Enough now

[Never-In-Doubt]

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.

[Rosebud]

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.

[Never-In-Doubt]

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.

[Joanna Connolly Solicitors]

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 >

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

[Rosebud]

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.

[Rosebud]

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 .....

[Rosebud]

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 ......

[stuckinarut]

Update as above , very nice ......

Very nice indeed

[Rosebud]

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.

[Spud]

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

[Rosebud]

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.

[Rosebud]

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.

[Rosebud]

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.

[Rosebud]

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.

[Roger]

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!