CCA request doesnt look correct halifax credit card/idem

[Ruxy]

Hello, im after some advice if possible. CAG has been helpful to read but im now stuck.

 

Following redundancy I got into a bit of credit card debt,

im now in a position to try and resolve the debt but don't know where I stand.

 

One of the credit card debts is now with Idem servicing.

I sent the a CCA request and they replied stating they had no agreement,

should one be found they would send it.

 

 

Foolishly maybe, I offered a full and final settlement offer just to move on.

They rejected the offer and sent a credit card agreement (13 days after they said they didn't have one).

 

 

They say the agreement was signed in 2001,

however the address on the agreement is the address I moved to in 2008,

so a different address I was at in 2001,

 

 

secondly the credit limit states 1500£, with an APR of 27.9%,

I cant prove it but the original credit limit was 950£ and the APR 15.9%,

it only went up to 27.9% when I closed my current account at the Halifax

and moved to Barclays around 2005/6,

 

 

I remember that because at the time as I was annoyed to put it mildly -

Just to add the credit card was with the Halifax.

 

Idems letter keeps referring to LLoyds Banking Group are they linked to Halifax?

 

The agreement also says bank charges were 12£, again I remember paying 35£

when one of my first payments was a few days late.

 

 

Some pages of the agreement are blue, some white and all different fonts.

 

Idem claim they own the debt,

but terms in the agreement only state they can transfer the debt,

but another clause in the terms says only We or You (meaning Halifax or me I assume)

can enforce any part of the agreement.

 

 

The agreement also state that interest will not be charged on defaulted accounts,

however Halifax continued to apply interest when in the debt management plan

and the account had been defaulted.

 

Where the signature is supposed to be for me is blank, and the agreement contains no dates.

 

Can anyone advise where I stand with this agreement. I can scan in later if it helps?

 

It all just seems dodgy to me, and incorrect for the terms I remember.

The debt is also 5481£ which is significantly higher than I recall

( I did bury my head in the sand for a few years, I had no money and no way of dealing with the debts,

contributions were made through a dmp,

it has been defaulted but the 6 years has now passed)

 

The agreement just isn't correct from what I can see,

but if anyone could advise further, it would be greatly appreciated?

 

Chris

[dx100uk]

trying it on then are they.

for a card of that age

they will need the original signed agreement.

which obv they done have

and with the address and the T&C/charges being the wrong dates

["12 didn't come in until 2006+

 

 

they're stuffed

ignore them.

 

 

now

why are you trying to settle any of your old debts anyway?

 

 

it wont improve your credit file any.

 

 

dx

[Ruxy]

thanks for your reply. its similar lines to what I was thinking - just looking for some sort of reassurance.

 

 

I was looking to make a settlement offer to get them off my back, as each letter state even if they cant enforce the debt, they will pursue the balance, so it was more to have a clean break really rather than dreading getting home to open letters.

 

 

It all started as I was trying to get to the 'actual' balance without all the charges ppi etc and to find who I actually owed the money too, and its turned into a saga, starting to wish id left well alone!

 

 

Chris

[theoldrouge]

with the wrong address ignore them, make sure any letter they send to you complies with the FCA guidance

 

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

[martin2006]

If your absolutely certain that no payment or acknowledgement has been made in the last 6 yrs and its not in your credit file, you could fire off a statute barred letter, then have a nice cup of tea and relax

[Ruxy]

Thankyou for the replies. Ive been making token payments up until mid last year. The account has been poorly managed by dmp provider , im only realising that now. Just trying to sort it all out.

 

 

Is it worth sending a letter saying the cca has issues?

 

 

the letter says its a copy of the original so not sure how they would now say there are two originals

if they choose to change it, or as suggested should I just leave well alone?

 

 

I really want to resolve this,

so would like to offer a settlement to get them off my back,

I have spent some of the balance they claim but no way is it at the level they suggest.

 

 

I asked them to give me a detailed breakdown of the account originally but that was just ignored,

also as its not on my credit record, all I have is their word (not worth a lot) that's its them I now owe the money,

is there anything else I can do other than sit and wait?

 

 

Chris

[dx100uk]

I wouldn't be writing anything.

 

 

poss send an sar to Halifax

get all the statements

 

 

haliifax and Lloyds tsb were linked in that era.

 

 

on the idem letters

who do they refer to as their 'client'?

[Ruxy]

On the letter they refer to the client as LLoyds Banking Group.

[dx100uk]

then ignore idem

they don't own the debt

and are simply a powerless DCA

who are not BAILIFFS.

 

 

sar time me thinks.

[Ruxy]

will send a sar request then.

 

 

A while ago they rang and said they own the debt, the letter says they are now the data controller?

 

Are the Halifax likely to have account information from 15 years ago?

 

 

Chris

[Old Cogger]

SAR & find out!

[dx100uk]

Ruxy said:

will send a sar request then.

 

 

A while ago they rang and said they own the debt, the letter says they are now the data controller?

 

Are the Halifax likely to have account information from 15 years ago?

 

Chris

 

yes sar haliprats

 

idem don't buy debts AFIAK?

scrub that they do

 

have you received a notice of assignment letter ?

 

you should not be conversing on the phone

writing only!

put the phone down.

[Ruxy]

Thanks for the replies, I don't recall seeing a notice of assignment, I did ask for it with cca request but got nothing back. They haven't been forthcoming with anything so far

 

 

It was a while ago I foolishly spoke to them on the phone, I know better now

 

 

Chris

[Ruxy]

idem have written again, with the same copy of the incorrect cca, still no proof of ownership or rights and just a balance as a statement.

 

Should I ignore them, or write back saying when you provide the information ill review to ensure its correct and pay?

 

If I offer to pay on receipt of the information, can they take me to court, or will they have to provide the information in court anyway?

 

Chris

[theoldrouge]

No need to chase a cca request Its highly unlikely they will be able to comply

[renegadeimp]

Keep ignoring. They havent got the correct agreement and they know it., But because you keep talking to them, they marked you as gullible.

[Ruxy]

thanks for the replies......... as you can tell im out of my depth

 

 

Chris

[Ruxy]

Hello again, it been a while but all went quiet until today.

 

As advised I sent a SAR request to the Halifax,

they have cashed the third party cheque for £10-00,

but sent a letter back saying they cannot process the request

until I provide a signature for security reasons.

 

 

So far no one has provided a signed CCA, s

 

 

o my question is,

 

 

do I send my signature for the SAR request or forget about the SAR request as they want a signature?

 

 

I want the information I have paid for but don't want to give a signature incase they put it on a CCA.

 

Any help would be greatly appreciated.

 

For information, I sent a SAR to another credit card to see if I has PPI, and they processed without a signature?

 

Thanks in advance.

 

Chris

[dx100uk]

read the full SAR

 

 

dx

[renegadeimp]

No reply to your CCA, then make sure you stop paying. Simples.

[Ruxy]

Hello again, its been a while but idem have now supplied a signed credit card application form.

 

 

They offered a settlement of 3500 on the 5400,

 

 

I was thinking of making a counter offer to clear the matter up..

... is this a good idea?

 

The default on the account has dropped of my credit record, and now my credit record is clean from defaults etc.

 

 

How will a reduced settlement affect this, as idem say it will be marked as a partial settlement,

if the default has gone will a reduced settlement put this all back on my credit record?

 

Hope that makes sense, hopefully someone can give me some advice?

[disgruntled2007]

My understanding is that once the default has dropped off it is gone for ever.

[Old Cogger]

dead and buried after dropped off = markers

[dx100uk]

there several threads here with those signed application forms.

 

I think one is going to court soon here too.

 

an application form is NOT an agreement.

in most cases

 

can you scan it up please

upload

 

as for the F&F

total waste of money

wont improve your rating one bit.

and anyway the debt has now fallen off so it cant harm you further.

[Ruxy]

Thanks for the replies, ill scan it in when I get home.

 

 

Is it not worth settling to get them off my back?

 

 

What i'm trying to avoid is going round in circles with them

until they decide to take me to court over it.

 

 

Im just not sure how far to push before they turn to the court route?

 

Chris