PowerOfCats UE Diary

[PowerofCats]

Diana Mayhew , that has to be the fastest CCA request ever. Posted Saturday and response from PRA today meaning they turned it around the same day as receiving it! Will scan and send to Niddy but nothing looks different with it to me.

I'll send an SAR and see what comes back. Do I do it to Barclaycard in general or do I need to be specific (eg, Egg accounts with Barclaycard)

Thanks again for help!


And yes, I do hope Link forget!!!

[The Tech Clerk]

Diana Mayhew , that has to be the fastest CCA request ever. Posted Saturday and response from PRA today meaning they turned it around the same day as receiving it! Will scan and send to Niddy but nothing looks different with it to me.

I'll send an SAR and see what comes back. Do I do it to Barclaycard in general or do I need to be specific (eg, Egg accounts with Barclaycard)

Thanks again for help!


And yes, I do hope Link forget!!!

webmaster@all-about-debt.co.uk

[Joanna Connolly Solicitors]

Diana Mayhew nothing looks different with it to me.

I'll send an SAR and see what comes back. Do I do it to Barclaycard in general or do I need to be specific (eg, Egg accounts with Barclaycard)

It's not only about what looks the same as the previous credit agreement they sent, it could be about what they've not sent which makes all the difference

I would send the SAR to Barclaycard in general. It may be best not to flag up that there was Egg involved in case they don't realise that.

The Transaction Log may contain reference to PRA's approach to them for a credit agreement which can sometimes be enlightening.

Di

[PowerofCats]

Debt 13 - CCA request answered in the quickest turnaround ever. Emailed to Niddy, still believed to be UE due to being incomplete. Will do an SAR as per Di's advice but sit tight on this one for now

[PowerofCats]

Debt 15 - Barclaycard Debt Review on one of my UE accounts (can't find credit agreement)

Following a recent review of our operating procedures we have identified that for customers who had fallen behind in their payments, we did not always meet expected standards for assessing customer circumstances or engaging with them. Please accept our apologies for this.
As a consequence we may not have offered you the support most appropriate to your financial situation. In recognition of the potential distress and inconvenience you may have suffered, as a consequence of as not meeting expected standards, we are making a payment to you of £75 brackets the inconvenience payment brackets. This will be paid directly to you in cash.
we will not look further into your case and provide further deserve it redress unless you contact us regarding any other circumstances or losses in relation to this. We can be contacted on a helpline number xxx quoting the letter reference above. In these circumstances, we may offer an additional payment for any further distress and inconvenience suffered.
is there is currently an outstanding balance on the account and you are making regular payments these will need to continue.
Next steps.
to allow hours to complete the inconvenience payment, please nominate the account which you would like the inconvenience payment to be paid, by completing the attached response form. For the avoidance of doubt, this account must be held in the name of XXX please return the completed response form to as in the enclosed prepaid envelope within 30 days from the date of this letter.

Searched online and found this was legit. Sent off the form for my £75!

[PowerofCats]

Debt 13 - SAR sent to Barclaycard

[PowerofCats]

Debts 6,7,8,9 (Shop Direct accounts) - Arrow declined 10% F&F and countered with 50%. I have 30 days to reply. I can't afford 50% (total around 2k) so not sure what to do with this one. It's one of my enforceable ones and I'm prepared to settle enforceable debts due to my job status - I don't want to go down the SB route.
Thinking of leaving it for a bit and seeing what else I can scrape together. The defaults drop off the end of August. Ideas are warmly welcomed

[Joanna Connolly Solicitors]

Debts 6,7,8,9 (Shop Direct accounts) - Arrow declined 10% F&F and countered with 50%. I have 30 days to reply. I can't afford 50% (total around 2k) so not sure what to do with this one. It's one of my enforceable ones . . .

Can you clarify whether these Shop Direct accounts have been assigned to Arrow Global Ltd or Arrow Global (Guernsey) Ltd. It may make a difference.

Also do you recall receiving a Default Notice for each account before they were assigned?

Have you been receiving annual Notice of Sums in Arrears for each of them (I can't see when the assignments took place)?

There are many reasons for a debt to be unenforceable not only the credit agreement.

Di

[PowerofCats]

Hi Diana Mayhew , to be honest I have no idea on these accounts as I have no paperwork. Shall I SAR them?

[PowerofCats]

Oh, and they're Global Ltd not Guernsey

[PowerofCats]

Debt 14 - IDEM servicing - 'we do not have a payment plan in place to repay your account...options available to me 1) weekly or monthly instalments 2) lump sum... options available to us 1. default threats (already been defaulted and now gone from my CRA), account may be transferred to a DCA and they may visit at home'

seeing as I'm STILL waiting on my CCA request and they themselves have stated it's unenforceable until it's provided - I'm filing this with no action.

[PowerofCats]

Debt 14 - Oh, they've also continued to increase the balance by adding the interest. Now another £40 odd higher than it was a few months ago. Still no CCA documents received though.

[Joanna Connolly]

We recently obtained a Judgment from a Circuit Judge that because Idem were not authorised by the Financial Conduct Authority they could not issue proceedings in the County Court. The agreement was unenforceable.

Idem servicing is the servicer for Idem Capital Securities Limited

[Joanna Connolly Solicitors]

Debt 14 - IDEM servicing - 'we do not have a payment plan in place to repay your account...options available to me 1) weekly or monthly instalments 2) lump sum... options available to us 1. default threats (already been defaulted and now gone from my CRA), account may be transferred to a DCA and they may visit at home'.

Jo has started a new thread today specifically about Idem which you may like to read

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..

If anyone else has issues with Idem please also post on that thread especially anyone who may have received a CCJ or Default Judment from IDEM in the past or anyone who is facing a claim from Idem at the moment >


Link to thread > https://all-about-debt.co.uk/forum/d...rities-limited

Di

[PowerofCats]

debt no5 - Bank of Scotland
Letter received from 'CSL' (Credit Security Limited) asking for repayment etc
This is the first letter I've received from them as last I knew the debt was with Moorcroft
Diana Mayhew , have you come across these guys before?