Robesco - Idem Servicing diary

[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

[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.

[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!

[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]

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.

[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

[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

[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."

[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]

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]

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

[Roger]

Hi Roger,

A lot of the info you mention is in the diary in post #1.

IF had the original card but when IF stopped doing them the account passed to Halfiax who I believe owned IF. For a while it was managed by Blair, Oliver, Scott who were Halifax in house collections team and eventually became Halifax Retail Recoveries. The default was done by Halifax in September 2009.

Halifax sold the account to Idem in June 2015. I have found the assignment notice and confirmed the account owner is Idem Capital Securities Ltd.

Currently I'm still paying through StepChange so Idem are of course saying very little. I don't expect Idem will drop this one lightly as for some reason they are getting a big chunk of my StepChange payment. They equate to 17% of my total debt, yet get around 40% of what I give StepChange while one of my biggest debts that I owe more than double the amount to only gets 11%. Both are credit cards so this makes no sense.

I have also had a response from Niddy confirming the reconstituted agreement is UE so I'm sure they will start making plenty of noise as soon as I stop paying.

Well UE and Idem Capital Securities Ltd here is their FCA entry.
https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

The AAD way is SILENCE just cancel the payments say nothing!
Post any response up here!

[Robesco]

Hi Roger,

A lot of the info you mention is in the diary in post #1.

IF had the original card but when IF stopped doing them the account passed to Halfiax who I believe owned IF. For a while it was managed by Blair, Oliver, Scott who were Halifax in house collections team and eventually became Halifax Retail Recoveries. The default was done by Halifax in September 2009.

Halifax sold the account to Idem in June 2015. I have found the assignment notice and confirmed the account owner is Idem Capital Securities Ltd.

Currently I'm still paying through StepChange so Idem are of course saying very little. I don't expect Idem will drop this one lightly as for some reason they are getting a big chunk of my StepChange payment. They equate to 17% of my total debt, yet get around 40% of what I give StepChange while one of my biggest debts that I owe more than double the amount to only gets 11%. Both are credit cards so this makes no sense.

I have also had a response from Niddy confirming the reconstituted agreement is UE so I'm sure they will start making plenty of noise as soon as I stop paying.

[Roger]

I know Niddy is busy at the moment so I have been doing a bit of Googling on reconstituted agreements. One of the main criteria seems to be it must contain your name and address at the time.
Since Idem have have used my current address I will assume it's UE. As the debt was pre-2007 I think it has to have other terms which I'm sure Niddy will check when he has time but for now I will treat this as UE due to the address being incorrect.
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.

This is Idem's Web and this is what it says reference Idem Servicing that they manage accounts for Idem Capital
https://www.idemservicing.co.uk/whoweare

Check back through your letters (if you have these) especially if you have been sent Statements from Idem as to whom is writing to you as opposed to who the Debt purchaser was.

Its worth doing a little research here because Intelligence Finance stopped issuing Credit Cards Sept 2008. So documents terms and information may be difficult to come by! Especially say address when taken out?

You need to do some self research here especially for Default Notice and who or whom may have Issued this. Also who or whom sold the Debt to Idem.

Idem would off course say it is Enforcible

The AAD way here is Silence and see what Idem do or say next!
Post any replies up here in your Diary.

[Robesco]

I know Niddy is busy at the moment so I have been doing a bit of Googling on reconstituted agreements. One of the main criteria seems to be it must contain your name and address at the time.

Since Idem have have used my current address I will assume it's UE. As the debt was pre-2007 I think it has to have other terms which I'm sure Niddy will check when he has time but for now I will treat this as UE due to the address being incorrect.

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.