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MBNA - IDEM. Need the defaults removed but I've paid the debt!!!

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  • MBNA - IDEM. Need the defaults removed but I've paid the debt!!!

    Hi everyone,

    I've been a silent observer here for a while and discovered lots of tactics to challenge my MBNA debt with. I landed up in trouble with them late 2013, whereby my debt was sold to IDEM/ARDEN. I was paying them a steady £10/month on a £523 debt as I was scared!

    I applied for a mortgage with my wife in September last year, but was astonished to find that I had two defaults placed against me - one from MBNA and one from IDEM for the same debt. Although MBNA shows as sold on my CRA file, there's two defaults showing. I then did a search online and found your website. I've been challenging them since, using the Section 10 Notice to IDEM. After this they continued processing my card for £10/month for two further months.

    Since then, I've managed to get a mortgage at a huge rate, but on the condition that all debts were paid off. As a result I've been forced to pay off IDEM in order to get my only chance of a mortgage. I still want to fight them, but importantly I want my defaults removed! The money isn't really the issue to be honest, although I know it weakens my position to fight, I didn't really have any choice in order to get the mortgage.

    I recently sent a letter to MBAN for a copy of my original credit agreement, a signed copy of the original DN, and a copy of the Notification of assignment. The reply was simply that the account was sold, and that they have requested a copy of the original agreement, and that the other requests have been sent to the relevant purchaser (IDEM).

    IDEM still haven't responded to my return letter which clarified that they did not have permission to take any further payments, and that they still haven't satisfied the requirements of the Section 10 notice.

    Does anyone have a steer on where to go from here now that I've paid the debt off? I'm not sure whether to carry on gunning for MBNA and IDEM or either now as I don't feel like I'm going to have a leg to stand on since paying it off. Is there any chances of them backing down and removing the defaults if I carry on fighting it?

    Forgot to add - I took the credit card out in 1998 following a leaflet drop - you know - just sign here and the card is yours!!

    Sorry for the long post!
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  • #2
    Re: MBNA - IDEM. Need the defaults removed but I've paid the debt!!!

    HI, You do Not have two defaults, the credit file shows the original creditors entry and the debt purchasers update of the original.
    This shows the up to date conduct of the account.
    MBNA have no obligation to meet a CCA request.

    The card account was defaulted and sold by MBNA for late/missed/ceased payments I assume?
    Making the payments to Idem effectively is an admission of liability.
    Defaulted debts remain on credit files for 6 years from the default date when they are removed paid or not.

    Unfortunately there is no provision for removing correctly placed defaults because the default has been satisfied.

    I can't see that section 10 is going to assist as the data is/was being correctly reported.

    nem

    You might try asking for a gesture of good will from Idem as you have satisfied the default but there is no guarantee will happen.

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