owner of the debt can see the calendar stuff

 

which CRA are you using..///?

I look on checkmfile. All debts are currently showing as "either the payment due wasn't made for 6 months, or the account is 6 months in arrears".

You are getting way,way in front of any need to worry

 

Just let it get defaulted, post up the requested information

 

so we can see all the various complaint options

 

Could you also post up the CCA return for

 

this particular account please

Here's the CCA again (if this is what you mean).

Unfortunately it's almost impossible to read.

cca1.pdf