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  • FIRST POST
    • catflap11
    • By catflap11 6th Feb 18, 8:43 AM
    • 77Posts
    • 35Thanks
    catflap11
    Unenforceable CCA
    • #1
    • 6th Feb 18, 8:43 AM
    Unenforceable CCA 6th Feb 18 at 8:43 AM
    Hi All

    I have two accounts with IDEM (previously MBNA all pre 2007) totalling 5,000. They were defaulted by MBNA before they were sold on and the defaults dropped off last May 2017.

    I have been paying a reduced amount of 50 per month but I have recently submitted a CCA request and IDEM have responded with (paraphrased):

    "Unfortunately we are unable to supply a copy of the Credit Agreement at present and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you...

    The balance of the account is still outstanding and we will continue to pursue this debt which will include registering any arrears and defaults with credit reference agencies. We can confirm that the balance remains due and we will continue to contact you to discuss repayment proposals.

    You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement"


    I have not yet cancelled my standing order but I had a couple of questions about the next steps:

    1) As they cannot register another default if I stop paying, what else can they do?
    2) is it worth offering a full and final settlement of say 100 to get them off my back forever?
    3) If I stop paying, will this affect my credit record?

    Many thanks in advance!
Page 2
    • catflap11
    • By catflap11 7th Feb 18, 2:08 PM
    • 77 Posts
    • 35 Thanks
    catflap11
    Idem took me all the way to court and it came to the final hearing and they asked for Tomlin orders and all sorts and I continued to ask for proof the debt was mine and at the last minute they halted proceedings because they couldn't offer proof.


    The letter said they ' reserve the right' to continue court action if the proof turns up but given it was going through the courts for 9 months and the debt was apparently signed for 16yrs ago its unlikely.


    I have asked Step change what I should do about stopping the payments to them and have yet to hear.
    Originally posted by BBH123
    Thanks for that, to be honest, if IDEM do produce a valid CCA I will just come to an agreement with them for repayment and look to negotiate a settlement at a later date. As a matter of interest, roughly how much would IDEM have paid for the debt? (i've heard it can be as low as 30p in the pound).
    • BBH123
    • By BBH123 7th Feb 18, 2:15 PM
    • 687 Posts
    • 1,296 Thanks
    BBH123
    Would it be worth reducing the amount you pay to 1 a month on the basis that it is unenforceable and by offering a token payment it is not to be seen as liability that you owe the debt and then come to an agreement later if proof is found.


    Yes they only pay pennies in the pound so take the risk that even if a few are enforceable they'll get their return.
    Save 12k in 2018 challenge #14
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    • January2015
    • By January2015 7th Feb 18, 2:17 PM
    • 2,092 Posts
    • 5,183 Thanks
    January2015
    As a matter of interest, roughly how much would IDEM have paid for the debt? (i've heard it can be as low as 30p in the pound).
    Originally posted by catflap11
    Debts are 'apparently' sold for peanuts, but debtors never know the actual (or even approximate) figure their debt is sold for. The general consensus seems to be as low as 10p in the through to 20p in the . It won't matter what they bought it for though, it will be what they believe they can get from you up to the full outstanding value
    DFW Nerd No. 1484 LBM 07/01/15 Debt was 95k I'm driving it down
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    • catflap11
    • By catflap11 12th Mar 18, 8:25 AM
    • 77 Posts
    • 35 Thanks
    catflap11
    Hi all, thought I'd give a follow up.

    IDEM have come back to me with details of one of the cards and supplied me with a signature page from the application in 2000 and a sheet of terms and conditions. They have said that they have fulfilled their obligations and the debt is now enforceable.

    Where can I check to see if the information provided has the prescribed terms and conditions? is there a definitive list of what should be enclosed to make it enforceable/unenforceable?

    thanks
    • fatbelly
    • By fatbelly 12th Mar 18, 8:53 AM
    • 12,344 Posts
    • 9,389 Thanks
    fatbelly
    See January's post#18
    • January2015
    • By January2015 12th Mar 18, 9:58 AM
    • 2,092 Posts
    • 5,183 Thanks
    January2015
    Hi all, thought I'd give a follow up.

    IDEM have come back to me with details of one of the cards and supplied me with a signature page from the application in 2000 and a sheet of terms and conditions. They have said that they have fulfilled their obligations and the debt is now enforceable.

    Where can I check to see if the information provided has the prescribed terms and conditions? is there a definitive list of what should be enclosed to make it enforceable/unenforceable?

    thanks
    Originally posted by catflap11
    See January's post#18
    Originally posted by fatbelly
    Please do not assume that just because they have supplied documentation that it will be enforceable.

    PRA / MBNA supplied me with absolutely everything and it looked enforceable to me. By that, I mean they supplied a copy of the signed application form, the T&Cs, copies of every transaction covering the whole period of the account (and that was at least 15 years). The amount of paperwork they sent us was huge. I honestly thought we were out of luck and it would be enforceable - well why wouldn't it - they even had a copy of my husband's signature on the application form for goodness sake.

    I was advised to visit All About Debt and ask the enforceability question on their. After following their advice and them taking a look at the application form and T&Cs - it was an immeidate and resounding UNENFORCEABLE

    They explained why to me. Not every case for unenforceability is the same, but needless to say that once they explained it to me, it was obvious why this particular debt was unenforceable.

    I never looked back. I did end up settling the account, but that was because it was my choice to have this dealt with and cleared on our credit report. I could have chosen not to pay it at all. I settled 12k for 1.2k and couldn't be happier with that result.
    DFW Nerd No. 1484 LBM 07/01/15 Debt was 95k I'm driving it down
    1k emergency fund (member #84) 1k/1k
    [COLOR=Blue][SIZE=2]
    • catflap11
    • By catflap11 12th Mar 18, 4:46 PM
    • 77 Posts
    • 35 Thanks
    catflap11
    Many thanks, I have spoken to All About Debt and they are looking at my agreement as we speak!

    From a layman's point of view however, despite them providing me with a copy of my original signed agreement, it does not contain any information in respect of the rate or the credit limit which I understand to be prescribed wording.

    I shall keep you updated
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