Idem servicing debt issue - complicated

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Hello everyone,
I've used the forums in the past but haven't been on for some time due to the stuff of life and also seemingly not having many issues with debt recently. However, things return to haunt us if not sorted properly so here's my situation. Sorry if it's long winded but i'm giving as much info as possible in the hope that someone can advise me.
I have a joint debt with the ex husband which was originally a secured Picture loan, then sold to Webb and now with Idem servicing who I believe are a DCA? In February 2012 the debt became unsecured when Webb agreed that if we sold the house, paying off the mortgage and partially settling the secured loan, they would remove the charge to unsecured on the understanding that if either of us took ownership of another home, the charge would go on to that property for the outstanding amount. In the meantime agreed payments were made on the now unsecured loan. We never bought another house and divorced in April 2017.
As the loan could not be paid off I wasn't able to get a Clean Break Order from the ex leaving us both severally liable. I asked that idem split the debt between us but they refused saying they would consider a settlement offer from either of us! Payments were made to the debt until January 2016 after which payments ceased due to the ongoing divorce proceedings and because a way forward could not be agreed.
So I now find myself trying to clean up my debt/credit with a continuing financial connection to the ex who is now remarried. The debt also remains on my credit files at 28k. No payments have been made for more than 2 years and I have not heard from Idem since asking them to split the debt, my last correspondence being in December 2016. On my credit file it says the loan started in 2007 which is when it was taken out with Picture. It shows no defaults although this sort of did happen as a payment arrangement was entered into with Webb and then Idem. The file just shows payments as late and on some credit files it shows as still being secured!

I live with my new partner in his house which he owns outright but I have no stake or claim on.
I'm wondering what I can do to get it removed from my file - why hasn't it dropped off? I've placed notice of correction requests with the referencing agencies to say it's an old debt and that it isn't secured but Idem refuse to budge. I think it's likely that there is no original CCA making it unenforceable. While I'm happy not to have heard from them I don't want to suddenly find they're taking me to court etc.
The ex has disappeared to Spain so they won't find him and I'm trying to start afresh with someone who has never had problem debts. My partner says is it worth stirring things up if I haven't heard but my point is it's still sitting there. I can't pay it off, not even half of it as a) I don't see why I should take full responsibility and 2) i can't afford it or get another loan for partial settlement as my credit score is still dire despite me managing my credit cards and short term loans well in recent years. I now have only small balances on a couple of credit cards and have cleared a small bank loan all of which should help my rating if it weren't for this huge 28k!
So I'm at a loss at to what to do to move forward. Do I request a CCA to see if it's enforceable? Then at least I'd know if it could go to court or not.

Please help! My divorce solicitor was no use as the debt is joint and couldn't be settled. I want this behind me.

Thank you for any support, advice or guidance

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  • BlondeG
    BlondeG Posts: 5 Forumite
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    Anyone??? :/
  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    Hi,


    How much was the original loan for, and when did you take it out ?


    Prior to 2008 loans over 25k were not CCA regulated.


    Just because you enter payment arrangements does not mean the account defaulted, unless you were sent a default notice, its likely it did not default, which is why its still showing on your credit file.


    Because you were paying the debt up until two years ago, its nowhere near statute barred, and they can pursue you for 12 years.


    Unfortunately the debt remains valid and you remain liable, along with your ex, because its a large amount of money these type of debts are not chased all that vigorously, they realise most people do not have 28k stuffed down the back of the sofa.


    If all is currently quiet, i would keep it that way, but eventually they will come calling again, and you will need a strategy to deal with the debt, the options most people use in these situations, dependent on circumstances, are either successfully asking the creditor to write off the debt (if they have no realistic way of ever repaying it) or going bankrupt, if you have no assets, that can be a good choice, as i said, its all down to personal circumstance.
    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
  • BlondeG
    BlondeG Posts: 5 Forumite
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    Thanks for replying. The last secured loan was taken out in 2007 with Picture. So they don't need to have a CCA in place to pursue the debt or take legal action? They ceased trading and the loan was bought by Webb. Pretty sure it defaulted but I have no proof of this. A DMP was put in place in 2009 and this is when payments were reduced. The house it was secured on was sold in 2012 and a chunk paid off with the rest becoming unsecured as previously stated. The ex has gone to Spain so unlikely they'll trace him so it will fall to me. I've said I'll take responsibility for half of it but not all of it, not that that makes any difference to them. If it was off my credit file it would help! I know it's no where near statute barred. Don't want to go bankrupt as I've worked hard to pay off other debts through DMP. This is the only one left. Can they apply for a CCJ for a joint debt? I'm just not sure what to do for the best. Do I start to contact them again and offer manageable payments? Cross as this makes me when the ex has done a runner.... I don't have a lot coming in at the moment but don't want things to get worse. Chances are I'll never be able to pay it off. Hanging over me like a huge weight.
  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    edited 22 June 2018 at 7:37PM
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    BlondeG wrote: »
    The last secured loan was taken out in 2007 with Picture. So they don't need to have a CCA in place to pursue the debt or take legal action? .


    How much was the loan for ?


    To be CCA regulated in 2007, the loan must of been under 25k, was it ?
    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
  • BlondeG
    BlondeG Posts: 5 Forumite
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    It was more than 25 and currently stands at 28:eek:
  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    BlondeG wrote: »
    It was more than 25 and currently stands at 28:eek:
    So will not be covered by the consumer credit act then, sadly.


    For now, I would sit tight and see how hard they pursue this in the future, if they look like taking enforcement action, then you would have to come to some arrangement with them.
    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
  • BlondeG
    BlondeG Posts: 5 Forumite
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    Anyone able to answer the CCJ issue? Given it!!!8217;s joint and the ex had !!!8220;gone away!!!8221; and they won!!!8217;t find him, how likely is it they!!!8217;ll apply for a CCJ when I!!!8217;ve had no contact from them in over a year? TIA
  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    BlondeG wrote: »
    Anyone able to answer the CCJ issue? Given its joint and the ex had gone away and they wont find him, how likely is it theyll apply for a CCJ when I;ve had no contact from them in over a year? TIA


    Anything is possible, a pre-action letter would be sent anyway, and your response would determine there next move.


    Unfortunately there is no way to determine what action a creditor may or may not take.
    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
  • Pandora1364
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    Why are they allowed to add interest when it has defaulted? (We had multiple default days to keep the debt alive on Credit Ref Agencies)
    What are the rules governing a sold-on Secured loan?
    Have you disputed it with the credit reference agency re inaccurate default information?) I did this with Idem and it doesn't show now. They still keep in touch of course, adding interest but not exercising their perceived possession rights; which would suggest they may not have after all.
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