Robesco - Idem Servicing diary

[Joanna Connolly Solicitors]

Diana Mayhew, I read Jo's post on Idem but I was not sure if "Idem Servicing" who are writing to me are the same company as "Idem Capital Securities Limited" in Jo's post. The small print on their letter says "Idem Servicing is a trading style of Paragon Finance PLC..." FCA number 01917566. Not sure if that help clarify who they are.

If you think it would be helpful you can email me your latest correspondence from Idem using di@joannaconnollysolicitors.co.uk

Di

[Robesco]

If you think it would be helpful you can email me your latest correspondence from Idem using di@joannaconnollysolicitors.co.uk

Di

Will do, I'll have to scan everything tomorrow. Just to confirm, the account owner is definitely Idem Capital Securities Ltd, confirmed when I dug out the assignment letter from Halifax in 2015.

edit: p.s. Niddy has said the reconstituted agreement is UE as there is no signed agreement.

Thanks

[Joanna Connolly Solicitors]

Hi,

I have been away from the site for a while as I got into a bit of a depression for a few months and found all the CCA stuff tough to deal with so I stuck my head back in the sand and ignored it all for a while.

In the meantime I have had some responses to my CCA requests but have continued paying my DMP through Stepchange for all debts even those that have confirmed they are UE. I know this is a bad idea but I couldn't cope with the thought of lighting a torch under the bonfire of stopping paying but I'm ready to pick up where I left off.

During the downtime I received a reconstituted agreement from Idem Servicing which I wonder if anyone could take a look at to check if it's UE or not.
Thanks

Account owner: Idem Servicing
Owned since: July 2015
Original owner: Intelligent Finance CC (Halifax)
Date commenced: 2005
Original credit limit £10,050
Current Arrangement: DMP via StepChange since 2009, previously self managed DMP since early 2008
Date last full payment paid: 2008
Date defaulted on credit file: September 2009
Current balance £6050

17/04/2019 - CCA request sent with £1 cheque
13/05/2019 - Letter received, they can't find CCA and debt UE
19/07/2019 - Received reconstituted agreement with letter to say debt now enforceable again
16/10/2019 - Niddy confirmed reconstituted agreement is UE

Have you heard anything recently from Idem Servicing for this debt?

I can see that Niddy has already given his opinion that the credit agreement they sent was unenforceable, so are you still paying them via your Stepchange DMP?.

Di

[Robesco]

Back to this old thread which once again I have been doing my best to stick my head in the sand and ignore my debts despite Di's kind offer to assist in reviewing given other posts from Jo about Idem. I have this week received a letter from Idem which seems a bit more threatening than most I get from them so perhaps it's time to revist this if thats OK?

I have updated the diary in post #1.

I stopped paying Idem (and everyone else) and cancelled my long running DMP with StepChange in Dec 2019.

Summary of this weeks letter;

"Your account has been transferred to our litigation dept"....

"Unless proposal to clear your account balance are received within seven days from the date of this letter, we will issue proceedings without further recourse to you.

Should this course of action be taken, legal costs will be charged in addition to the principle sum."

[stuckinarut]

Back to this old thread which once again I have been doing my best to stick my head in the sand and ignore my debts despite Di's kind offer to assist in reviewing given other posts from Jo about Idem. I have this week received a letter from Idem which seems a bit more threatening than most I get from them so perhaps it's time to revist this if thats OK?

I have updated the diary in post #1.

I stopped paying Idem (and everyone else) and cancelled my long running DMP with StepChange in Dec 2019.

Summary of this weeks letter;

"Your account has been transferred to our litigation dept"....

"Unless proposal to clear your account balance are received within seven days from the date of this letter, we will issue proceedings without further recourse to you.

Should this course of action be taken, legal costs will be charged in addition to the principle sum."

Hi Robesco it may ease any worries you may have regarding your latest letter from Idem. if you contact Diana or another member of the JC Team. Then you will have your very own legal experts on hand to Advise

[PlanB]

ignore my debts despite Di's kind offer to assist . . . so perhaps it's time to revist this if thats OK?

Summary of this weeks letter;

[I]"Your account has been transferred to our litigation dept"....

"Unless proposal to clear your account balance are received within seven days from the date of this letter, we will issue proceedings without further recourse to you.

Hello again

I'll take a look back through your thread tomorrow before making my suggestions.

Can you just clarify whether you have previously received a formal Letter of Claim from Idem or their solicitors?

I note Niddy has deemed the credit agreement sent to you as unenforceable but I'm not sure whether your CCA Request was sent to the Halifax or Idem.

Di

[Robesco]

Hi, The CCA request was sent to Idem and it was Idem who sent back the reconstituted agreement.

I'm not sure what a formal letter of claim looks like to know if I have had one. Definitely nothing from any solicitor acting on behalf of Idem.

[nightwatch]

A formal letter will give you 30 days to reply, it will normally say it is a letter of claim, it will have tick boxes to say you agree the debt is yours/not yours, you require paperwork, or the debt is in dispute. It will have an I&E form, want your shoe size, inside leg measurement,mothers mothers maiden name, what you had for breakfast 3 weeks ago, in a Thursday, general things like that.

[Robesco]

Ah yes, had one of those. Dated 24/09/2020. Updated post #1 to add it into the timeline.

12 pages of it but didn't read past page 2, just filed it along with all the rest!

[Warwick65]

It might be time to find that letter and reply with box c or D ( I don’t know or I deny the debt) and ask for various things such as copies of the agreement , default notice , notice of assignment.

It seems they do not have the original agreement and the account was opened pre 2007. Now you need to try and remember how you applied, was it for example a Mail shot , or in a shopping centre. All those things make a difference on top of any issues with idem .

It may be you do get a claim but much better if you can head it off - I had 25+ debts and only received one claim which was defended . I managed all this using the tried and tested AAD way.

I am now free of debt, have credit cards ( barely used) and feel better off than I have done for 30 years, with an income that is half what I had in 2011.

[Warwick65]

Hi

I have had a read back and while not altering basically what I said above I think I would tweak it slightly and definitely tick D which is you deny the debt and maybe say 'because you are in default of my CCA request' . Then ask for the following, Agreement, Notice of assignment, deed of assignment, statement of account, default notice. If you filed the letter in the bin then you could use this template letter (tweaked accordingly) https://all-about-debt.co.uk/forum/d...mplate-letters . Go to post 6 and use the new LBA response letter

I still think the claim arose because I was accepted for a credit card which showed (supposedly) I had disposable income to pay Lowell - oh dear never mind Warwick 1 Lowell 0

[Timewilltell]

Surely if this letter of claim was official and received in September 2020 then court action or judgement by default would have already been incurred? Have you checked your credit files Rob?

[Warwick65]

Surely if this letter of claim was official and received in September 2020 then court action or judgement by default would have already been incurred? Have you checked your credit files Rob?

Good point but it was a letter of claim and not a claim form. That was then followed by a nudge last week. Hopefully Robesco can get a reply off to them just in time to stop a claim. Fridays and Saturday seems to be a favourite day to have claim forms land- I’m sure it’s deliberate. I’ve list count of the nasty letters I have found on the doormat when I get home from work on a Friday. Hopefully the claim can be stopped. I think most of these people are working from home still so fingers crossed.

[Timewilltell]

Back to this old thread which once again I have been doing my best to stick my head in the sand and ignore my debts despite Di's kind offer to assist in reviewing given other posts from Jo about Idem. I have this week received a letter from Idem which seems a bit more threatening than most I get from them so perhaps it's time to revist this if thats OK?

I have updated the diary in post #1.

I stopped paying Idem (and everyone else) and cancelled my long running DMP with StepChange in Dec 2019.

Summary of this weeks letter;

"Your account has been transferred to our litigation dept"....

"Unless proposal to clear your account balance are received within seven days from the date of this letter, we will issue proceedings without further recourse to you.

Should this course of action be taken, legal costs will be charged in addition to the principle sum."

I would see this as an empty threat, they can not get any legal redress to the court without you receiving a letter of claim at which point you will know what they are proposing to claim at court.
it is not, in my experience, with Idem that I have known them to do. However I did pretty much put a stop to their interference with my life by telling them that they had no powers to collect nor harass me as they had no legal right to do so. Shortly after they fell out of love with me and I never heard from them again. It’s now been three years, I don’t miss them so won’t be looking for them as a long lost love!

[Robesco]

So this wasn't an empty threat, I have today received a court summons from IDEM. What do I do now?