MBNA now Idem can't afford repayments want explicit consent re Data Protection

[lorri-croft]

Hello everyone,

I'm not sure if this is the correct place to post this...hope so.

 

I wonder if I share a story, if anyone can offer advice please.

 

9 years ago, due to illness and family tragedy, my husband got into financial difficulty.

Via the CCCS, token repayments to creditors were agreed an interest suspended.

Since then, payments have increased in line with affordability.

We have reapid a considerable amount, but still have a fair way to go.

 

I know some will say, 'why didn't you try to go the non-cca, unenforceable route'

but, all apart from one were helpful (I did get SD set aside re Arrow Global as they wouldn't play ball)

so did not want to pursue the fight with the others.

 

Fast forward to now and our circumstances have taken a turn for the worse and,

due to a reduction in income (husband self-employed and work slowed, loss of income due to ongoing health issues and hospital visits),

we can no longer afford the current repayment levels,

so we have written to the remaining creditors to explain the situation (and included an up-to-date I&E).

 

The one I would like to ask advice on is Idem.

ORIGINAL DEBT TO MBNA APPROX £7800

APPROX MBNA PAID £4400

APPROX PAID TO IDEM SO FAR £2000

 

Original Creditor MBNA agreed a repayment programme that, provided we kept to until they were repaid,

they would leave us alone (which they did).

 

 

We continued the payments, then in September 2012,

we were advised that they had sold the remaining debt to Idem Capital Securities Ltd,

but that the agreement would continue (which it did).

We began paying the same payments to Idem but, we cannot afford these now.

 

Idem has written (see letter C) saying that they need express consent to process the information in our letter and I&E,

either in writing or by a phone call. As we won't deal with any of this at the telephone, the signed confirmation is the only option.

 

DO WE HAVE TO SIGN AND RETURN THIS?

WHAT ARE THE IMPLICATIONS IF WE DO?

WHAT IF WE DON'T?

 

What we don't want is for them to 'get heavy' with us, because we can't pay what we can't currently afford.

If the repayment programme with MBNA was in place and a default notice never issued as a result (don't have one in file anyway),

when the debt was sold to Idem, did that terminate the account and could Idem take us to Court if we can't agree on continued repayments?

 

Any suggestions on how to proceed?

 

Thanks

 

 

Sorry, forgot how to attach copy letter, it's been so long since I posted on here!!

 

Think this should work. Didn't-too small, sorry.

 

Hoping this works. Can someone let me know if you can see this copy ok. If not, I'll try the other suggested method.

 

Stigman, Thanks for the response.

Yes we do have our own house (with equity, I'm afraid). You said send a CCA request (to Idem I presume). Is that n preference to a SAR (to MBNA)?

 

Also, do you know anything about the request to sign the 'express consent' letter and whether we have to do this in order for them to look at our chnge of circumstances/I&E?

 

I've got all the MBNA statements so I can look at them with regard to charges and a possible reclaim. How far can I go back?

[Stigman]

Hi,

 

First of all you pay what you can afford, if it is £1 per calender month then so be it.

 

Do you own your own house?

 

I know in the past you said you did not but because now your finances are at a stretch and every penny counts as well as your health send the CCA Request, Because these accounts were opened before 2007 then the originals must be produced along with certain other elements as well.

 

Only a Judge can request to see your I&E, but these do help in debt reduction letters to back up your financial status, however if you own your own property then the creditor may go for the easy route and try to get a charging order and then force a sell.

 

Go for the CCA request first.

 

Second, reclaim all charges and any PPI from the Original Creditors (regardless if the debt has been sold on).

Please reclaim these yourself for free, never use a reclaim Company, any questions on how to do this or if you get stuck along the way then please ask.

 

Stigman

[Stigman]

Hi,

 

Send the CCA request to whoever is chasing you, enclose the £1 Postal Order - Template Letter is here... http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

You do not need to sign the "Express Consent" Letter, Idem are duty bound by Law to follow the Data Protection Act so why they are asking you to sign so they can process your information baffles me.

 

With the MBNA Statements, their is no time limit so go right back to the Account was opened, you can claim for all charges including letter & telephone, late penalty charges and PPI if applied.

 

Stigman

Edited April 4, 2015 by Stigman
changed a "to" to a "by"

[Stigman]

I would not send the I&E yet, see what Idem come back with with the CCA request.

 

Stigman

[fkofilee]

Do you think they could attempt to use the signature to create a CCA if they sent it back?

[dx100uk]

send them a CCA request

£1PO leave it blank

don't sign anything

 

 

do that for all the debts thru CCCs.

 

 

dx