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  • FIRST POST
    • spaniel101
    • By spaniel101 11th Jun 17, 3:29 PM
    • 6Posts
    • 0Thanks
    spaniel101
    8 years AP, no Default Notice, ? CCA
    • #1
    • 11th Jun 17, 3:29 PM
    8 years AP, no Default Notice, ? CCA 11th Jun 17 at 3:29 PM
    Hi
    Please could anyone offer advice on the following issue?
    I have a long standing dispute of 2 accounts since 2009 (entered DMP) with MBNA to Moorgate to currently with Idem totalling approx £4000. Over the years I've missed about 9 payments. Ive SAR'd all and got some info but not all. None have thus far issued a formal Default Notice (Moorgate did in Dec 13 but didn't go ahead with default). I have a current complaint with the FOS awaiting ombudsman review of the first account (haven't complained about the second yet). There is numerous data on my CRF which is incorrect.

    I discovered there was no Default in Sept 2016 when looking at my CRF and thus complained. I have since stopped paying Idem due to this issue. (They have previously said to an Adjudicator if I didn't pay for 3 months this would reignite the old Default from Dec 2013, Idem haven't followed through with either).

    Is there any worth in my doing a CCA to Idem? I have previously acknowledged the debt in correspondence with them and they have sent me a copy of that letter indicating my acknowledgement of the debt, so Im figuring its not worth CCA at the end of the day. I am wondering if they are just not Defaulting the accounts....because they legally can't? They are perhaps just not telling me this.

    I'm really at a crossroads with this and not sure where to go next. Given i've stopped paying, is it just a case of waiting 6 years to see if they issue court proceedings or not?

    Personally, I would much rather just get on with paying the debt off but I feel I am being put in an awkward position them having not Defaulted the account I've been overall paying for 8 years now having divorced all that time ago. I would very much like to clean up my credit report but they are stuck on there with No6 markers for eternity. Step Change have also dropped me like a hot brick as I had halted payments during this dispute.

    If feel like im being dangled over a cliff edge by Idem, probably for the next 6 years which is just so unfair as I had naively expected (along with paying) that this would have come off my CRF 8 years down the line.

    Idem also have added this 1 account balance onto the other account balance (the second that Ive not yet complained about) on my CRF!

    Its all such a stress, any help would be much appreciated.

    Thank you in advance,
Page 1
    • zx81
    • By zx81 11th Jun 17, 3:38 PM
    • 12,745 Posts
    • 12,982 Thanks
    zx81
    • #2
    • 11th Jun 17, 3:38 PM
    • #2
    • 11th Jun 17, 3:38 PM
    Make a complaint with a view to asking them to apply a retrospective default. Better than stopping paying and maybe ending up with a CCJ.
    • spaniel101
    • By spaniel101 11th Jun 17, 3:46 PM
    • 6 Posts
    • 0 Thanks
    spaniel101
    • #3
    • 11th Jun 17, 3:46 PM
    • #3
    • 11th Jun 17, 3:46 PM
    This is what I asked for in my complaint of Sept 2016, which both MBNA and IDEM refused to do saying 'payments were still being maintained', hence I have now stopped paying. Its gone to FOS Adjudicator and awaiting Ombudsman review since February 2017. Idem have now inserted on their statements 'if you happen to pay MBNA in the meantime, this will appear on your account shortly' which is another load of tosh as MBNA sold the accounts to Moorgate then Idem wholly, so they know full well im not paying MBNA, they've just inserted this to confuse/spin matters even further. I just want to be Defaulted and pay what I owe.
    • zx81
    • By zx81 11th Jun 17, 3:51 PM
    • 12,745 Posts
    • 12,982 Thanks
    zx81
    • #4
    • 11th Jun 17, 3:51 PM
    • #4
    • 11th Jun 17, 3:51 PM
    It doesn't look like spin. 'If you pay MBNA' just lets you know that payments will be forwarded on.
    • dumpyboy
    • By dumpyboy 11th Jun 17, 7:33 PM
    • 365 Posts
    • 84 Thanks
    dumpyboy
    • #5
    • 11th Jun 17, 7:33 PM
    • #5
    • 11th Jun 17, 7:33 PM
    If it s any help look at my thread about mbna I had arrangement to pay on them with 6 used on monthly update, this was even used when one account was paid off in full. Like you went to fos was a total waste of time took nearly 3 years back and forth, went to the ico information commission they would not change it to default but made mbna use arrangement to pay as a special maker in the headline but each of the red 6 had to be changed to green and payments made as expected and marked settled no latter them 28 days after last payment.It changed my credit file overnight , before I did that I would have red 6 arrangement to pay on my credit file for up to 20 years
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