Idem confuse me

Lz?Kithra

[FONT=&quot]I found myself in financial difficult back in 2004, although all the financial obligations date from prior to that, and I have been making small repayments to each ever since, which the CAB helped me to arrange. Even when requesting copies of the CCAs I did not stop any payments. I was hoping that the CCAs might show if I had been charged PIP or not. I am in any case chasing up the PIP via Resolver.[/FONT]

[FONT=&quot]I applied to each debt collection agency under the Consumer credit act sections 77-99 via a template from money saving expert. I sent the requests (and the fee) on 9th February 2018. All except one, Link Financial, have either at least acknowledged receipt of my request or sent the information.[/FONT]

[FONT=&quot]However, I am confused by the current reply from idemservicing as the agreement copy they enclosed is titled Application Form and, I note, it’s for a Bank of Scotland credit card but obtained by the old TSB bank. Apart from this, and the fact that their covering letter only mentions my request being under Section 77 of CCA, the only other information they sent was a statement of my payments from 2008 to the current date. They also stated that the debt was once again enforceable. I should like to upload a copy of the application form but I'm afraid I have no idea how to get it from my hard-drive onto here.
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[FONT=&quot]This debt, along with all the others, has been passed to various different collectors over the years, and I have no idea why idem only go back to 2008 even though they were not the collectors at that time.[/FONT]

[FONT=&quot]So, I have a couple of questons. A) is just sending me the copy of the application form an acceptable response; and should I contact Link again, or if not then what would be best to elicit a response from them?[/FONT]

[FONT=&quot]Many thanks for any replies.[/FONT]
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sourcrates

Hi,

Sometimes we move posts if we feel they will get a better response elsewhere.
So i have moved your post to a new thread.

Lz?Kithra

Thank you, but please could you tell me where you've moved it to? Being new here I still haven't quite managed to find my way around yet, although I'm sure it won't take me long.

sourcrates

Lz?Kithra wrote: »

Thank you, but please could you tell me where you've moved it to? Being new here I still haven't quite managed to find my way around yet, although I'm sure it won't take me long.

Ha ha, you've just replied to me, so you must of found it :rotfl:

Same forum, just click on your username, scroll down to "find all posts" click on that link, it will be there.

sourcrates

Lz?Kithra wrote: »

[FONT=&quot]So, I have a couple of questons. A) is just sending me the copy of the application form an acceptable response; and should I contact Link again, or if not then what would be best to elicit a response from them?[/FONT]

[FONT=&quot]Many thanks for any replies.[/FONT]
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Ok,

Lets try and sort you out.

Way back when, late 90`s/early 2000`s some credit card providers application forms also doubled as a credit agreement, but these were very few in number i seem to recall.

It would be helpful to see a copy of it, have you tried hosting it on Photobucket ?

Are all your details on the form, name address, (a signature is not required), does it include the prescribed terms applicable to the account, for example, the credit limit, the date and amount of any repayments, the interest rate applicable, amount of any default charges etc etc, without that information, it would not be an enforceable agreement.

Lz?Kithra

I have finally worked out how to use Photobucket but trying to post this I see that I'm not allowed to post a link as I'm a new user. How many times do I have to post before I can add the image for you to see? I'm not sure I can see some of the items you mention and, as I originally wrote, nothing else came with this apart from the statement of account.

I got a different CCA copy from Idem for another debt I owe and that came with pages and pages of the conditions etc: That one was taken out in 2001, but this Bank of Scotland one was taken out in 1998 via the TSB bank.

Thank you for your help, and are you able to advise me what I should do about still hearing absolutely nothing from Link Financial?

Lz?Kithra

I've just sent the link to the copy via a private message, so I hope you'll be able to see it.

sourcrates

Lz?Kithra wrote: »

I've just sent the link to the copy via a private message, so I hope you'll be able to see it.

What they have sent you is a copy of your original application form from 1988.

This does not constitute a credit agreement, so does not comply with sec 77/79 CCA 1974.

It does not contain any financial details whatsoever, no prescribed terms at all, just the fact that these are missing, from that time period, makes the debt unenforceable (already ruled on by a court), they will be well aware of this, so are either incompetent or are deliberately attempting to deceive you.

Lz?Kithra

Thank you for such a quick reply, and I'm glad you were able to see the copy. Perhaps a typo but it was 1998 not 1988, LOL, which I hope doesn't make any difference. Anyway I will write to them and point out what you said. Is there a template letter that might cover that? And, to show willing because I have a conscience about it, I will continue to make the payments until I hear back from them. Is there a link to the case judgment where the fact that they didn't enclose any other information made it unenforceable?

Finally, if it is unenforceable and I do stop paying, could they at some point a long time from now find the rest of the information they should have enclosed and enforce the debt again?

I'll check back tomorrow as I'm about to log off for the day now.

sourcrates

Lz?Kithra wrote: »

Thank you for such a quick reply, and I'm glad you were able to see the copy. Perhaps a typo but it was 1998 not 1988, LOL, which I hope doesn't make any difference. Anyway I will write to them and point out what you said. Is there a template letter that might cover that? And, to show willing because I have a conscience about it, I will continue to make the payments until I hear back from them. Is there a link to the case judgment where the fact that they didn't enclose any other information made it unenforceable?

Finally, if it is unenforceable and I do stop paying, could they at some point a long time from now find the rest of the information they should have enclosed and enforce the debt again?

I'll check back tomorrow as I'm about to log off for the day now.

Some info here :

https://www.mishcon.com/assets/managed/docs/downloads/doc_2412/BBA.pdf

The relevant section of the consumer credit act was repealed in April 2007, and no longer applies to agreements taken out since that date, however, it does apply to agreements made prior to that date (inc yours) what they have sent would just about pass muster today for a later agreement, but not for one from 1998.

Making payments is possibly a mistake as they have no incentive to reply to you whilst you are paying, if they cannot produce whats required now, its highly unlikely they will be able to in the future.

Lz?Kithra

Once again thank you so much for your help. I will write to them today pointing out that they have not provided enough information to enforce the debt.