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idem help please

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  • idem help please

    Hi All i am looking for some advice. I had a credit card with mbna since 1995 around 2006ish i started struggling financially an with the help of the cab i set up debt management plans with all my creditors i have now settled with all of them except idem/mbna. Idem bought out the mbna debt a couple of years ago. i have tried to settle this with idem but they will only accept full payment i have also gone down the road of seeking the cca which i applied for at the start of October. Today i recieved a copy of the original application and credit card agreement the application was in the address i was in at the time i took it out and the credit card agreement is in my current address.
    I Have tried to attach the file i received today to see if i can get any advice. I have claimed back ppi and card protection on this ages ago
    Attached Files
    Tags: None

  • #2
    Re: idem help please

    Hi, Are ALL terms and conditions present i.e. those at inception and closure of the account?
    If this is an attempt at providing a reconstituted agreement I believe it fails on the point of the address on the "agreement" which must be that as at inception of the agreement/
    It would also fail if any part of the Ts & Cs through out the " life of the agreement is missing, there should also be any material amendments to those Ts & Cs.

    Comment


    • #3
      Re: idem help please

      this is all the paperwork they have sent me. the application is the original one i filled out at the time. the credit card agreement at the very bottom of the page shows 8 pages yet they have not sent page 1 of 8. i would also imagine that there are various t&c condition changed in the 19 years since i took this account out.
      What would be the next step with this ?

      Comment


      • #4
        Re: idem help please

        Originally posted by anm72 View Post
        this is all the paperwork they have sent me. the application is the original one i filled out at the time. the credit card agreement at the very bottom of the page shows 8 pages yet they have not sent page 1 of 8. i would also imagine that there are various t&c condition changed in the 19 years since i took this account out.
        What would be the next step with this ?
        Where do you want to go with this?

        Do you want to stop paying and let it go statute barred which may mean 6 years of letter ping-pong, or not as the case may be. I've got an MBNA card which I've not paid since Jan 2010, not heard a peep since Dec 2011. You just never know. :tape: :tape2:

        Or do you want to negotiate a full and final settlement at a reduced amount arguing that the debt wouldn't be enforceable in court due to the CCA issues? :decision:

        Comment


        • #5
          Re: idem help please

          i have tried to negotiate with idem they dont want to know they want full payment. i would happily negotiate at about 30% which is what all of my other debts accepted eventually but if they want to play stupid i dont mind that either. at the moment i am going down the cca route because they were not prepared to play ball not sure what the best route is really

          Comment


          • #6
            Re: idem help please

            Originally posted by anm72 View Post
            i have tried to negotiate with idem they dont want to know they want full payment. i would happily negotiate at about 30% which is what all of my other debts accepted eventually but if they want to play stupid i dont mind that either. at the moment i am going down the cca route because they were not prepared to play ball not sure what the best route is really
            How long ago did you attempt to negotiate with them?

            Do you want to go back to them telling them you dispute the account?

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            • #7
              Re: idem help please

              i have tried this and they say they will not negotiate they are totally inflexible

              Comment


              • #8
                Re: idem help please

                You have the option to either offer a monthly amount you can afford, bearing in mind that, as long as payments are made, the debt never goes statute barred or not pay anything and dispute the account on the basis that they haven't got a properly executed agreement and do this till it goes SBd. I can't tell you how easy it will be, it's largely a matter of luck. :decision:

                I've not heard from my creditors in years but others get regular hassle from various DCAs throughout most of the period, although most accounts tend to go quiet for extended periods of time. thumb:

                Comment


                • #9
                  Re: idem help please

                  Hi i have just recieved a letter from idem saying they are going to default the account as i have not paid anything for 6 months and they will get debt collection involved. i have had no contact since they sent me a copy of the agreement as in a earlier post. is there anything i should do now ie any other letters i need to send ?

                  Comment


                  • #10
                    Re: idem help please

                    Originally posted by anm72 View Post
                    Hi i have just recieved a letter from idem saying they are going to default the account as i have not paid anything for 6 months and they will get debt collection involved. i have had no contact since they sent me a copy of the agreement as in a earlier post. is there anything i should do now ie any other letters i need to send ?
                    This is not right, the account would have been defaulted by MBNA prior to selling it on, a debt CANNOT be defaulted twice!
                    Any default placed now would breach the ICO's guidance and could be easily challenged.

                    Please post a copy of the letter here after removing personal identifiers.

                    nem

                    Comment


                    • #11
                      Re: idem help please

                      The account was never defaulted it was under a dmp

                      Comment

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