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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

    Comment


    • 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

          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


                  • I know takes a long time to get any response back doesn’t it. Cant believe it , feels ‘nice’ don’t worry as much as I did now. Have a lovely day.

                    Comment


                    • Originally posted by Rosebud View Post
                      don’t worry as much as I did now.

                      That's the whole point of AAD - It gets YOU back in control and gets YOU feeling so much better about things

                      You have had some good successes there, I hope any others will follow suit - Well Done
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • Originally posted by Spud View Post


                        That's the whole point of AAD - It gets YOU back in control and gets YOU feeling so much better about things

                        You have had some good successes there, I hope any others will follow suit - Well Done
                        Thanks Spud so glad I found this group your fabulous.

                        Comment


                        • I wonder if someone could answer a couple of questions for me ? I agreed a partial settlement with Santander in 2011 , I have been getting statements from them ever since ? They have written off the remaining balance , just wondering why I still get the statements.

                          Another question , the last payment I made via CCA was October 2018, when does the 6 year period commence?

                          Many thanks.

                          Comment


                          • Originally posted by Rosebud View Post
                            So now debts , I will complete one entry for each.

                            Type of account : credit card ( previously MBNA )
                            date commenced : ? I haven’t got any documentation , but it will be before July 2008.
                            Approx balance : £2500.00
                            Date last paid: before July 2008
                            On DMP , running from July 2008
                            Status : default
                            Account owner : Idem servicing

                            06/09: letter from MBNA re my ‘financial difficulties ‘.
                            10/11: letter from MBNA re my ‘financial difficulties ‘.
                            10/11: Default notice, to remedy this ‘breach’ need a payment of £5402.44
                            11/11: letter from MBNA informing me that my account has been terminated £7366.05 outstanding.
                            01/12: welcome letter from Idem
                            01/13: statement
                            01/14: statement
                            01/15: statement

                            10/17: letter sent to Idem offer F&F
                            10/17: letter from Idem stating they are unable to accept F&F offer.

                            01/18: statement
                            09/18: letter from Idem thanking me for my recent CCA request.
                            10/18: letter from Idem stating they are unable to supply me with a cope of CCA......
                            10/18 letter received today from MBNA advising me that they should have sent me a Notice of Sum in arrears ,
                            in 2009, as a result of an error that didn’t happen.
                            So to put things ‘right’ they are advising me now. They also included an ‘arrears’ leaflet.
                            Not bad really is it only 9 years later than when I should have received it.

                            12/2018: letter from Idem servicing advising that there is no agreed payment plan in place for my account. Unless we are able to rectify this within the next 7 days my account will be reviewed for further action...

                            PLAN: file letter

                            Letter dated 1/19 from Idem stating that the full balance is now due, it is essential that I make contact with them within 7 days to solve this and prevent further recovery action. PLAN : file

                            letter dated 1/19: statement

                            letter dated 1/19, ‘we are increasingly concerned that we have not been able to speak with you about your account, they would like to understand my situation so they can place me on the most appropriate payment arrangement. Failure to do so may result in
                            1) a representative may be instructed to visit your property
                            2) my account may be placed with an external debt collection agency.

                            PLAN : File

                            April 19: letter

                            March 2019 : letter received from Idem, they advised that they have been trying to get hole of me on a number of occasions to discuss my account.

                            02/2019
                            Letter received from Idem , requesting that I make contact within 10 days as they have attempted to contact me on a number of occasions. Should they not receive any contact then ‘we will’ appoint an external company , Resolvecall, to visit my property, to regain contact so my current financial situation can be discussed and repayment plan put in place ....

                            PLAN : Do I need to respond to this or just file ?

                            Feb 2019 : letter received from Resolvecall they advise that they have been instructed to contact me. Idem state that they have not been able to contact me .......if I do not contact them within 7 days this ‘may’ lead to a visit by one of the representatives...... PLAN : FILE

                            March 2019: letter received from Idem ‘ due to the non-payment on my account they have instructed Wescot Credit Services to collect the outstanding balance . ‘ you will be contacted by them to come to a mutually acceptable arrangement... Plan : File

                            April 19: letter received from wescot at new address. They are requesting confirmation of same.
                            Plan File

                            April 19: letter received from wescot advising that they are a specialist debt collection agency , they have been instructed to make contact with me.
                            Plan : file
                            October 2019, letter received advising of transfer to Hoist Finances UK Holdings 3 Limited.

                            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.

                              August 2019 : letter asking me to take control .... Plan ; file.

                              October 2019 , letter received informing me that the account has been purchased by Hoist Finance UK Holdings 3 Limited.
                              Update as above.

                              Comment


                              • Now out of interest that Letter advising of Transfer does it say whom from in Idem? Or is it just Idem Servicing?
                                Hoist Finances UK Holdings 3 Limited isn't registered with FCA


                                Lets start with Hoist Finances UK Holdings 3 Limited (part of Hoist Group)
                                https://www.companysearchesmadesimpl...ngs-3-limited/
                                Notice their website = http://www.robinson-way.com/

                                Robinson Way (part of Hoist Finance Ltd)

                                But your diary shows "..10/18: letter from Idem stating they are unable to supply me with a cope of CCA......" Keep that letter very Safe

                                I should file this away for the moment and wait and see what happens next!


                                Comment

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