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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!
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!
Is anyone able to offer any further advice please? Thank you in advance for reading.
Apologies Still Waving, I'll send them straight to Niddy shortly, thank you.
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