8 years AP, no Default Notice, ? CCA

spaniel101

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,

[Deleted User]

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

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.

[Deleted User]

It doesn't look like spin. 'If you pay MBNA' just lets you know that payments will be forwarded on.

dumpyboy

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

spaniel101

Advice needed please. Update to this thread, FOS and ICO both replied, neither upheld my complaint. FOS sided with Idem, stating 'still had a relationship' as DMP/AP in place so therefore Idem have a right to report AP's. ICO stated same. I stopped paying these x 2 accounts to Idem in January 2017 on the back of this Adjudicators advice that Idem had given to her, in that if I stopped paying altogether, they would record the Original Default as October 2013, purely as it related to the current Arrears on the account.

Well, July 2017, they recorded a Default on my CRF......BUT on the other account....... that I'd not even gotten around to complaining about yet!! :mad: (Though im sure I'd be a fool to complain!)

So, the other account complaint I had with the FOS/ICO, still remains with AP's and I'm still not paying anything towards. Still.....they haven't Defaulted on CRF 8 months on.

Not only that, I've checked my CRF and they have now put info on about a DMP @ £14!!!!:mad: Which is simply not true.

I've written to Idem again, they wrote back saying...."we can confirm we are recording a default notice of 28.10.2013. If you have any further evidence this is not the case, please contact the CRA's!!!! :mad:

So.. I wrote a stinking letter back to them on 22.08.17, with copies of the untruthful CRF's and reminding them they have not recorded a Default on CRF's as they are well aware. They sent an acknowledgement letter and will respond when they have completed their investigations (yeah, right!).

Heard nothing since. I have reported this to CRA's, and they came back with the usual..."following investigations, we cannot correct until told to do so, Idem have advised us you need to contact their Customer Support directly". (no thanks - I am already awaiting Idem's reply to my letter 22.08.17!)


a) Do I send a chaser letter to Idem for a further response

b) Do I simply ask for a copy of the original CA, as they never send any statements to me, nor chase the debt at all (Moorgate did send a Termination of Agreement Notice in December 2013). I have the SAR and its not in there at all.

c) Do I simply go straight back to ICO with this now that I've stopped paying....and don't have a "relationship" anymore.... so they have to record a Default?

My ultimate goal is to clean up my Credit File. (whatever the outcome, I will pay this debt, but need it Defaulting first).

Any advice would be much appreciated as unsure which avenue at this point would be best and what form it should take.

Thank you in advance!

NB I have my suspicions they have both 2 accounts under 1 at their internal end - and have thus reported it as 'Defaulted' - but it was and is 2 seperate accounts, and there is 2 seperate accounts on my CRF, 1 Defaulted, 1 abysmal AP's. (I should give up second guessing them as they are a law unto themselves!!)

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spaniel101

Bump up...anyone please advise?