I can 'prove' that the markers shouldn't be there, but the FOS won't listen.

I can't challenge their final decision even though I know it's wrong.

I've challenged them on the phone, and when questioned, he wouldn't comment.

He went silent and wouldn't answer my question

- I know they've made a hasty decision and not listened.

And unlike others who have happily removed the markers, Idem couldn't care less!

They are utter (insert insult).

I have enough time to start gathering more info and will send CCA etc and stop payments.

But if we're running out of time (5-6 months), then I may have to offer F&F (but only if they agree to remove from the credit files otherwise there's no point).

And in the mean time, I have read the Guardian article with interest, thank you.

I am about to send Idem 2 x CCA and 2 x SAR letters.

I have 2 accounts with them, and my husband has 1. I gather I will need to send 2 x £1 to cover the CCA and 2 x £10 to cover the SARs. Does anyone know if I can one cheque for £22 to cover all of this, or do I need to get separate postal orders/cheques?

Thanks

You don't send dcas SARS!!

Plus you don't want them getting your SIG either

Which is why we say blank po's!!

Well that's confusing because theoldrouge advised exactly that - "CCA and SAR to Idem"! So why not SAR to a DCA? Surely I want to know what info they do, or don't, hold on me??

Good point about the signature!! It hadn't occurred to me that anyone would try and copy it!! Postal order it is then. Letters haven't been signed.

Always best to ask for advice, rather than read something which might be advice in particular situations.

DCA's generally don't hold much data on a debt. When they buy a huge number of debts, they just receive a spreadsheet containing basic information. If the debtor wants any info, the DCA has to contact the original creditor.

You would send a CCA to a DCA because you have a right under the Consumer Credit Act to request a copy of your agreement from the current debt owner. This statutory right is correct to make to the DCA as the current debt owner or assignee.

If you wanted copies of all data, you might send an SAR to the original creditors. Although this is not always necessary. If a DCA wants to enforce a debt against you in court, it is up to the DCA to prove you owe the debt and everything they said in their claim.

I was advised on another thread on here to SAR Idem, but it makes sense not to. I'll save the £10 ;-)

OK, so I'll send the CCA to Idem, thanks.

Could I expect to receive something different to the original credit agreement that I had with MBNA (if there is one)? All I've had from Idem was a letter a few years ago telling me that the debt was transferred from MBNA to them. I couldn't keep up with repayments at that time, and called them. They refused to help and said that they wouldn't re-structure an agreement (surely this is DF??) and they would show arrears mounting up due to my reduced payments. This confuses me, because I failed to keep to the agreement hence a DF. I requested a notice of assignment recently and they sent a freshly printed out letter which I don't recognise, nor have in my records.

I am tempted to offer a F&F because I will try anything to get our credit files repaired due to moving in 5 months. Suffering massively with these AP/AR markers

The CCA needs to contain the info you were provided with at the time you took it out. If they can't get a copy of the original, for the purposes of a CCA request, they can provide a reconstruction of the CCA using information they obtain. Of course if it ever want to court, then a reconstructed CCA makes it more difficult to enforce a debt in court. For a pre April 2007 CCA, they would need to provide an original CCA copy.

If you don't repay your debt in accordance with your agreement, they should default you issuing the DN. You might then come to a repayment arrangement, but that iis outside of the original agreement, but they can report to your credit record.

Get the CCA sent off and see what comes back.

I will send the CCA tomorrow. I took the credit card out from MBNA around 1994/95.

Thank you

Yet again BG you cause confusion by for the what is it...23rd time starting a new thread on the same subject were the reasons and the background is all in the existing thread...

So yet again, threads merged...

So after another wasted 7 Posts where each of you keeps hitting reply with quotes making the the posts twice as long...

The answer is yes send idem an sar

And as you are. Of disputing anything to do with enforceability you can use a cheque

Regards

Dx

Yet AGAIN you cause upset and anger with your criticism, nit-picking and general rudeness DX.

I a sorry that I am not as perfect as you and I am sorry that I am not an expert in the field of debt and finance as you are. I am sorry that I don't always post in the way in which you DICTATE. I am sorry that I don't follow your 'advice'. I am sorry that I am still fighting a battle 10 years on to sort finances out along with dealing with many other things in my life and am doing my best. I am sorry that I don't always understand your comments - you stated today that SARs are not sent to DCAs and now you tell me to do exactly that.

YOU may feel that I have "wasted" 7 posts - I disagree. I have had helpful people replying to me. Sorry that we are hitting reply with quotes (and??? what are they there for? They're useful) and I am sorry that I started another thread with a different subject, because it was technically a separate subject and keeps things to the point (imo). Perhaps reserve your advice for others. Please allow helpful people to offer advice to me. I don't need your insults thanks.

23rd time??? My God!!!!

Think so...

It wastes my time cause I advise when the info is already in your existing thread upon the reason you start a new thread each time...bookmark this one and keep to it for anything to do with the issue.

Just go back and note down the number of differing bold black titles at the top of every post in this thread from post 1 to now post 162

Each new title was the result of you starting a new thread,

That then got merged to the main MBNA ap one

Each time posters waste their time asking background questions that you answer when that info is already on the existing thread..and you blindly do it

Had me several times....

Dx

I am going to send the CCA and SAR off to Idem; one letter from me, one from my husband. I have bought the POs. Does anyone know if I leave them blank and uncrossed, or do I write them out to Idem (what a waste of £25.50!)??

Will await their unhelpful replies.........

Now go read the sar link

And

The CCA request link

And all the posts in each thread

Thanks.

I had read both links and adapted the templates accordingly.

I was on my way to school from work via the PO and had just bought the postal orders.

I had difficulty finding the links on the forum on my phone to check (I had simply forgotten) and didn't think it would hurt to ask because I didn't have time to get home to look on the PC

. I was hoping that maybe someone could have helped while I was out (a slim chance for a quick response but worth a try) More criticism for just asking a question!!

Well say that you couldnt access the info at the time and would will help

I sent the CCA and SAR at the beginning of October to Idem for the MBNA cards we had.

About a week later, I had acknowledgement of receipt of the 3 CCA requests. So far they have sent 1 signed copy of an agreement signed by my husband. It is the form that he completed and sent back in 2000.

It's not scanned very clearly (and I have to work out how to upload from a pdf) so I will type the wording out, but is there anything that should be on there in particular in order for this debt to be correct?

Thanks.

The form has the usual name, address, phone number etc. Then bank details.

The sections that follow are:

Payment Protection - ticked as 'no'

Principal Cardholder's request and declaration - Important Data Protection - all about how they can share information

Then in bold:

Please issue an MBNA Credit Card to me. I confirm that the information given is true and complete. I have received a copy of the and agree to be bound by the MBNA terms and conditions and I understand that I am responsible for paying any balances due on the Credit Card account. I understand that MBNA reserves the right to issue a Gold or standard card which will have a lower credit limit.

Then a right to cancel.

Followed by his signature.

On the reverse are a few sections about 'financial & related conditions' for the MBNA Credit Card which I will type out later.

read upload

Thanks

Attachment of original credit card agreement

cca1.pdf

that's an application form...

need a higher resolution scan please.

Yes and that's all they've sent recorded delivery. It's a very poor copy that they've sent and it's hard to read. But I can just about work out the wording which I will type out later for what it's worth.

not needed.

OK so where do I go from here? That's all they've sent.

still awaiting their sar are you not?