Idem/robinson/cabot alcredit cards mid 90's - **WRITTEN OFF**

[Sev]

Hi,

 

My partner has had an agreement with IDEM services for a repayment plan of 95 pounds.

 

She was diagnosed with Parkinsons in January. She has been without work for 2 years and now she must accept early retirement as she is no longer capable of working.

 

We wrote to idem and her other creditors asking to reduce the figures to a token 5 pounds of which all but idem agreed.

 

I will fill out and income/expenditure form for her to send, as now I am the only earner in the house and so am responsible for all expenses.

 

is there anything I can do in order to get them to drop their figures or see sense, ultimately she will never realise the conculsion fo these debts as she is no longer in a position to earn money outside of her pension.

[Sidewinder]

Care to elaborate on the nature of these accounts?

Unless they are subject to CCJs, then YOU decide what to pay, not the Debt Collectors!!

 

 

Have you ever requested a CCA for the accounts?

Is there any PPI that could be reclaimed?

Unlawful charges?

 

You may be getting fleeced here for amounts that you needn't be paying

 

Sorry

- just read a few of your previous posts

and it seems as though there have been issues in the past,

but I can't seem to find any answer on whether you actually challenged the entitlement for people to be chasing you for at least some of these accounts.

 

You seriously need to take control here as you may be throwing money away for no reason!

[Sev]

Thanks Sidewinder. To elaborate, we have both entered into agreements with our creditors, and have maintained payments. In sort we've always upheld our end of the bargain as it was.

 

She has had two creditors of her four drop the payment to five pounds as it was quite clear she had no means (ever again) to make appreciable payments or clear the debts.

 

My and her problem is we've got so used to letting them dictate that we find it very difficult to stand out ground.

 

PPI no, but we have both suffered charges but well over five or six years ago.

 

she was quite blase' about it until she realised that she'd never work again, and now finally she's doing what I told her a long time back to call and make it obvious that it was causing finacial hardship to pay them those figures based on her earnings when she was working.

[Sidewinder]

Wanting to maintain payments is all very noble, but just remember that when debts are sold on to debt collectors this is at a fraction of the outstanding balance - DCAs may pay as little as 10% of the debt value - and the original creditors will write the balance off against tax. It really is a totally unethical business.

 

The very least that you should be doing is telling IDEM that you will be changing the amount that you pay, not asking for permission. Your priorities and your ability to pay have changed. You also shouldn't be giving Income and Expenditure details unless required by a court. They will huff and puff but there may well be little that they can do other than that. To take you to court would require a valid credit agreement and it would be most unlikely even if they had one that a judge would be impressed at them taking action after refusing to accept reasonable payments based on your circumstances.

[Sev]

Thanks

 

You've put a different perspective on this sutuation.

 

Thanks for that, as it means that I can write to Cabot as well to reduce the payments I make to them.

 

I suppose the first thing to so is for me to write on her behalf and send a CCR together with a new figure telling them what we intend to pay?

[Old Cogger]

also are these debt enforceable>>

[Sev]

nope it hasn't been to court, and they, all credit cards were taken out in mid 90's.

 

She has never asked for CCR or anything else other than paying what was asked as she couldn't take the phone calls pestering from them.

[theoldrouge]

Immediate cca requests under s78 to everyone you are paying

[Sev]

I'll search the templates library for a letter.

[dx100uk]

cca request

 

 

blank £1PO

don't sign anything.

 

 

urm.. this does sound rather like you are being had here..

 

 

dx

[fkofilee]

1990s? they will be LUCKY!!!!!!!!!!!!!!!!!!!!!!! If they have a CCA!

You need to fire off those requests, who were the original creditors... I bet you they are stuffed full of PPI!

[Bazooka Boo]

As for their criminal offence of Harassment, here is the letter telling them to stop....http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

 

Keep a diary of events, with a view to reporting them to your local police regarding their harassment.

[Sev]

1990s? they will be LUCKY!!!!!!!!!!!!!!!!!!!!!!! If they have a CCA!

You need to fire off those requests, who were the original creditors... I bet you they are stuffed full of PPI!

 

Thanks Chaps, the original creditor of the idem was none other than MBNA, and the other Capital one.

[brassnecked]

Thanks Chaps, the original creditor of the idem was none other than MBNA, and the other Capital one.

 

Chock full of late payment and other unlawful fees then, not to mention as others have PPI.

 

You have control, do as suggested CCA 'em, and tell them a fiver a month or even nothing if they are lucky for now.

[ScarletPimpernel]

MBNA and Capital One from the nineties? The chances of a DCA being able to get an enforceable agreement are remote.

 

In terms of the moral issue, a desire to repay is laudable, but should be balanced against the facts, which are that the original creditors sold the accounts for a fast buck. As Sidewinder has pointed out above, they sell them for a fraction of their value; it's an unsavoury business. Frankly, managing the implications of a life-changing illness is far more important than worrying about boosting the balance sheet of some offshore investment company (almost all the debt purchasers are owned this way).

 

Taking control is empowering, and if you do it you will see that these companies have no power and no authority over you. I'd be inclined to write to them along these lines:

 

I recently wrote to advise you that due to life-changing diagnosis, my circumstances have changed and I am unable to maintain repayments to you at the rate I have been paying.

 

Your refusal to accede to my reasonable request was disappointing.

 

Consequently, I am now writing to tell you that in future I will be paying £5 per month, subject to your compliance with my request below.

 

This is a formal request under Ss.77/78 of the Consumer Credit Act 1974. I require you to send me, without delay and in any case within the prescribed period, a true copy of the credit agreement relating to this account. In the event of your failure to comply, no further payments will be made. I enclose a postal order in the sum of £1, which represents only the statutory fee and is not to be used for any other purpose.

 

Yours etc.

[Bazooka Boo]

A fiver a month is extremely generous considering......I'd be very much inclined to drop them right down to the legal token minimum, £1 a month, whilst waiting for them to fail to comply with your CCA request, when you will be able to can them completely.

 

Life is far more important than grubby money.

[brassnecked]

A fiver a month is extremely generous considering......I'd be very much inclined to drop them right down to the legal token minimum, £1 a month, whilst waiting for them to fail to comply with your CCA request, when you will be able to can them completely.

 

Life is far more important than grubby money.

Abso;utelly BB they can swivel for it if no CCA

[Sev]

So here's the update so far.

 

I collated together documents from consultants and physiotherapists proving her condition, and her mentally impaired state, and letter of authority - authorising me to take charge of all dealings.

 

Within 4 weeks fair credit to them, M&S bank had written off all debts owed.

Last month RBS/ Mint and Natwest through the Southend card centre had also written off all debt owed.

 

Robinson way have handed back to Hoist Portfolio with all supporting documents citing that they can no longer service the debt and have referred back to creditor. As yet I have still to hear anything.

 

Idem have "referred to management" now for over two months.

 

They tried the "there is a balance outstanding that needs to be settled" routine. I dutifully reminded them of the following:

 

• The balance outstanding is the difference between the agreed payment and her token payment. How they choose to do their accounting is up to them, but I am more than happy to request transcripts of all telephone conversations and prove that they accepted her offer of five pounds.
  
• That now that I am dealing with things, if they cannot produce the CCA then they will get nothing.
  
• The threat of credit file damage is no threat, nor has it been since 2006 when their industry decided to royally shaft us.
  
• That I still have recorded evidence of MBNA harassment, one of which was them proposing to her that she should either sell our cats or have them put down in order to release funds to service their debt.
  

 

I still await their reply.

[dx100uk]

well done and thanks for updating us.

[Bazooka Boo]

That I still have recorded evidence of MBNA harassment, one of which was them proposing to her that she should either sell our cats or have them put down in order to release funds to service their debt.

I still await their reply.

 

Now that little gem of evidence would certainly put them over a barrel, you have these clowns exactly where you want them now, any more argy bargy and you can let the media have that, they'll love it!

[fkofilee]

SO how is said evidence recorded?

[Bazooka Boo]

SO how is said evidence recorded?

 

I do hope it's Truecall, the 'Rolls Royce' of telephone recorders!!

[brassnecked]

Was the cat suggestion also in writing?

[intend]

Glad to see you have taken control.

[Sev]

SO how is said evidence recorded?

 

Mrs Sev recorded it by holding a dictaphone to the microphone of the telephone - landline, she wasn't up on technology but did manage to get that one, unfortunately that conversation never went out in writing mores the pity.

 

Sorry for the delay in updating but today we have had news from IDEM

 

Shortly after sending the above I received a call from them asking to go over the paperwork submitted and the financial statement. The paperwork included a letter from the neurologist and psychiatrist detailing her ailing health and also her inability to keep memory and the fragility of her mental condition.

 

I made it quite clear that she was deteriorating and would eventually (probably within 12-18 months) be at the point where I would need to enact power of attorny over her affairs.

 

I also enclosed a break down of what Lewy Bodies Disease was.

 

Dear Sev,

 

Having conducted a full review of Mrs Sev's account using the information you have provided, we are unable to write off the remaining balance of £4XXX.XX at this time.

 

What happens next?

We understand however, that this is a difficult time for you and can accept a period of non payment for 3 months, after which we will conduct a further review of your circumstances.

 

Whilst we understand that not making payment is appropriate due to your circumstances, we are obliged to make you aware of the consequences of not making payments towards your account:

 

-The arrears on this account will increase as the contractual payments fall due.

-Mrs Sev's credit file will reflect the current status of her account and the fact that she is not under a payment arrangement.

 

Additional help and Support for you

If she is experiencing financial difficulties she can get free impartial advice from Citizens Advice or StepChange Debt charity who are available on freephone 0800 138 1111 or national debtline on 0808 808 4000.

 

If you have any further information regarding Mrs Sev's circumstances that affect her ability to manage her finances, then please let us know. We will treat any information confidentially and will only be used to offer her a better service. We want to help and will fully consider any proposals made.

 

If you have any questions, please contact us on the number above and we will be happy to help you.

 

Yours Sincerely

 

Joanne Feasey

Customer Support Officer

Idem Servicing

I'm sickened by them to the pit of my stomach. I thought I made it quite clear she is in no position to manage her own finances or make her own financial decisions any longer.

 

I think an SAR for the telephone transcripts and again a CCA request reminder is in order. They seem to have ignored that bit.

 

Idem are the only ones now who have not written off her debts.

 

I wonder if they have pictures of hitler and Saville in their offices as role models to look up to?

 

just to add, this was after the "review by management" which took two months and now they've dragged it out another month till writing the above letter.

 

I have reduced the standing order to only pay £1 till that document is produced - and after taking their three months free offer up.

 

And no more phone calls, they can do it all in writing.

 

I'm very tempted to forward everything thus far to Watchdog or the press as it's got some meat on it, but a big part of me wants to leave it till Mrs Sev is in a position where she won't know any of it, for her own dignity.

 

 

Dirty bottom feeding opportunists that they are.