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    • Max and sasha
    • By Max and sasha 3rd Jun 17, 3:16 PM
    • 70Posts
    • 48Thanks
    Max and sasha
    Advice again please ( Idem)
    • #1
    • 3rd Jun 17, 3:16 PM
    Advice again please ( Idem) 3rd Jun 17 at 3:16 PM
    Hi everyone

    I have started a new post as I didn't want to get my other one mixed up , hope that is OK


    If you read my other post or gave me great advice I sent CCA requests to all my creditors, Idem have replied and state that they are unable to supply me a copy of my credit agreement at present and say until they do so the agreement cannot be enforced, but the balance is still outstanding and will continue to pursue this debt and will continue to contact me to discuss repayment proposals.

    What do you think I should do? Should I walk away from this until they produce the CCA but what if they start charging me interest or put charges on the account or do I go for a low full and final amount, would they go for it , I think I probably know what I should do but just need some of your expert advice

    Thanks

    Max
Page 1
    • sourcrates
    • By sourcrates 3rd Jun 17, 3:23 PM
    • 12,464 Posts
    • 11,858 Thanks
    sourcrates
    • #2
    • 3rd Jun 17, 3:23 PM
    • #2
    • 3rd Jun 17, 3:23 PM
    If Idem have bought your account, which is likely, they cannot add further interest or charges unless the original agreement allows them to do so.

    Depends what the debt was, if it was a running credit agreement, such as a loan, CC, or other CCA regulated product, they cant add anything else to the debt.

    Normally in these cases you write back stating you arent going to pay, and thats usually the last you hear from them, they go away and concentrate on someone else.

    Of course they may find your agreement, or come up with enough info to cobble together a reconstituted version, then again, they may not.

    Up to you what you do really.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Max and sasha
    • By Max and sasha 3rd Jun 17, 3:47 PM
    • 70 Posts
    • 48 Thanks
    Max and sasha
    • #3
    • 3rd Jun 17, 3:47 PM
    • #3
    • 3rd Jun 17, 3:47 PM
    Hi sourcrates

    The debt is £600 can't remember what it was for

    Part of me wants to walk away but would always worry they managed to find something, don't want to worry until it becomes statue barred, so I was thinking of sending them a full and final offer for 10/20 %
    Is it worth a try or am I wasting my time and money

    With the full and final offer letter should I include a letter saying I will walk away from this debt if they do not accept my offer until they produce the proper paper work, or does that sound threatening

    Thanks

    Max
    • Max and sasha
    • By Max and sasha 12th Jun 17, 9:22 PM
    • 70 Posts
    • 48 Thanks
    Max and sasha
    • #4
    • 12th Jun 17, 9:22 PM
    • #4
    • 12th Jun 17, 9:22 PM
    Hi everyone

    Sent off offer to IDEM for £100 as full and final as account is unenforceable but was rejected, they offered me £40 of total balance, so I have decided to walk away from this debt until they produce a CCA

    Do you think this is a wise decision?

    Thanks

    Max
    • sourcrates
    • By sourcrates 12th Jun 17, 9:49 PM
    • 12,464 Posts
    • 11,858 Thanks
    sourcrates
    • #5
    • 12th Jun 17, 9:49 PM
    • #5
    • 12th Jun 17, 9:49 PM
    Hi everyone

    Sent off offer to IDEM for £100 as full and final as account is unenforceable but was rejected, they offered me £40 of total balance, so I have decided to walk away from this debt until they produce a CCA

    Do you think this is a wise decision?

    Thanks

    Max
    Originally posted by Max and sasha
    It is your right under the act.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Max and sasha
    • By Max and sasha 12th Jun 17, 10:00 PM
    • 70 Posts
    • 48 Thanks
    Max and sasha
    • #6
    • 12th Jun 17, 10:00 PM
    • #6
    • 12th Jun 17, 10:00 PM
    Thanks for the advice again sourcrates I really appreciate it, off all the cca,s I have sent of only one so far has had the proper cca but I expected then to have it as it's still with the original lender but they mentioned partial full and final settlement, I ask what they would except but they said I had to offer them something then they would consider it but I am not in the position too sadly. And another of my creditors is for a overdraft which doesn't need one


    Max
    • Max and sasha
    • By Max and sasha 25th Oct 17, 8:08 PM
    • 70 Posts
    • 48 Thanks
    Max and sasha
    • #7
    • 25th Oct 17, 8:08 PM
    • #7
    • 25th Oct 17, 8:08 PM
    Hi everyone

    Idem finally sent me my original cca ( or I think it is ) but it is all blurry and can not make out the writing on it very clearly. They phoned me requesting I set up a payment plan with them but I asked for a clearer copy of my cca but they have admitted that they cannot produce a clearer one as it's the only one they got sent from the original creditor, they have however offered to sent me a reconstructed one the only thing that would be missing is my signature.

    I have a few questions I am hoping you lovely people can answer for me

    1. Is a recon cca acceptable. This agreement dates back to 2002. The guy from idem blamed the age of the cca for being it so poor
    2. I have not made a payment on this account since I cca,d them in may this year so nearly 6 months, am I right to think this cca would not stand up in court as if it did they would have tried to get a ccj out against me

    I hope these questions make sense

    Thanks

    Max
    • Max and sasha
    • By Max and sasha 26th Oct 17, 7:12 PM
    • 70 Posts
    • 48 Thanks
    Max and sasha
    • #8
    • 26th Oct 17, 7:12 PM
    • #8
    • 26th Oct 17, 7:12 PM
    Hi anyone got any thoughts on what I should do

    Thanks
    Max
    • sourcrates
    • By sourcrates 26th Oct 17, 9:04 PM
    • 12,464 Posts
    • 11,858 Thanks
    sourcrates
    • #9
    • 26th Oct 17, 9:04 PM
    • #9
    • 26th Oct 17, 9:04 PM
    Recon CCA is acceptable yes.

    If they can send you a recon, then they will have complied with your request.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Max and sasha
    • By Max and sasha 27th Oct 17, 9:11 PM
    • 70 Posts
    • 48 Thanks
    Max and sasha
    Hi sourcrates

    Thanks for your reply, in all honesty I can't see how they can send me a recon when it's practically impossible to read it but I will wait and see, I thought it must have my signature on it sim centre it was pre 2007, just a side note they were calling me upto 3 times a day of which I complained about and they said that rhea can phone me once between 8am and 12pm once between 12pm and 5pm and again between 5pm and 9pm, surely this is harassment?

    The complaint I raised about it being harassment he tried to solve with me over the phone but I am escalating it further up the tree, I have complained about the volume of Calls and the lack of a readable cca, seemingly they have 8 weeks to resolve my complaint but I won't hold my breath

    Hope this helps someone else

    Max
    • sourcrates
    • By sourcrates 27th Oct 17, 10:48 PM
    • 12,464 Posts
    • 11,858 Thanks
    sourcrates
    Hi sourcrates

    Thanks for your reply, in all honesty I can't see how they can send me a recon when it's practically impossible to read it but I will wait and see, I thought it must have my signature on it sim centre it was pre 2007, just a side note they were calling me upto 3 times a day of which I complained about and they said that rhea can phone me once between 8am and 12pm once between 12pm and 5pm and again between 5pm and 9pm, surely this is harassment?

    The complaint I raised about it being harassment he tried to solve with me over the phone but I am escalating it further up the tree, I have complained about the volume of Calls and the lack of a readable cca, seemingly they have 8 weeks to resolve my complaint but I won't hold my breath

    Hope this helps someone else

    Max
    Originally posted by Max and sasha
    Hi,

    There is no requirement for a signature on a credit agreement from any time period.

    One of the major differences in the 2006 changes (implemented 2007) was the repeal of Section 127 (3)

    3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

    So pre~2007 agreements must contain the prescribed terms in force at the time of signing, from April 2007, that no longer applied.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Max and sasha
    • By Max and sasha 3rd Nov 17, 9:21 PM
    • 70 Posts
    • 48 Thanks
    Max and sasha
    Hi everyone

    Just a update,

    Idem,s claim department got back to me today, they have partly upheld my complaint. They cannot supply a legible copy of the credit agreement , but while my account is unenforceable the balance still remains and that I am free to take whatever action in feel appropriate , ( I won't be paying them)

    So I small victory for me as in a previous letter they admitted they cannot get me a clear copy off my cca

    Hope this helps someone

    Max
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