Idem Servicing letter

jcorbygas · 9 July 2018 at 10:04AM

I have 2 debts with idem servicing. They are both enforceable. I sent income and expenditure details which showed that I could only afford £13 per month for one of them which I have duly started to pay.
However, they have now sent a letter enclosing statement of account and a pre-action information sheet.
This was quite intimidating at first sight - it seems as if it is proper pre court action information requirements ie you have 30 days to fill in and return this form - if you dont it could result in court proceedings.
From the form it looks like Idem have copied official court paperwork and put it on their own headed paper, which I thought they werent allowed to do?
They say in their own letter that although I am making payments to them the payments are not sufficient to repay the amount owing within a reasonable timeframe!
So - do I have to fill in this form or should I just resend my I and E form which will show £13 again. I am not in a position to offer a Full and Final on this debt (6416 owed) so what could they do further?
Has anyone else received this type of letter from them and how did you get on further?

Thanks in advance.

National_Debtline · 9 July 2018 at 3:10PM

Hi jcorbygas

It sounds like you have received a letter before claim. This is part of the county court's pre action protocol for debt claims and is aimed at trying to avoid the need for court action. A letter before claim will tell you the company is considering court action and gives you 30 days to respond.

There should be a form to complete which gives you the option to admit the debt, dispute the debt, ask for further information or ask for time to seek debt advice. You should also find enclosed an information sheet, a standard financial statement to complete (if you admit the debt) and a statement of the account.

If this is what you have received it's very important to respond using the form provided within the 30 day timeframe, ideally you should send it by recorded delivery. If you don't you will not have complied with the pre action protocol and could cause you issues further down the line. You can find more detailed information on how to respond here https://debtcamel.co.uk/letter-before-claim-ccj/.

Best wishes

Susie
@natdebtline

sourcrates · 9 July 2018 at 5:29PM

Yes, do not ignore it, you could just copy your budget onto the pre-action letter.

You need to be sensible with your budget though, for example, if you can do so, offering an extra £5-10 a month may stave off legal action, it is a non priority debt, so do not be swayed by any of their rhetoric, but they may go for the CCJ at any rate.

Just keep in mind any figure the court may set can be challenged if need be.

jcorbygas · 9 July 2018 at 5:52PM

Thanks. I will look at my budget again and see if there is anything I can do to increase the offer. No doubt they will do the same with the other debt.

If they do decide to go to court is this done on paper or do you physically have to go to a court?

sourcrates · 9 July 2018 at 6:05PM

jcorbygas wrote: »

If they do decide to go to court is this done on paper or do you physically have to go to a court?

99.9% of the time its all done online and by post, you can be called in to the court if you have failed to pay a judgement, to be asked why you have not paid, but otherwise you never see the inside of a court room.

The process is explained here :

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/creditor-takes-you-to-court-for-debt/

Idem Servicing letter

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