Idem servicing.

[Aggie65]

Hi I posted on hear a while ago about my debt being sold to idem from MBNA. I want to do a full and final settlement offer. So I'm after all info you can all give me on doing so. My debt to them is just under £1000. What would you all think is a suitable offer? My default that mbna will be off in November 2014. What can I do to make sure they don't change this? Or any other info you all have for me would beach appreciated. Thanks guys.

[i hate bailiffs]

you will have to get any settlement in writing stating that they will not sell on the remainder of the debt

 

Have you CCA them?

[Aggie65]

I dont no what a CCA is?

[i hate bailiffs]

CCA request letter. ***

 

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

 

 

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A debt collection AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[Aggie65]

That's great, thank you. I'll get that out next week. I'll let you no how I get on.

[PGH7447]

be prepared for them to be awkward, they only seem to want a full and final if you fill in an I&e sheet and answer some stupid questions about how you came by the money etc, I told em to stuff it and only pay a minimum a month.

[Aggie65]

Oh really? Do I have to fill one d those in? Iv also read on hear not to pay a debt collection agency? But if they own the debt surely I have no choice? Can any one advise on this? Thanks

[intend]

If you have proof that the debt has been sold then yes you need to pay the new owner. Need to be absolutely sure it has been sold. If sold then will have been bought for pennies in the pound so offer a very low amount.

 

Are you paying anything currently? This will be your starting point. If paying nothing then they might accept a low offer but if paying a reasonable amount could refuse. Most woud advice only pay if the debt is enforceable - hence need for CCA which would be my option.

[Aggie65]

I am paying £17 pm towards this debt. When I CCA them will that prove who owns the debt? I'm almost sure they do as I had a letter from mbna saying they had sold it the a few days later another from idem servicing "welcoming" me. I seriously hate debt collectors

[PGH7447]

idem bought loads of these recently, so odds on they do own it, I take it the £17 a month was an arrangement with MBNA and not these chancers

[Aggie65]

Yes it was with mbna but idem sorted it out for my direct debit to go over to them. "How lovely and helpful of them" this is my last debt tho so I just want it gone out of my life as its just a reminder all the time that I messed up when I was young. And as I say nov next year it comes of my credit file. Yay!

[PGH7447]

Direct debit to a debt collector, is a definite NO, I cancelled my agreement when they took it over and reduced payments when they refused my F&F, I now pay what I want by standing order

[intend]

Urgent - cancel the direct debt now - DCA can vary the amount taken before you know it. As PGH says standing order only as the amount on this is set by you abd cannot be changed. Would follow advice above - you take control - give a full and final offer and state if refused will pay £1 a month.

 

As debt no owned by idem they will have no paperwork to go with it so I would ask for CCA - and not pay anything until it is provided and they can prove it is enforceable. They will need to go back to the OC for this and so you put account collection on hold and enjoy spending the money on yourself and family and not these scumbags. With luck the paperwork will never appear and you can relax. DCAs without paperwork will have just bought a "pup"

 

Good luck - cancel DD, send for CCA.

 

Intend

[PGH7447]

good advice above by intend, make life as difficult as possible for these firms that buy thousands of debts for next to nothing then try and reap big gains, by doing nothing but threaten and mislead