linnite's diary

[Joanna Connolly Solicitors]

Re loan 4, Idem have sent me an agreement as per my CCA. I've not been in that position before, do I still send it to Niddy or has that all changed?

Email it to Niddy using webmaster@all-about-debt.co.uk


It's for this debt isn't it >

Re: linnite's diary

4. Halifax CC, £6500 originally now £3200 paid down via DMP, taken out Nov 2006 default date Dec 08, Blair Oliver and Scott administer, again don't think this has been sold?

Nov 2016: Sold to Idem, notice of assignment received.

Jan 2018: stopped paying. Last payment was on 08/01/18.

Mar 2018: Very little correspondence from them. Now £2,372.

April 2018: letter - passed to recoveries section.

8 June 2018: Received letter before claim.

15 June 2018: CCA letter sent. Need to send LBC response by 1st July.

20 June 2018: response received they will 'endeavour' to provide the CCA within 12 working days.

3 July 2018: No CCA received so LBC response form sent in, box D ticked 'I dispute the debt'.

4 July 2018 received in the post today from Idem an acknowledgement they can't currently provide the CCA. They will keep looking, I still owe the money etc.

9 Aug 2018 Received a copy agreement in the post, needs to get checked.

Di

[Joanna Connolly Solicitors]

deleted my duplicated post

[Joanna Connolly Solicitors]

deleted another duplicated post

[Joanna Connolly Solicitors]

Idem have sent me an agreement as per my CCA.

This is in response to your reply to their Letter Before Claim isn't it?

Does the covering letter say anything about them believing that they have now complied with your original CCA Request and give you X days to contact them or they will issue proceedings?

Di

[linnite]

Hi Di, no it simply says here it is, give us a call if you want to discuss it.

It did leave me wondering where I stood, they have my response to the LBC saying I dispute the debt.

As I am not going to be able to receive and act on mail between 18/8 and 1/9 I need to try and ensure I leave this one and the one where I have a CCA out in good order for that period, can't come back to find things have already happened.

Thanks

[linnite]

Fantastically quick reply from Niddy but he says it's

[Pip]

Hello Linnite,

About half of my seven accounts were enforceable, but nothing ever came close to approaching serious court action, or any real threat of it. All just template letters from the very few "solicitors" [toothless rent-a-letterhead] that wrote.

All of my debts are now statute barred -- full diary thread here

This is not to encourage complacency -- quite the opposite: *every* letter should be logged here on AAD, filed and acted upon where applicable -- but just to say that discovering that an agreement is enforceable does not by any stretch automatically mean that the DCA will either know that or take legal action.

[linnite]

Thank you Pip!

[Joanna Connolly Solicitors]

About half of my seven accounts were enforceable, but nothing ever came close to approaching serious court action, or any real threat of it. All just template letters from the very few "solicitors" [toothless rent-a-letterhead] that wrote.

All of my debts are now statute barred -- full diary thread here

This is not to encourage complacency -- quite the opposite: *every* letter should be logged here on AAD, filed and acted upon where applicable -- but just to say that discovering that an agreement is enforceable does not by any stretch automatically mean that the DCA will either know that or take legal action.

And I'll add that a credit agreement being enforceable does not necessary mean the debt is enforceable if the debt owner has not complied with all their other statutory obligations (such as a compliant Default Notice and Notice of Sums in Arrears etc) and cannot prove that they are entitled to collect the debt (such as assignment and licensing issues).

Di

[linnite]

Thanks again Di....so the lack of an instant demand for action by Idem could mean they are unsure of their legal position or know it to be a problem?

Do they formally have to respond to my 'dispute the debt' response to the LBA before they can proceed to court?

[Joanna Connolly Solicitors]

Fantastically quick reply from Niddy but he says it's

How many pages did they send you including any Ts & Cs?

I've seen some Halifax credit agreements sent by debt purchasers recently which have been missing a few.

Di

[linnite]

Hi Di,

I'm, um, away from home at the moment. What I recall sending to Niddy was 2 pages of an original document with my signature on it but no signature by any representative of Halifax, plus maybe 4 to 6 pages of t's and c's in a very different font and IMO clearly more recent.

[linnite]

When I get back I will describe them in more detail if you think that might help?

Thanks

[Joanna Connolly Solicitors]

When I get back I will describe them in more detail if you think that might help?

Okay, enjoy the rest of your trip (assuming it's a holiday).

Di

[Joanna Connolly Solicitors]

Thanks again Di....so the lack of an instant demand for action by Idem could mean they are unsure of their legal position or know it to be a problem?

Do they formally have to respond to my 'dispute the debt' response to the LBA before they can proceed to court?

You've not posted on the forum for a while so I was wondering whether Idem said or did anything after their Letter of Claim last year?

Di