Idem Servicing/Moorcroft and Aqua card debt

[Vagabond_UK]

Hi all,

 

Trying to sort something out for my sister who has got into some bother with Idem.

 

She originally had a debt with Aqua and despite sorting out a payment agreement with them

after racking up some arrears, Aqua defaulted the debt when they were taken over by New Day Credit.

 

 

At this point, repayments stopped being taken for several months

despite my sister's attempts to sort things out with the new company.

 

New Day subsequently sold on the debt to Idem Servicing who have been chasing my sister via Moorcroft

to collect the outstanding amount.

 

My sister is adamant she has received no notice of assignation or any other correspondence from Idem, and has only received correspondence from Moorcroft.

 

She checked her credit report a few months ago to see the default issued by New Day was removed,

but that a new default had been registered by Idem.

 

 

She claims not to have received a default notice from Idem

and the dates don't tally between that default

and the one issued previously by Progressive.

 

 

She believes the default placed by Idem is incorrect

and has been placed in breach of the CCA regulations as procedures haven't been followed.

 

She sent a CCA request to Moorcroft, asking for a copy of the CCA, as well as the notice of assignment

, original default notice and a statement along with a cheque for £1.

The cheque has been cashed.

 

Moorcroft wrote back saying they had passed the request to Idem,

but yesterday she got a letter saying that she should contact Idem directly for the information.

The account has been placed on hold for 30 days to allow her time to request the info from Idem.

 

I don't see why she should contact Idem.

Surely if Moorcroft are the ones acting as agents then they should supply the requested documents from the creditor (Idem)?

The original CCA request was made in August, and nothing has been forthcoming

so in my view the debt is unenforceable now until such times as the requested paperwork is supplied.

 

To be clear, she's not disputing the debt and says she owes the money and is happy to pay back;

she is disputing the placement of a default that she says has been unlawfully placed on her credit file.

 

All help and advice is appreciated.

[dx100uk]

as long as the defaulted date by Halifax was not changed during the debt selling process

then no-one has done anything wrong.

 

 

a debt buyer cannot issue a DN

all they can do is update the org date by the OC

but as said they must not change it.

 

 

I'd be getting an SAR off to the orginal creditor too.

 

 

if a debt has been sold

odds on, there something fishy going on

like it PPI, penalty charges or something else wrong with the bal.

 

 

if whomever that has been sent the CCA

has now failed the 12+2 working days deadline

 

 

then she can stop payments till they satisfactorily comply

with an enforceable CCA and we check it.

 

 

pers I'd be ignoring them until/unless they issue a claimform.

 

 

get that sar running.

 

 

dx

[Vagabond_UK]

Cheers dx100uk...

 

Original default was issued by New Day, not Aqua/Sav Credit/Halifax.

 

Sister says the default disappeared for a month from her Noddle report before reappearing under the Idem name. Credit file only shows default from May this year with no prior history, but sister says original New Day default was dated from February then disappeared in April.

[dx100uk]

so its a new aqua card

when was it taken out?

dx

[Vagabond_UK]

No, it's an old Aqua card... she took it out circa April 2013, got into trouble with it after losing her job and sorted a payment agreement.

 

 

When New Day took Aqua over from SAV/Halifax,

they stopped taking the agreed payments under the arrangement and defaulted the account.

They then sold it to Idem a few months later.

 

Sister says the credit report showed AP when with Aqua,

then showed as defaulted in February this year by NewDay.

 

 

Default disappeared from April's Noddle report, but reappeared in May under the Idem banner.

[obiter dictum]

Was the agreement defaulted and terminated by HBOS prior to being assigned to NewDay?

Was it a live agreement that NewDay obtained from HBOS so they then can issue a default notice in their own right??

 

That is an option as NewDay provide a running credit agreement through their credit card providers.

 

If she had a repayment plan in place with Aqua (HBOS) that put a hold on any default status due to the fact she had an arrangement to pay. NewDay are then obligated to take on that current payment plan and not default the account.

 

There is nothing stopping them though in realty as the agreement terms have been breached. Justifying it after a payment plan is in place by a previous creditor is another matter when it comes to enforcement of that agreement

 

 

You need to find out if the account was terminated before sale from HBOS to NewDay and did HBOS and/or NewDay issue a default notice under 87(1) CCA 1974 before IDEM came into the equation

 

I hope that makes sense on the information you have provided

Edited October 24, 2015 by obiter dictum