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DMP Mutual Support Thread - Part 12

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Comments

  • StopIt
    StopIt Posts: 1,470 Forumite
    Cassox wrote: »
    Hi.

    If I'm able to make the minimum payments on my debts would that exclude me from a DMP


    Lots more details required here.


    If you start your own thread with an SOA, people can advise you on your circumstances.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • Julie67
    Julie67 Posts: 2,362 Forumite
    1,000 Posts Combo Breaker
    Good Morning all,

    I haven't posted for a while as not much to report. Currently I have 4 debts that are unenforceable and 2 that we are paying token payments to, hoping for full and finals in the near future.
    My question relates to IDEM SERVICING, original debt was with Halifax.
    They have written and advised they can't comply with the request for original CC's. That letter was dated 10th July 2017. Since then they have written on the 10th July saying the money is still owing. I wrote back on 18th July politely informing them that I consider the amount to be unenforceable and until such time that they properly comply with the original request I will be making no further payments.
    Fast forward to today when I have received another letter requesting payment and saying the matter is urgent.
    Phew so my question is do I just continue to ignore, or send them a copy of my letter from July. Obviously I won't be paying anything until they comply. Has anyone had dealings with IDEM. What is there likely course of action if I ignore. TIA Julie
    Started Self Managed DMP 10th May 2017.
    Working hard to get rid of our debt.
  • StopIt
    StopIt Posts: 1,470 Forumite
    Julie67 wrote: »
    Good Morning all,

    I haven't posted for a while as not much to report. Currently I have 4 debts that are unenforceable and 2 that we are paying token payments to, hoping for full and finals in the near future.
    My question relates to IDEM SERVICING, original debt was with Halifax.
    They have written and advised they can't comply with the request for original CC's. That letter was dated 10th July 2017. Since then they have written on the 10th July saying the money is still owing. I wrote back on 18th July politely informing them that I consider the amount to be unenforceable and until such time that they properly comply with the original request I will be making no further payments.
    Fast forward to today when I have received another letter requesting payment and saying the matter is urgent.
    Phew so my question is do I just continue to ignore, or send them a copy of my letter from July. Obviously I won't be paying anything until they comply. Has anyone had dealings with IDEM. What is there likely course of action if I ignore. TIA Julie


    I can't see any harm with sending a letter re-stating that.


    They know they cannot start legal action, but there's nothing much stopping them from asking. On the same token, there's nothing stopping you from telling them.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I might also remind them of what the FCA says, in that:

    https://www.handbook.fca.org.uk/handbook/CONC/13/?view=chapter
    (4) The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • sourcrates
    sourcrates Posts: 31,786 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    StopIt wrote: »


    They know they cannot start legal action,

    Actually they can, and the devil is in the detail here, so I think its best to clarify, they can start legal action, what they cannot do is obtain judgement against you.

    On receipt of a claim form, people panic, and to avoid what they thought was avoidable, either pay the debt, or make arrangements to do so.

    This is just what the creditor wants you to do.

    Its very important to make them aware you also know the letter of the law, so they will think twice about starting a claim.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Julie67 wrote: »
    Good Morning all,

    I haven't posted for a while as not much to report. Currently I have 4 debts that are unenforceable and 2 that we are paying token payments to, hoping for full and finals in the near future.
    My question relates to IDEM SERVICING, original debt was with Halifax.
    They have written and advised they can't comply with the request for original CC's. That letter was dated 10th July 2017. Since then they have written on the 10th July saying the money is still owing. I wrote back on 18th July politely informing them that I consider the amount to be unenforceable and until such time that they properly comply with the original request I will be making no further payments.
    Fast forward to today when I have received another letter requesting payment and saying the matter is urgent.
    Phew so my question is do I just continue to ignore, or send them a copy of my letter from July. Obviously I won't be paying anything until they comply. Has anyone had dealings with IDEM. What is there likely course of action if I ignore. TIA Julie

    I have 4 open accounts with IDEM. Generally, they are ok to deal with but my advice would be to call them and talk through your situation. I tried dealing with them by email/letter and it was generally unproductive.
    August 2011 - Total Debts - £47,352.12
    November 2018 - Total Debts - £0:beer:
  • Hi julie

    I am also in a similar position to you, I actually got my cca through but it was a poor copy and they have admitted that it is the best they can get, ( see my thread)but are still looking for me to pay them, I am just ignoring then until they produce a clear copy , if they ever do, I think you should do that as well

    Max
  • Hello folks,
    Been following forum for a few years. Due to past few years of OH being off sick then me losing job after 10y, on dole, 3 months in job that didn't work out, back on dole and now on a contract for 6-12 months finally bit the debt bullet and done Stepchange. :j At last I can relax. Looking forward to new challenges and experiences in a new journey.
  • Just a quick question if there's anyone about who can help please.

    Just been going through my paperwork and have discovered a letter from Santander about my Asda credit card that they issued. The letter dates from early 2014 telling me that the account has been assigned to New Day. I realised New Day had taken over the collection of payments, that's who I've been paying although Santander seem to still be the bank that money goes to. I can find no trace of a letter from New Day but it's a miracle I still had the Santander letter after all this time:o


    What confuses me is whether New Day is just collecting the debt on Santander's behalf (as I always thought) or whether New Day actually bought the debt and now own it.


    The letter from Santander said:

    ' From 1st April 2014, Santander Cards UK Ltd will assign all of its respective rights, title and interest in respect of your card (including the outstanding balance) to Newday Ltd.

    This change will have no effect on the way you use your account, and means that New Day Ltd will be the card issuer from that date and responsible for managing your account
    '


    All advice very welcome:beer:
  • selinek
    selinek Posts: 74 Forumite
    Part of the Furniture 10 Posts
    Hello you lovely people. I have been reading previous post ( currently on page 82!) which have given the boost to go self managed:j

    Spoken to SC , now I’m going to write to my creditors informing of change. Told by SC the door is still open to go to them for advice. Wasn’t expecting that but nice all the same


    CCA REQUEST all ceditors I have one enforceable Agreement with capital One.

    One DCA westcot asked me to write CCA to OC which I have done.

    NO response from link they have 3 accts. planning F&F at some point but I’m not making any rash decisions

    Had two CCA back ,had them checked they are unenforceable. Not sure how to handle these because they think they’ve complied.

    One DCA , Arrow admitted Agreement is unenforceable but still expecting to be paid. Plan F&F too again will decide when

    All have defaulted and dropped off my CR a while ago.

    Just wondering Those I’m not paying can they report to CRA about none payment ?

    Is it a good idea to send self managed letter to the two who have responded to buy me time in deciding my next move with them?

    Thanks guys this forum is awesome :T
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