Idem/hoist/lowell (2nd MBNA credit card) debt - lowell refund letter

[blondiegirl]

I have received a 'notice of assignment' letter from Hoist.

This debt has been sold to Hoist from Idem who purchased it from MBNA. 

My other MBNA card has lead to legal action from Idem so I was surprised to see this.

What do I do?

Ignore it until Hoist send a claim?

Thanks.

[dx100uk]

they must follow the pre action protocol first.

 

I suspect this is simply a large portfolio of debts that's been shifted around as deals are done.

you are also not the only one to report mass debt sale Idem to Hoist. recently.

 

dx

 

[blondiegirl]

cheers dx100.

 

I sit and wait and do nothing??

[blondiegirl]

I've now had a letter and an email from Robinson Way trying to arrange a way for me to pay off the debt.

 

I assume this is another DCA (on top of all the others) who will now start to bother me who should be ignored?

 

The MBNA card was taken out in 2005 and for which, I *think* a signed credit agreement exists - could this be a problem?? 

 

I didn't receive a notice of assignment from MBNA to Idem, and MBNA didn't default me, only Idem did when I stopped paying.

Idem2.pdf

[dx100uk]

robbersway are another trading name of hoist

[lookinforinfo]

The important thing for you is when was the last payment you made or when you last acknowledged the debt if ever. Even though you say MBNA didn't default you, you must have stopped paying them at some time before they passied the amount on to Idem. Do you know the timings of when you stopped paying MBNA and started paying Idem?

[HSBCandMe]

Aside from payments, what constitutes acknowledging a debt? 

[dx100uk]

 

payments might not in all cases

but written and signed letters.

but then again

we've never seen a case lost solely because one exists and was used.

 

[blondiegirl]

My worry about this account, is that there appears to be a signed credit agreement (attached previously).

With our other 2, there's only the application form.

 

Robinson Way or someone acting on their behalf, are calling daily now so I have blocked them.

[dx100uk]

but its not complete.

[blondiegirl]

OK, thanks dx100uk. I'll try not to lose faith  

 

So in the meantime, I do nothing, ignore the calls/letters and see what RobbersWay do?

[dx100uk]

is that all they sent as their CCA return?

 

if so ignore until/unless they get cohen's or one of their other desk nearer to the bog to send a letter of claim.

[blondiegirl]

I had a notice of assignment letter from Robinson Way, a letter from Hoist arrived, a few phone calls which I'm ignoring.

 

I can't remember everything Idem sent following CCA but the 'agreement' was amongst it.

[dx100uk]

well find it then.

there should have been pages of T&C's with your name/ad on the 1st page and a statement of account.

 

 

[blondiegirl]

In response to the CCA I sent 2 years ago:

 

Idem sent the 2 pages I've uploaded, a page printed out with some addresses on  and codes (internal data not stating much), and 3 pages of 'Terms and Conditions' dated 11/04 by the looks of it as well as a statement from October 2017. 

 

On the top of page of these T&C's:

 

Terms and Conditions

Please refer to your Credit Agreement for conditions 1, 2 and 3

 

which I assume is the page 2 of the uploads which I can't really read. 

[dx100uk]

As you know from your other mbna threads debt buyers fake stuff

 

So do the t&c's have your correct name and address for the time of takeout

And the correct date code in the little letters at the bottom for your agreement date?

[blondiegirl]

The T&C pages have no name, address etc on it at all.

The date at the bottom left says 'AB11/04'  - I presume November 2004. I signed the paperwork in April 2005. 

[dx100uk]

then blank rubbish from their filing cabinet not a copy of what was issued to YOU at the time

 

[blondiegirl]

*if* anything ever was issued.

 

They're calling daily now.  Ignoring them.

[blondiegirl]

On 06/11/2019 at 16:47, dx100uk said:

then blank rubbish from their filing cabinet not a copy of what was issued to YOU at the time

 

Do I just do as before and ignore everything until such time as they issue a claim?

[blondiegirl]

Hi all,

out of the blue, I have received a cheque from Lowell for £22 "in respect of an overpayment on this account".

£900 is showing as owed to Lowell, from idem which I think originated from MBNA.

I haven't paid them in maybe 2 years and they defaulted me 5 years ago, despite the fact that I defaulted the actual agreement with MBNA many years ago.

I am reluctant to call and ask in case any changes are made to my credit file - I desperately need the default to go and have about 12 months left.

Does anyone have any experience of this? Thanks.

[dx100uk]

cant change when the default and the whole account drops off on the defaults 6th b'day.

 

[blondiegirl]

It's a shame the dca didn't use the correct date so the information on my credit file is incorrect.

The default occurred years before whoever added it to my file.

I think it was with Hoist before Lowell and possibly Idem at some point.   

[dx100uk]

old and new threads merged.

a dca cannot issue a default notice.

if mbna defaulted you years ago and say via an sar to mbna you could get a copy of their DN then lowells can be amde to correct the cra file Default date.

dx

 

[blondiegirl]

A dca may not be allowed to to issue a default notice, but they do, or at least they change status on a credit file.

MBNA didn't ever issue a DN otherwise it wouldn't be showing on my file (the debt started about 10+ years ago). I was on a payment plan with MBNA years ago with the debt getting sold to a dca. The dca changed my credit file to dn 5 years ago. 

The debt has been passed from one dca to another it's hard to see who's done what.