Idem Debt Servicing

cdlne

Hi all,

Idem do not have a copy of my CCA Agreement the debt is over 6 years old and was already defaulted.  They have threatened to put default on credit file if I refuse to pay them.

Can they do this. I also made a generous offer to settle which they refused at 60%.

They are playing hard ball and I am unsure if there is anything I can do. The debt is years old and I have been paying them £100 per month for years balance is 3k. Thanks for any advice that is forth coming 

sourcrates

Hi,

As you have been paying this debt, it will not be statute barred for some time yet, if, as you say the account has defaulted once, it cannot do so again, if Idem chose to go down that path, it opens the way for an official written complaint, which you can escalate to the FOS and the ICO should you wish.

In the first instance you should write to them stating that as the account already defaulted on (insert date) it cannot default again, and that the re-recording of a default is in breach of GDPR.

You should further inform them that if it is recorded again, you will make an official complaint to Idem, and escalate the matter to the Information Commissioners Office if necessary.

fatbelly

So are you thinking of stopping paying them?

Was this a Consumer Credit Act debt? Like a loan or credit card?

Did you do a formal s77-79 request, in writing, with a £1 payment?

cdlne

Tsourcrates said:

Hi,

As you have been paying this debt, it will not be statute barred for some time yet, if, as you say the account has defaulted once, it cannot do so again, if Idem chose to go down that path, it opens the way for an official written complaint, which you can escalate to the FOS and the ICO should you wish.

In the first instance you should write to them stating that as the account already defaulted on (insert date) it cannot default again, and that the re-recording of a default is in breach of GDPR.

You should further inform them that if it is recorded again, you will make an official complaint to Idem, and escalate the matter to the Information Commissioners Office if necessary.

Thanks for the response its greatly appreciated.  The worry I have with them is that they state in the letter they can do it. I have money to pay them off but all the other debt companies have took a settlement while IDEM the one I've paid most off have come back with the letter confirmed they can put a default on my credit file and will further chase the debt. I have offered them 60% full and final settlement. I am now wondering should I go yp the ombudsman and see if they can do anything to get my offer accepted.