Try and concentrate on whether /which debts have been legally assigned.....you may have received a Notice of Assignment or look at their begging letters...do they refer to our client or have they purchased the debt ...dont be too concerned with the agreements already provided just yet.

I don't actually recall any specific notice of assignments. However, I have all the CCAs and SARs and will beging working through it all after Christmas and once the DFs have been applied to my credit files, which should then show a clean record which was my main concern.

This is a quick update to anyone trying to fight to get their credit files cleaned up.

I have been trying to get MBNA to remove markers on our credit files which will, in theory, be there for years and years which is obviously a massive stress.

as a last resort, I complained to the FOS.

The first person at the FOS to review my complaint agreed with me

that 12 years+ is not a temporary arrangement as per the ICO's definition of what a temporary arrangement is.

And that they should have DFd the account years ago.

MBNA was sent this report.

Since my last post when I thought I'd finally 'won',

I thought that was it,

delighted that the FOS had upheld my complaint.

However, MBNA still refused to accept the FOS' decision to remove all the AP/AR markers!!!!

it was escalated to an adjudicator within the FOS.

This adjudicator has upheld my complaint again!!!

In her report, she details that this is not a temporary arrangement and that in fact, 12 years ago,

MBNA restructured the credit agreement and they have to now report that all payments are in up to date

MBNA now have 28 days to remove all these markers and to instruct the DCA that they have to report that the accounts are up to date and remove the AP/DM markers.

Not only that, but MBNA have to pay £600 compensation!!!!!

So middle finger up to MBNA for not following the ICO's giudelines.

I'd rather have had a DF so that the accounts no longer show on our credit files

(due to needing to apply for a new mortgage at some point)

but at least our credit files will be clean - FINALLY!!!!!

It's worth pursuing!!!!

If your credit file is in a long-term negative situation, it shouldn't be.

Many thanks for the update blondiegirl

Andy

when did MBNA ever follow guidelines?

They ride roughshod over all...

Congratulations!

Hi Blondigirl

I have read your historic post with great interest, as I myself are in the exact same situation as you unfortunately found yourself in with MBNA.

I have x2 accounts with original creditor MBNA to MOORGATE to IDEM now, from my 2009 debt management plan following separation, still not Defaulted instead showing AP markers...forever. I have thus far complained to all, FOS and ICO. I had negative Adjudicators response from FOS, but now await Ombudsman review. ICO have unfortunately supported MBNA. I have stopped paying IDEM since January 2017 but this has made no difference thus far. Ive received all copies of what they hold about me, 3 Default Notices were issued over the years, but they never went through with them, and i didn't receive any of them, none reported to CRA either.

I was wondering if it has turned out in a positive light that you intended since all your endeavours?. It does seem all exhausting at times but I keep seeing rays of sunshine. Step Change have just dropped me and told me to get back in touch when all this is over with, when all I tried to do was the responsible thing and pay! I wasn't advised to hold back at any point but I have done it now since Jan. (Interestingly, since my complaint, Idem's statements now say....'if you pay MBNA anything in the meantime, this information will show at a later date' kind of thing!! Seems like a strange switch in tactics from them since I have always been lead to believe they owed the debt these days!). They just play me off in the middle!

I have a 3 y/o daughter, work full time and look after my 70 year old mum. I really would like to hope this situation won't hold us all back for much longer...but its like being in quick sand sometimes.

threads more than a years old and the OP hasn't been on cag since their last post

always best to keep to your own existing thread

and ask questions there

dx

We have £20k debts with Idem which originally came from MBNA.

I managed to get the AR/AP markers removed from our credit files under MBNA via a complaint made against them through the FOS.

The FOS even said that MBNA should pay us compensation.

However, as the debt was now under Idem,

I was told that I'd have to start a new complaint to get the markers removed from Idem's reporting.

The markers have been there for nearly 10 years which effectively has put our lives on hold.

Hoping that the FOS would do the same thing and tell Idem to remove these crippling markers with our 2nd complaint, the FOS actually now say that Idem is doing nothing wrong!

We can't move, we can't even think about a new vehicle and I'm at my wit's end.

Their 2nd decision contradicts what they said in our first complaint and doesn't make sense

- I pointed this out to the FOS who say they decision is final.

They said I can contact a solicitor who specialise in this.

My husband is the main earner and we know he's likely to have £2k worth of repairs to get his car through an MOT - we don't have this! We can't lease a vehicle because our credit files are poor.

So.....does anyone know if I can complain about AP/AR markers to anyone else now that the FOS have said 'tough' which totally goes against what they said the first time? Same scenario. But totally different outcome

Secondly, has anyone had any luck with mortgages and/or leasing vehicles with a poor credit file because we can't go on with our lives like this any more. It's been 10 years and enough is enough - we're in complete limbo and would have been better off going bankrupt!

Thirdly, has anyone used a solicitor to look at these matters?

I really believe that the FOS are wrong and I can't believe that consumers who have done their best to pay off debts in full are allowed to be punished for the rest of their lives, yet someone who went bankrupt get away with it after 6 years on their credit files.

TIA for any help offered.

are you paying the fleecing DCA anything then?

dx

yes. through the CCCS/Stepchange. we've paid off over half.

then sadly the markers are correct then

we have had loads of successes here removing AP markers

BUT what you should have done is complained that a default was not registered by MBNA

not wanting the markers removed.

that way the entry by the fleecing DCA would thus now not show either. as the defaulted date would be outside of 6yrs?

oh and I hope you've sent idem a CCA request for each debt you are blindly paying them on?

doubt enforceable paperwork from MBNA exists if this is pre 2007 sign up?

dx

My original complaint *was* that MBNA default me/us.

The FOS didn't agree that we had defaulted because a new arrangement was made and the account was restructured.

So, the FOS said that MBNA should have reported correct, up-to-date markers

- which they then did.

However, the DCA are now reporting that we're in arrears

- I have complained that we have defaulted because we have not kept up with the agreement.

The FOS say that it's fine that the DCA report that we're in AR/AP forever more.

Now that the FOS have made their (incorrect imo) decision, I can't complain again and can only take legal action.

I feel like telling the DCA where to stick their money but I just want a clean credit score because it's killing us!

I have CCAd MBNA a long time ago and will look through what they sent.

Would the DCA have to have signed paperwork?

Our accounts were just a bulk load that Idem bought from MBA.

Thanks

Also,

if I CCA Idem and they can't provide any correct paperwork/agreement etc

(original credit card with MBNA was taken out 20 years ago),

then where does that leave me?

They're not going to simply write the debt off and clear my credit file are they?

Thanks

yes CCA idem...they might well not hold paperwork

they'll kill the payments

not sure on the credit file mind..

a DCA cannot default you

but ofcourse can mark the calendar

you need to address the fact that MBNA should have defaulted you on XX date regardless to using AP markers.

the ICO might be a good port of call too.

The FOS were very clear that we did not default with MBNA (much to my dismay).

The account was re-structured, a new agreement made and it was reported as being up to date (retrospectively) because it actually was.

Terms of a credit account can be re-structured once, which is what happened.

I agree with that.

We kept up with our payments and MBNA reported us as being up to date.

However, once it was sold to Idem, we couldn't keep up with the repayment amounts and as such, we are now getting the AR/AP markers

- it's like we've defaulted now, but obviously the DCA can't DF us.

I have quoted the ICO's guidelines to Idem and the FOS but this seems to fall on deaf ears!

It's hardly fair that someone declared bankrupt pays nothing, or little, off the debts,

yet get a clean credit score after 6 years, but we'll have these markers until retirement which is literally ruining our lives!!!!

So if Idem have no leg to stand on with the debt (if I get nowhere with a CCA) then what?

I'll still have this debt hanging over us???

but it would be unenforceable

did you get a notice of assignment from idem?

dx

So it could be unenforceable but still show on my credit file forever more?

Or could I then raise a new complaint with the FOS

(although I have effectively admitted owing the debt because I have already complained about the AP/AR markers)?

I'm not sure what I got from Idem 3 years ago,

but I know I had something because I called them and said I couldn't make the payments I'd agreed with MBNA due to hardship.

They said 'tough'.

Does having a 'notice of assignment' make a difference??

So it could be unenforceable but still show on my credit file forever more? possibly.

Or could I then raise a new complaint with the FOS

(although I have effectively admitted owing the debt because I have already complained about the AP/AR markers)? admittance is not the issue.

 

I'm not sure what I got from Idem 3 years ago,

but I know I had something because I called them and said I couldn't make the payments I'd agreed with MBNA due to hardship.

They said 'tough'.

Does having a 'notice of assignment' make a difference??

if they don't have it they cant mark your file.

Hi.

I have looked through my letters. I can't find an actual 'notice of assignment' or any letter with that header. However, that doesn't mean they didn't send it.

I've had various correspondence over the years and I know I must have had something through because I called them for help with reducing payments 3 years ago.

Surely they could just say 'we sent you a notice of assignment'? Or do I need to SAR MBNA and Idem to see what they have on me?

well it needs to exist in written format

else idem must remove all there entries as they don't own the debt

OK thanks dx100uk.

I can't find any copies in all the paperwork. Is this typical?

Should I SAR? Not sure where to go from now.

you need to force idem to prove you received such.

OK. Thanks.

Any suggestion on how I can do this?

im not a massive fan of sar's to fleecing debt buyers

but it might be the only way

I have been trying to get our credit files cleared up over the last 7 years and have made great progress with each debt except those with iIdem. We are now stuck with Idem reporting AR/AP markers. The FOS weren't interested so unless I can find a money tree, we will have a bad credit file until we die!

The only avenue I haven't challenged is whether there is a Notice of Assignment in existence for the debts with Idem. I have looked through all our paperwork, and cannot find these actual letters.

Has anyone had any luck trying to prove that a debt made not have been sold/transferred legally? I desperately want to prove that they have no right to report on this debt in such a damaging way.

Any suggestions gratefully received

Any ideas anyone? I'm really stuck to know what to do.......

try ICO if beyond the statute of limitaions periods