GDPR Cookie Consent by SimpleServe Privacy Script IDEM 8 Years AP's, No Default Registered with CRA - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

IDEM 8 Years AP's, No Default Registered with CRA

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • IDEM 8 Years AP's, No Default Registered with CRA

    Please can anyone help with direct advice?

    I have a long standing dispute of 2 accounts since 2009 (entered DMP) with MBNA to Moorgate, to now 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 registering a Default).

    I discovered there was no Default in Sept 2016 when looking at my CRF and thus complained to IDEM / FOS AND ICO. 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).

    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 very letter from me in 2013 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 account....because they legally can't?

    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. I had naively expected (along with paying) that this would have come off my CRF 8 years down the line.

    Fast forward to today (21.09.17) 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 the 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!! (Though im sure I'd be a fool to complain!)


    So, the other original 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!!!! 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!!!!


    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 direct form of action it should take?


    Thank you in advance!



  • #2
    Bump Is anyone able to offer any further advice please? Thank you in advance for reading.

    Comment


    • #3
      Hi

      I can't give you a definitive answer to all of your questions, but I will offer a few thoughts..

      I would suggest that you follow up with Idem, following your letter of 22 August, pressing them for a reply (in writing of course). If they try to fob you off with misleading info, it can be used to further your complaint.

      As regards acknowledging the debt - As I understand it you have been making payments until January this year so you have, legally speaking, been acknowledging the debt up to that point anyway, so I think a letter from 2013 is not necessarily a big deal. I think it would be worth sending the CCA request letter as, without seeing a copy of a fully compliant agreement you are not in a position to properly adjudge your position regarding liability. You don't say when the account was opened, but if it was pre-2007 there is a chance that there could be a problem (for them) with the agreeement.

      I'm not fully au fait with what creditors should/can/do do as regards the CRF, but hopefully someone else will come along with further advice.

      Comment


      • #4
        Still Waving, many thanks for your advice, much appreciated for some clarity here as concerned about loosing my way in the shear frustration of it all.

        The account was opened in 1997 with MBNA who 'charged off' in 2012 and sold to Moorgate (without Defaulting). As soon as Moorgate received my complaint in Sept 2016, it was very swiftly sold to IDEM (although all part of the very same Paragon Group!). I receive statements every month for the other account that they have now Defaulted. but this one account full of No6 markers they never send anything, no paperwork, no chasing, just maximum damage to my CRF.

        I think you are right in that its likely they are aware the CA is UE, I will send a request. Presumably, either way enforceable / or not as the case may be, and I still don't pay, I sit back and await either Default / or a further 6 years of No6 markers until SB (I don't think they are ever going to Default this debt as I've kicked up such a massive stink about it ) . If this remains stalemated for another couple of months, I'll send a further complaint then to ICO perhaps.

        Your advice is much appreciated, if anyone else has anything valuable to add that I haven't thought of please help, thanks again, I can't tell you what this means to me and my family to be attempting to tackle this head on, this debt has disturbed me for let alone the last 8 years, but especially so in the last 12 months since discovering what they have done to my CRF, and I feel no further forward against them

        Comment


        • #5
          As regards sending a CCA74 request, use the template you can find on this site. Send it by recorded delivery, enclosing the £1 fee. Be prepared for a wait, and don't follow up on your request, just wait for them. .As and when they send any documentation you can send it to Niddy for an opinion as to UE, and depending on the verdict you will get plenty more helpful advice from the folks here.

          Comment


          • #6
            Following on from the above, I'd be really grateful if someone would mind taking a look at these CCA's I have received from MBNA 1996/1997 (which were contained within the SAR response) please to weigh up unenforcability. I don't believe these to be 'enforceable' but can anyone confirm my line of thought please, or offer your infinate wisdom to pick it apart, before i go on ahead?

            1. I have 2 accounts, but both CCA's contain the same account number (!) yet the seperate, and correct for each, credit limits.
            2. They both have my married name on and current address, both of which were different back in 1996/1997.
            3. No signitures or dates on. There is one copy of one accounts postal application made by me with my then correct details and signature and date on.
            4. The terms and conditions are illegible, I can't even read them with my glasses on.
            5. Again even though these 2 CCA's have seperate credit limits, they each have only 1 (the same) account number, so there is nothing for the other one either?!

            Thank you very much in advance to all.

            Attached Files

            Comment


            • #7
              Hi

              As I said in my previous post (#5) - Email the documents (without blanking out any personal information) to webmaster@all-about-debt.co.uk. Niddy is the only person who will see this, and he can give his opinion as to whether or not these are enforceable documents. Title the email Springer101's CCA, and include a link to this thread.

              Comment


              • #8
                Apologies Still Waving, I'll send them straight to Niddy shortly, thank you.

                Comment


                • #9
                  Confusing isn't it seeing these documents but you are forgetting that the SAR is between you and the Original Creditor the information that they hold on you! This information isn't known to IDEM.
                  Now as for the documents you have attached these are NOT a response to a S.77/78 CCA Request (plus £1) and can be noted (for yourself and own records) but ignored.

                  Wait until IDEM respond to your S.77/78 CCA Request (including £1) and then send unredacted copies of what IDEM send to Niddy
                  webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Thank you Roger, understood.

                    I had conventiently ignored this since all of the above. Idem did end up replying to my 'mother of all letters' last August - eventually - in November!, following my final threats of FOS (again!), ICO (again!) and FCA (again!) under the CPUTR 2008 where by after my 18 month long complaint with them and FOS/ICO, they said they had suddenly realized their errors since (on my credit files), apologized with £100 compensation, and promptly removed both of these accounts from my CRF! So none of these accounts now show at all with all 3 CRA.

                    I have since received, only monthly statements for one of the accounts (which they've always sent), and absolutely nothing for the other account (which they have also always sent - nothing!), but recently have received desperado letters demanding I get in touch to resume paying them, but for only one of the accounts (the one I receive absolutely nothing on - ever!), alternatively, they are now sending the account onto... Resolvecall who will 'pay me a visit'. All sounds very fishy to me...best crack on with that CCA request to IDEM hadn't I.

                    Comment


                    • #11
                      yep I would
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      Working...
                      X