Hi !

[DallasCowboy]

Hi , great site! I've been having a good read around and lots of useful information. I was thinking of sending a CCA request to my last remaining creditor, but not sure whether it's the best thing to do in my circumstances. I'm looking to get some thoughts. Which is the best place to post about this? Thanks

[The Tech Clerk]

give more info on the case? all details so peeps can digest actual situation and what it is all about i.e. credit cards/loans etc etc

[cymruambyth]

Hi and welcome to AAD, it sounds as though you may have been having a successful battle. Probably the best place would be the unenforceable diaries https://www.all-about-debt.co.uk/for...bility-diaries. If you read through this section it will show you how others have ‘followed the AAD route’ and should ensure you get the best guidance . Good luck.

[DallasCowboy]

give more info on the case? all details so peeps can digest actual situation and what it is all about i.e. credit cards/loans etc etc

Thanks for the welcome.

I’ve been in a dmp with step change since 2011. For a number of years prior to that, I was in financial difficulty. I was paying massive interest amounts on my debts and was actually paying nothing off each month. I ended up defaulting on a number of credit card (1 overdraft) debts. Once I started making regular small payments, things settled down. The phone calls/letters stopped and interest was frozen. I think the debt at its highest was about 15k overall.

A year or so ago, I had saved some money and managed to make full and final settlements on 4 out of 5 debts. These were pretty low like 40-50% range. Only one didn’t accept and that’s now my only debt.

This debt is with Idem - £500 left. It was my smallest debt. Funnily enough, they rejected my full and final offer, but did say they would accept a certain amount. I didn’t take them up on it. Then, a few months later I went back to them and offered that amount and they said no! That they would now only accept the full amount. So I’ve continued to pay around £15 a month to them for about the last year.

My credit file now only shows 2 closed accounts classed as settled. The debt in question no longer shows on my credit report.

It was originally with Halifax. Unfortunately, I don’t have any paperwork to see exactly when I opened it. The earliest communication I have is an email from July 2009 from Halifax when I went ‘paperless’, so it could have been opened anytime before then. It was bought by Idem in 2013.

I feel like I have paid enough money back with all the interest I’ve paid over the years and now thinking about it, I probably should have sent CCA requests to the ones I paid full and finals to as I bet some of them were unenforceable.

I’m wondering whether to make a CCA request to Idem. Since my credit report is improving and I don’t get any hassle, I’m unsure about it and wonder whether I should just keep paying off this last bit of debt.

What are people’s thoughts on sending a CCA request considering my circumstances? One concern is if it comes back unenforceable, and I stop paying and this negatively impacts my credit report, I get a default again, or starts off letters/calls…

Any questions feel free to ask. Thanks for reading.

[Joanna Connolly Solicitors]

I’m wondering whether to make a CCA request to Idem. Since my credit report is improving and I don’t get any hassle, I’m unsure about it and wonder whether I should just keep paying off this last bit of debt.

What are people’s thoughts on sending a CCA request considering my circumstances? One concern is if it comes back unenforceable, and I stop paying and this negatively impacts my credit report, I get a default again.

I would definitely send a s 77-79 CCA Request to IDEM to see if this debt is enforceable. If nothing else that may place you in a strong bargaining positon if you want to settle the debt if they can't or don't comply with your request.

In fact there are many more ways for a debt to be unenforceable not just the credit agreement. Have you been sent an annual Notice of Sums in Arrears (s86) since the account defaulted in 2011 (or before then)?

You can only be defaulted once. Six years after the account has been defaulted the whole account entry 'vanishes' from your CRA file. If it appears again you can make a complaint to the ICO to get it removed.

Was this old Halifax debt a credit card or a loan or an overdraft?

Di

[DallasCowboy]

Thank you Diane for your reply!

I will get the CCA request sent off early next week.

In fact there are many more ways for a debt to be unenforceable not just the credit agreement. Have you been sent an annual Notice of Sums in Arrears (s86) since the account defaulted in 2011 (or before then)?

Di

I have paperwork about this account starting from April 2011 (when I began token payments.) I don’t think I've received any letters regarding arrears, which have been sent annually.

I received the same looking letter in both May 2011 and July 2011, which are the only letters I think could be notice of sums in arrears. The letters start off with my name and account number, then says, ‘Under the CCA 1974 we are required to give you this notice as you have failed to make the full minimum monthly payments in each of the last two months in relation to the credit card account shown above’. The letter then details the payments due and the token payments received, then has some paragraphs with a bit of info headed ‘missed and partly missed payments’, ‘default sums and interest’ and ‘oft info sheet’. This letter is attached to the standard OFT arrears information sheet.

I received a default notice in August 2011.

It was bought by Idem in June 2013. They have sent me a ‘statement in compliance with CCA 1974’ each year detailing the account transactions, which basically just lists my payment from Step Change. Apart from that I’ve had hardly any contact from Idem. I get a letter every now and again saying my account was purchased by another company within the group Idem Capital Securities or something!

Yes this was a credit card.

Please let me know if the above info changes anything..

Thank you.

[DallasCowboy]

Is it best to send a blank postal order when sending a CCA request or should I write details on it?

I've read around the Internet, but seem to be getting different opinions about this..

[Roger]

Is it best to send a blank postal order when sending a CCA request or should I write details on it?

I've read around the Internet, but seem to be getting different opinions about this..

The CCA S.78 requires by Law that £1 to make it legal!
The important thing is to send the right amount £1 (the Post Office receipt will show the PO number!!) and have evidence of Posting (Recorded Delivery).

In response to your entry at https://www.all-about-debt.co.uk/for...62#post1506962
What matters is what the DCA or OC can find in their records! Often Our records are more complete than theirs!!

[DallasCowboy]

So it doesnt matter if I leave the postal order blank or address it to the company concerned?

[Still Waving]

So it doesnt matter if I leave the postal order blank or address it to the company concerned?

It has been known for a postal order to be returned because it wasn't made payable to the addressee (ie was left blank). That said, I think I left most of mine blank.

Edit: If you are unsure what to do, you could leave it blank, and they could return it it they want it made payable to them. No big deal.

[DallasCowboy]

Thank you.

i think I'll go blank as Idem are always changing their name! So if I do the wrong one it'll come back too. Can't win!

[Roger]

Thank you.

i think I'll go blank as Idem are always changing their name! So if I do the wrong one it'll come back too. Can't win!

Be clear in your mind here! The important legal requirement is the S.78 CCA in writing plus a £1 (you could enclose a coin! but how could you prove payment) . But using a PO you also have a PO number (evidence of payment)
If they send the PO back they are de facto acknowledging receipt of the Letter and that there was the correct payment enclosed!

Obviously a blank £1 PO can be filled in for whatever Payee they wish!

[DallasCowboy]

So idem replied with the following:

Unfortunately we are unable to supply a copy of the credit agreement at present and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request.

The balance of the amount is still outstanding and we will continue to pursue this debt which will include registering any arrears and defaults with the credit reference agencies. We can confirm the balance on your account of xxxxx remains due and payable and we will consider to contact you to discuss repayment proposals.

You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement.


So I've cancelled my step change dmp to go self-managed as this is the only debt I have left.

This debt has already had a default registered for it and it's now dropped off my credit report as its over 6 years, so am I right in thinking I don't have to worry about, 'which will include registering any arrears and defaults with the cra' ?

What is the best next step...
Ignore, make no further payment, see what they do next ?
Send a letter to say I will be making no further payments ?
Other ?

many thanks!

[DallasCowboy]

Continue to contact you not 'consider'

[cymruambyth]

I would ignore for now and don’t pay anything, they have told you that it’s UE, so unless they manage to find an enforceable agreement they can only huff and puff. Keep the letter safe in case they decide to get another company to harass you. Yes, you are correct that a second default cannot be registered for the same debt.