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FOS made his decision in favor of MBNA - can I do anything?

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Hi guys,

 

I actually had a very quick reply from the FOS.

Less than a month after I made a complaint I had the answer

- not the one I wanted but the service was quick, professional and the guy was extremely easy to deal with.

 

My complaint was re MBNA.

I took out a credit card in 2006

- fell into arrears in 2009

- finally came to an agreement with them in 2010.

 

I maintained the arrangement to pay and then they sold the debt to IDEM in 2012.

Due to serious illness, I couldn't keep payments up with IDEM and now pay them 15 per month.

Arrears are 9144 on 10310 balance.

 

I wrote to MBNA to tell them I believed that they should have put a default on my file

- they said no they didn't have to as our "relationship didn't break down."

 

I disagree but the FOS agree with them.

He quotes the ICO guidelines saying the customer relationship is paramount.

He said MBNA treated me fairly, agreed on a reduced repayment plan (200 pm ) and therefore no need for default.

 

I explained I believed IDEM cannot put default on the file as they are not an original creditor

- is that correct as he was under the impression they could if I broke the terms.

 

My credit file is a mess, it shows more than six months in arrears with AR even though I have kept to the AR I made with them.

 

So can I do anything now?

I don't have ten grand.

I could increase payments but how long with the AR remain on my file?

Also, could I ask them to accept payments of 200 pm now and capitalize the arrears - like a new loan?

 

Do you think I could argue anything with the FOS.

Obviously, if I had stopped payment in 2010 instead of trying to do the right thing, the debt would have fallen off my file.

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who agreed. the adjudicator or the actual ombudsman


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The investigator is what his signature says.

investigator | Financial Ombudsman Service

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You have the right to reject the Ombudsman's decision I did on my complaint as I wasn't happy with it.

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you have the dreaded AR markers

they don't go away and kill credit for almost 12 yrs.

 

there are sadly numerous threads here regarding MBNA and these AR markers

there are some successes.

 

under the ICO rules at the time

an account should be defaulted within 3-6mts of the missed or short payments.

 

did you actually write to mbna asking them to retro enter a default

them atleast it wont show on your crdit file?

 

dx


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