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Letter threatening litigation.
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Charlie1971
Posts: 2 Newbie
Hi apologies for the length of this post. I have some questions that I would be very grateful if any would could help with.
My partner who has a diagnosis of Bipolar ran up a series of debts during a period of mania and sectioning in 2012. Due to financial pressures we defaulted on all our debts. My credit default is cleared in Jan 2020 which is a huge relief. My partners debts (credit card and bank loan) appear to have mainly been written off as they do not appear on his credit file and we wrote several times to all creditors explaining the situation, providing medical proof and requesting that the debts be written off. However one debt is listed on his credit file. This is to idem servicing (the original debt shows on his credit file as 3437). IDEM have recently sent a letter stating that they are reviewing my partners account for potential litigation. The initial default on the loan shows on his credit file as early as 2014 but the final default was not registered untill March 2016.
We really do not want a CCJ against my partners name paticularily as we are close to resolving our debt issues. We are not in a position to pay the debt. I have two questions if anyone is able to help?
1) what should we do in response to the letter threatening potential litigation?
2).We need to be able to renegotiate our mortgage as it's interest only at the moment. Obviously.cant do.that with a credit default on my partners file. Can and how would we argue with the credit card debt that actually the default started in 2014 and not 2016 thus the credit default would be due to be removed next year?
Many Thanks in advance.
My partner who has a diagnosis of Bipolar ran up a series of debts during a period of mania and sectioning in 2012. Due to financial pressures we defaulted on all our debts. My credit default is cleared in Jan 2020 which is a huge relief. My partners debts (credit card and bank loan) appear to have mainly been written off as they do not appear on his credit file and we wrote several times to all creditors explaining the situation, providing medical proof and requesting that the debts be written off. However one debt is listed on his credit file. This is to idem servicing (the original debt shows on his credit file as 3437). IDEM have recently sent a letter stating that they are reviewing my partners account for potential litigation. The initial default on the loan shows on his credit file as early as 2014 but the final default was not registered untill March 2016.
We really do not want a CCJ against my partners name paticularily as we are close to resolving our debt issues. We are not in a position to pay the debt. I have two questions if anyone is able to help?
1) what should we do in response to the letter threatening potential litigation?
2).We need to be able to renegotiate our mortgage as it's interest only at the moment. Obviously.cant do.that with a credit default on my partners file. Can and how would we argue with the credit card debt that actually the default started in 2014 and not 2016 thus the credit default would be due to be removed next year?
Many Thanks in advance.
0
Comments
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So there are two issues with the Idem debt - you feel the default date is not correct and they are threatening litigation.
On the first issue you write to them with evidence of the default and ask them to mark the credit file correctly.
On the second issue it sounds like this is not even at pre-action protocol letter stage - in your case I would send them a debt and mental health evidence form, completed with the help of a professional, and ask fr a write-off0 -
Yes that makes sense thanks. Sometimes it's hard to see the wood for the trees!0
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