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  • #1

    Idem help!!

    Good morning all! I have an issue with Idem, one you’ve probably heard a thousand times!

    I have a debt with idem, I had been paying it for some number of years until earlier on this year when I read on here that the debt may not be enforceable and I should request a CCA and full statement of account, which I did.

    They wrote back and said they would try and locate them but also acknowledged the debt is not enforceable currently. Recently I had a letter from idem, which apparently is a copy of my original credit agreement with MBNA, it’s only one page and is basically the terms and conditions with a digital signature on it from 2009. I have also since been sent a statement from idem, which is printed on their letter headed paperwork, starts on 30/01/2012 stating “collection agent receipt” and then all subsequent payments I’ve made to them.

    Does this now mean they’ve “got me” and the debt is now forceable?

    Thanks!
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  • #2
    not necessarily as contents within needs to be correct and many other areas, send copy no alterations to:- webmaster@all-about-debt.co.uk for checking for you he will say enforceable or not??
    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.

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    • #3
      Thank you so much, I have just sent them.

      Comment

      • #4
        Originally posted by AaronR View Post
        I have an issue with Idem, one you’ve probably heard a thousand times!

        Hello

        Idem has issues too. They are not currently authorised by the FCA so even if the credit agreement is enforceable, they have other legal difficulties to overcome.

        Jo explains the situation 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
        • 1 like

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        • #5
          Hi, thanks for all your help.

          So, after having my docs looked over, it appears my debt is enforceable. My frustration is how do I know how much they purchased the debt for in the first place?

          I just now need some advice of the best way to proceed, do I pay it? Can they force me? When I have spoken to them in the past, they insist that I go through a full income and expenditure with them, which I am not happy to do as I don’t think it is their business what my outgoings are. Do I have to give them this? They said previously that they cannot proceed until I give them this?

          Comment

          • #6
            Originally posted by AaronR View Post
            Hi, thanks for all your help.

            So, after having my docs looked over, it appears my debt is enforceable. My frustration is how do I know how much they purchased the debt for in the first place?

            I just now need some advice of the best way to proceed, do I pay it? Can they force me? When I have spoken to them in the past, they insist that I go through a full income and expenditure with them, which I am not happy to do as I don’t think it is their business what my outgoings are. Do I have to give them this? They said previously that they cannot proceed until I give them this?
            Well @Di has already pointed out that Idem have FCA license issues!

            How you proceed will be your own decision however

            1/ Only a judge can force you to fill out an income & expenditure.
            2/ Talking to Idem at the phone or writing simply acknowledges the Debt and restarts the Statute Bar Clock.
            3/ The S.77/78 CCA is for information purposes and not necessarily proof purposes! Keep Idem guessing over the CCA
            4/ Lenders sic MBNA get Tax relief on Bad Debts. DCA pay pennies in the £. Debts are big and profitable business!
            5/ DCA's are not charities and should not be thought of as such. They are Wolves

            Many with AAD have simply followed the S.77/78 CCA response with SILENCE and stopped paying (without explaination) . Save your money and build a contingency pot. You don't have to decide anything at this point in time.

            If they phone, Block the calls - ignore TXT's, send emails to SPAM.
            Be Polite but refuse to answer their security questions- Everything now in writing that's snail Mail

            See what Idem do next! Post responses up on AAD

            Comment

            • #7
              Originally posted by AaronR View Post
              after having my docs looked over, it appears my debt is enforceable.

              The credit agreement may be enforceable but that doesn't mean the debt is enforceable.

              You say this was an MBNA account from 2009. When was it defaulted and do you recall receiving a Default Notice?

              Have you received regular Notice of Sums in Arrears (s86) since it was defaulted?

              How much is the outstanding balance?

              My suggestion is to send a Subject Access Request to MBNA to get the full history of the account and the data still held. That may help to assess whether the reconstituted document you were sent by Idem is 'honest and accurate'. It will also tell you whether they did everything in the right order (or at all) before the account was assigned to Idem.

              Post up the background to the debt using this format >
              • Type of account (credit card/loan)
              • Date commenced (ideally before April 2007)
              • Approx balance
              • Date last paid (approximate date you last made a FULL payment)
              • Are you on arrangement or not paying
              • Status (default/in arrears/up-to-date)
              • Account owner (who is writing to you, a DCA or the lender

              Do you have any other debts which the forum can help you with?

              Di

              Comment

              • #8
                Originally posted by AaronR View Post
                I had a letter from idem, which apparently is a copy of my original credit agreement with MBNA, it’s only one page and is basically the terms and conditions with a digital signature on it from 2009. I have also since been sent a statement from idem, which is printed on their letter headed paperwork, starts on 30/01/2012 stating “collection agent receipt” and then all subsequent payments I’ve made to them.

                Does this now mean they’ve “got me” and the debt is now forceable?


                Two months have gone by and are Idem still chasing you for this ex-MBNA debt?

                Even if the credit agreement is potentially enforceable, that won't alter the fact that they do not have FCA authorisation is issue court claims

                Di

                Comment

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