Advice again please ( Idem)

Max_and_sasha · 3 June 2017 at 3:16PM

Hi everyone

I have started a new post as I didn't want to get my other one mixed up , hope that is OK

If you read my other post or gave me great advice I sent CCA requests to all my creditors, Idem have replied and state that they are unable to supply me a copy of my credit agreement at present and say until they do so the agreement cannot be enforced, but the balance is still outstanding and will continue to pursue this debt and will continue to contact me to discuss repayment proposals.

What do you think I should do? Should I walk away from this until they produce the CCA but what if they start charging me interest or put charges on the account or do I go for a low full and final amount, would they go for it , I think I probably know what I should do but just need some of your expert advice

Thanks

Max

sourcrates · 3 June 2017 at 3:23PM

If Idem have bought your account, which is likely, they cannot add further interest or charges unless the original agreement allows them to do so.

Depends what the debt was, if it was a running credit agreement, such as a loan, CC, or other CCA regulated product, they cant add anything else to the debt.

Normally in these cases you write back stating you arent going to pay, and thats usually the last you hear from them, they go away and concentrate on someone else.

Of course they may find your agreement, or come up with enough info to cobble together a reconstituted version, then again, they may not.

Up to you what you do really.

Max_and_sasha · 3 June 2017 at 3:47PM

Hi sourcrates

The debt is £600 can't remember what it was for

Part of me wants to walk away but would always worry they managed to find something, don't want to worry until it becomes statue barred, so I was thinking of sending them a full and final offer for 10/20 %
Is it worth a try or am I wasting my time and money

With the full and final offer letter should I include a letter saying I will walk away from this debt if they do not accept my offer until they produce the proper paper work, or does that sound threatening

Thanks

Max

Max_and_sasha · 12 June 2017 at 9:22PM

Hi everyone

Sent off offer to IDEM for £100 as full and final as account is unenforceable but was rejected, they offered me £40 of total balance, so I have decided to walk away from this debt until they produce a CCA

Do you think this is a wise decision?

Thanks

Max

sourcrates · 12 June 2017 at 9:49PM

Max_and_sasha wrote: »

Hi everyone

Sent off offer to IDEM for £100 as full and final as account is unenforceable but was rejected, they offered me £40 of total balance, so I have decided to walk away from this debt until they produce a CCA

Do you think this is a wise decision?

Thanks

Max

It is your right under the act.

Max_and_sasha · 12 June 2017 at 10:00PM

Thanks for the advice again sourcrates I really appreciate it, off all the cca,s I have sent of only one so far has had the proper cca but I expected then to have it as it's still with the original lender but they mentioned partial full and final settlement, I ask what they would except but they said I had to offer them something then they would consider it but I am not in the position too sadly. And another of my creditors is for a overdraft which doesn't need one

Max

Max_and_sasha · 25 October 2017 at 8:08PM

Hi everyone

Idem finally sent me my original cca ( or I think it is ) but it is all blurry and can not make out the writing on it very clearly. They phoned me requesting I set up a payment plan with them but I asked for a clearer copy of my cca but they have admitted that they cannot produce a clearer one as it's the only one they got sent from the original creditor, they have however offered to sent me a reconstructed one the only thing that would be missing is my signature.

I have a few questions I am hoping you lovely people can answer for me

1. Is a recon cca acceptable. This agreement dates back to 2002. The guy from idem blamed the age of the cca for being it so poor
2. I have not made a payment on this account since I cca,d them in may this year so nearly 6 months, am I right to think this cca would not stand up in court as if it did they would have tried to get a ccj out against me

I hope these questions make sense

Thanks

Max

Max_and_sasha · 26 October 2017 at 7:12PM

Hi anyone got any thoughts on what I should do

Thanks
Max

sourcrates · 26 October 2017 at 9:04PM

Recon CCA is acceptable yes.

If they can send you a recon, then they will have complied with your request.

Max_and_sasha · 27 October 2017 at 9:11PM

Hi sourcrates

Thanks for your reply, in all honesty I can't see how they can send me a recon when it's practically impossible to read it but I will wait and see, I thought it must have my signature on it sim centre it was pre 2007, just a side note they were calling me upto 3 times a day of which I complained about and they said that rhea can phone me once between 8am and 12pm once between 12pm and 5pm and again between 5pm and 9pm, surely this is harassment?

The complaint I raised about it being harassment he tried to solve with me over the phone but I am escalating it further up the tree, I have complained about the volume of Calls and the lack of a readable cca, seemingly they have 8 weeks to resolve my complaint but I won't hold my breath

Hope this helps someone else

Max

sourcrates · 27 October 2017 at 10:48PM

Max_and_sasha wrote: »

Hi sourcrates

Thanks for your reply, in all honesty I can't see how they can send me a recon when it's practically impossible to read it but I will wait and see, I thought it must have my signature on it sim centre it was pre 2007, just a side note they were calling me upto 3 times a day of which I complained about and they said that rhea can phone me once between 8am and 12pm once between 12pm and 5pm and again between 5pm and 9pm, surely this is harassment?

The complaint I raised about it being harassment he tried to solve with me over the phone but I am escalating it further up the tree, I have complained about the volume of Calls and the lack of a readable cca, seemingly they have 8 weeks to resolve my complaint but I won't hold my breath

Hope this helps someone else

Max

Hi,

There is no requirement for a signature on a credit agreement from any time period.

One of the major differences in the 2006 changes (implemented 2007) was the repeal of Section 127 (3)

3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

So pre~2007 agreements must contain the prescribed terms in force at the time of signing, from April 2007, that no longer applied.

Advice again please ( Idem)

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free