linnite's diary

[linnite]

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.

10 Aug 2018 sent to Niddy who says its but Idem have not said what they are going to do next or what they require of me. Not planning to do anything at this stage. Seeking advice on forum too.

Jan 2020: I pay this one at £23 pm. It is the only one of the 11 debts that I am paying.

Hi Di, just this one I folded when they came up with an enforceable CCA. £23pm and £2000 is no biggy compared to the whole mess.

[Joanna Connolly Solicitors]

Hi Di, just this one. I folded when they came up with an enforceable CCA. £23pm and £2000 is no biggy compared to the whole mess.

Even if the credit agreement were to be enforceable that doesn't necessarily mean the debt is enforceable!

Idem Capital Securities Ltd is not authorised by the FCA so cannot lawfully bring legal proceedings against you.

Jo explains a recent Circuit Judge's ruling on this important legal issue here >

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.

[linnite]

I'm wondering whether people would be tempted by an 84% discount F and F (i.e. leaving me just to pay 16% if the balance) on an account that is 3 and a bit years since I last paid anything on?

[Warwick65]

I'm wondering whether people would be tempted by an 84% discount F and F (i.e. leaving me just to pay 16% if the balance) on an account that is 3 and a bit years since I last paid anything on?

I might be tempted but it would depend on which account it was - I would also be wondering why they are offering such a high discount. I got up to 90% discount offers on a couple that to be honest appeared enforceable at first sight, I ignored and they are both now SB.

Edit: For me a lot would depend on if it was EN, if it would mean a lot to get rid of it and IF I could easily afford it. However most importantly I would wonder WHY. Since I left my DMP in 2012 I have never paid any more money to any of the lowlifes.

[linnite]

In terms of my diary, it is the Tesco credit card (no7).

[Roger]

In terms of my diary, it is the Tesco credit card (no7).

".. Jan 2020: in the time since they have sent some letters and also corrected an incorrect notice of assignment so I don't know if that might be something I can use if this was to ever escalate. .."
".. has gone off my credit file or was never there .."

Its pre 2007; there are Assignment issues; Not on Credit File.
Why would you even consider paying them anything?
File letter and wait and see what they send next!

[linnite]

Hi all. Long time no speak.

For many of these debts I am 14 months away from being time barred! Yay. Another couple are 19 months away.

Some seem to have had more collection activity recently, letters have increased or they are trying me with different DCAs, or assigning the debt.

Is there any experience on here of creditors trying to get tougher or getting litigious as the statutory deadline gets near? Thanks for any advice.

- linnite

[linnite]

Also is anyone able to confirm that a payment against an account by another party does not reset the clock for statute barring???

Barclaycard credited one of the accounts with £30 when they decided they had treated me unfairly with default fees back in the day.

Thanks again,

- linnite

[Roger]

Also is anyone able to confirm that a payment against an account by another party does not reset the clock for statute barring???

Barclaycard credited one of the accounts with £30 when they decided they had treated me unfairly with default fees back in the day.

Thanks again,

- linnite

No it doesn't restart the Statute Bar clock.

Barclaycard have admitted fiddling the debt figures haven't they! It means simply put wrong figures on Default Notice etc.. as well as the Debt sold and written Off.
They should have sent you the money and NOT the DCS.

That letter is worth gold to you! keep this very safe!
The Debt has been sold and they cannot correct their errors!

[linnite]

No it doesn't restart the Statute Bar clock.

Barclaycard have admitted fiddling the debt figures haven't they! It means simply put wrong figures on Default Notice etc.. as well as the Debt sold and written Off.
They should have sent you the money and NOT the DCS.

That letter is worth gold to you! keep this very safe!
The Debt has been sold and they cannot correct their errors!

Thank you!

[Never-In-Doubt]

Also is anyone able to confirm that a payment against an account by another party does not reset the clock for statute barring???

Barclaycard credited one of the accounts with £30 when they decided they had treated me unfairly with default fees back in the day.

Thanks again,

- linnite

As Roger says above - however also note that ONLY you can restart SB, a creditor cannot. Otherwise they'd all start paying in random 1p payments to reset it. You can safely ignore their letter however keep it as it is gold, as Roger explained.

Good luck

[linnite]

As Roger says above - however also note that ONLY you can restart SB, a creditor cannot. Otherwise they'd all start paying in random 1p payments to reset it. You can safely ignore their letter however keep it as it is gold, as Roger explained.

Good luck

Thank you!