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  • Anything Cabot - don't overly stress - just ensure you speak to one of the legal team (Di / Jo / Gerry) if they issue or threaten to issue a claim, before doing anything. But whilst they are in default, you can safely ignore them - certainly with a confirmation letter saying they aren't able to comply with s.78.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • Originally posted by Never-In-Doubt View Post
      Anything Cabot - don't overly stress - just ensure you speak to one of the legal team (Di / Jo / Gerry) if they issue or threaten to issue a claim, before doing anything. But whilst they are in default, you can safely ignore them - certainly with a confirmation letter saying they aren't able to comply with s.78.
      Thank you for your reply, I will seek further support from you all, meanwhile I shall resend a copy of letter and signed for signature to remind them.
      Thanks again.

      Comment


      • Originally posted by Rosebud View Post

        Thank you for your reply, I will seek further support from you all, meanwhile I shall resend a copy of letter and signed for signature to remind them.
        Thanks again.
        Why? I wouldn't...... that could prompt them to actually find the information. Unless they are expressly threatening court, then i'd just stay quiet for a wee while. If they're threatening court then yes, copy their letter and just send a copy to them with a cover note saying very little more than "see attached, until you come out of default this account remains unenforceable". and literally leave it like that.

        Don't give anything away - only give the basic, to show (a judge, for instance) that you aren't hiding from your liabilities - more, you're lawfully disputing their legitimacy and validity under the Acts in place.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • Originally posted by Rosebud View Post
          Type of account : Marks & Spencer personal reserve
          date commenced : before July 2008
          Approx balance : 1580.00
          Date last paid : before July 2008
          On DMP from July 2008
          Status : default
          Account owner : Idem servicing

          11/09: letter from M & S advising that the monthly offer is acceptable.
          12/09: letter from M & S acknowledging sum of £27.68, enclosing a’giro slip’.
          11/10: letter from M & S requesting me to contact them .
          02/13: letter from M &S to inform me that the account has been sold to Brittanica Recoveries S. a.r.l- Madison. They have appointed Moorgate Loan Servicing Limited as agent, outstanding amount was £2764.85.
          11/13: statement
          04:14: statement
          03/15: F&F offer made
          03/15: letter from Moorgate wanting financial statement to consider my offer
          04/15: letter from Moorgate wanting to know of priority debts are up to date....
          04/15: statement
          04/15: letter from Moorgate declining my F&F offer
          04/16: statement
          11/16: letter from Moorgate informing me that my account has been purchased by Idem.
          11/16: Welcome letter from Idem
          01/17: statement
          04/17: statement
          10/17: letter from Idem acknowledging my offer to pay F&F , need further information,
          10/17: letter from Idem stating they have been unable to contact me ...
          11/17: F & F offer sent by post.
          11/17: letter from Idem declining my F&F offer....
          04/18: statement from Idem
          09/18: CCA request sent.
          09/18: letter from Idem thanking me for my recent CCA request.
          10/18: letter received from Idem thanking me for my CCA request , unfortunately they are unable to supply me with a copy and acknowledge that until they do the account cannot be enforced. The original lender has been contacted for a copy and if available will be sent separately ....

          12/2018: letter received from Idem servicing stating that there is no repayment plan in place, ‘unless we can rectify this within the next 7 days my account will be reviewed for further action .....

          i have received no other correspondence from them since October ,So no CCA information received.

          PLAN : file letter.

          letter received dated jan 19 from Idem, they state that the full balance is now due , a solution needs to be agreed. ‘It is essential that you contact us within 7 days to prevent further recovery action ‘. PLAN : file

          02/2019: letter received from Idem, they state that my account is being managed by recoveries and it was important that I phone them , this matter is now urgent ....
          PLAN : file

          5/3/19: letter received from Idem worried about being unable to speak to me ....... failure to make contact may result in the following ! Representative visiting, or placed with an external debt collector.
          PLAN : File.

          March 2019 ; letter received from Idem requesting that I make contact with them so they can discuss outstanding balance. Should they not hear from me they will appoint Resolvecall to visit my property , the purpose of which I’d to regain contact with me .... PLAN : file.

          April : letter from Resolvecall wanting contact to arrange repayment , of no contact made a representative may call.
          Plan : file

          April 19: statement received.


          Did an agent from Resolvecall pay you a visit in April or since?

          Post up if you receive anything from Idem Capital Securities especially if it contains a threat of legal action since a recent court judgment established that they have no legal right to bring a court claim because they are not authorised by the FCA.

          Jo explains it here >


          Originally posted by Joanna Connolly View Post
          On 24 April 2019 we were successful in a consumer credit Appeal on the issue of FCA Authorisation - or rather, lack of FCA Authorisation. Idem Capital Securities Limited admitted in court they were not authorised by the Financial Conduct Authority to exercise the rights of a lender but said they were exempt as they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

          It was accepted by both parties that there was a valid servicing agreement in place. The issue for the Circuit Judge to decide whether Idem Capital Securities Limited could rely on the exemption under paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 to issue proceedings in the county court.

          The Circuit Judge held as a general principle of law that Idem Capital Securities Limited was not able to rely on the FCA authorisation of an affiliated 3rd party ( paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed.

          Idem Capital Securities Limited did not appeal the judgment.

          If you are currently defending a claim with Idem Capital Securities Limited, whether stayed or ongoing or Idem have obtained a Default Judgment against you and you have any query please post any queries on this thread..
          Di

          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • Originally posted by Diana Mayhew View Post



            Did an agent from Resolvecall pay you a visit in April or since?

            Post up if you receive anything from Idem Capital Securities especially if it contains a threat of legal action since a recent court judgment established that they have no legal right to bring a court claim because they are not authorised by the FCA.

            Jo explains it here >




            Di
            Hi Di, thank you for your message , not heard anything. I have had some letters which I need to update. But otherwise very quiet.

            Comment


            • Originally posted by Rosebud View Post
              Type of account : BARCLAYCARD
              DATE COMMENCED BEFORE JULY 2008
              approx balance : 4900
              Paid in full : prior to July 2008
              OM DMP SINCE JULY 2008
              status : I have no default letter
              ACCOUNT OWNER : Link Financial

              08/2014: letter from Barclaycard acknowledging DMP company.
              10/16: letter from Barclaycard informing me that they have transferred the account to Asset Link Capital
              Letter from Asset
              09/17: statement from Link Financial
              03/18: further statement from Link
              10/18: statement received from Link, they have applied the £1 CCA

              11/18: statement received from Link , no acknowledgement whatsoever in repose the of my CCA REQUEST.

              March 2019: statement received.

              September 2019 : letter of complaint sent to link as they were contacting me on my work phone. Letter received back from they stating that they haven’t breached any of the guidelines ..... we shall see if they try ringing again.

              October 19 : letter stating that Barclaycard are unable to comply with the CCA request , therefore the debt is unenforceable but the outstanding balance remains outstanding. PLAN ; securely filed away.
              Update as above , nice .....

              Comment


              • Originally posted by Rosebud View Post
                Type of account : CO-op bank CC.
                DATE COMMENCED : before July 2008
                approx balance : £5300
                Last paid in full : before July 2008
                ON DMP SINCE JULY 2008
                status: I have no default letter
                Account owner : Link Financial

                03/11: letter received from Co-Op,
                12/14 : letter received from Co-op advising me that the Smile Visa account has been sold to Asset Link.
                12/14: letter from Asset Link Capital (No5) Limited, that the Co-Op have sold the account
                8/15: statement received
                03/16: statement
                9/16: statement
                3/17: statement
                4/17: statement
                06/17: statement this goes back to December 14.
                09/17: statement
                2/18: statement
                8/18: statement
                09/2018: CCA request. Up to today no acknowledgement from them at all.

                March 2019: statement received.

                I have been been receiving voicemails and text messages from Link Financial on my work mobile. PLAN : to send harassment letter recorded delivery.

                March 2019: letter received from Link thanking me for sending my complaint in.

                April 2019: letter received stating that they are unable to resolve complaint as investigation ongoing.

                May 2019 : letter received from Link , advising that they have fully investigated the contents of my complaint and haven’t breached any guidelines ...... funny I was expecting that kind of reply, they never do breach anything do they.....
                PLAN : File

                October 19: statement received.

                Response re complaint dismissed by company.

                Letter received stating that the Co-Operative Bank are unable to comply with the CCA request , therefore it is unenforceable. However it remains collectable. PLAN : letter filed securely away.
                Update as above , very nice ......

                Comment


                • Originally posted by Rosebud View Post

                  Update as above , very nice ......
                  Very nice indeed

                  Comment

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