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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Idem and old Endeavour (HFC) Loan - saying they will issue a new default on unregulated secured loan.

TonyLeeds

By TonyLeeds
in HFC (Household)

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TonyLeeds

TonyLeeds

Posted
Posted

Good Morning

 

A brief history ......

 

My wife took out an unregulated secured loan in both our names with a company called Endeavour Personal Finance in December 2003 for 45k

 

In 2009 due to sudden and unexpected bereavements I had to have an extended unpaid period of leave which sent our finances into freefall, by 2014 I had the endeavour balance down to about 7.5k  Idem servicing had taken over the debt by this stage and we were in dispute about how they were applying interest as Endeavour had agreed to freeze it while we either consolidated or re-mortgaged. Idem went quiet at this stage.

 

In December 2019 I ended up in court for repossession with my main interest only mortgage provider Redstone and with the help of immediate family and the guys at CAG I managed to pay my arrears and stay in my house, since then I've kept on top of all payments and improved our credit ratings to the stage where we should be able to re-mortgage by the end of this year.

 

Yesterday we received a default notice from Idem Capital Securities Ltd. dated on 1st June going into effect on 18th June 2022, if this goes on our credit files the negative impact will be devastating as due to our ages another 6 years in financial limbo would probably mean we'd never be able to get another mortgage.

 

I rang Idem and after at least 20 attempts finally got through to a lady who said that she thought the Default notice was a mistake as she had it on file that we were issued with a default back in 2014 and that we couldn't be issued with two defaults for the same debt, I explained that we were hoping to re-mortgage and that they would be paid due to the second charge but that if they marred our credit file it would become increasingly difficult to settle the debt.

 

It's been left that she's looking into it and will ring us back however I really don't trust Idem.

 

The Idem/Endeavour debt has never shown up on my credit file.

 

Any Comments or advice would be greatly appreciated.

 

Kind regards

 

Tony

 

 

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dx100uk

dx100uk

Posted
Posted

HFC would have issued a default notice years ago and it can never comeback on your credit file.

you cant have 2 and a debt buyer cant issue a default notice!

you fell for the oldest trick in the book.

 

have you ever sent these fleecers a CCA request

as HFC agreements for that period were rarer than hens teeth.

 

shame they have also been scamming your upon interest too.

as HFC would have also terminated the agreement upon issuance of a default and the sale to idem.

 

stop ringing powerless DCA's too - they LIE!!
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Idem and old Endeavour (HFC) Loan - saying they will issue a new default on unregulated secured loan.
AndyOrch

AndyOrch

Posted
Posted
29 minutes ago, dx100uk said:

HFC would have issued a default notice years ago and it can never comeback on your credit file.

you cant have 2 and a debt buyer cant issue a default notice!

you fell for the oldest trick in the book.

 

have you ever sent these fleecers a CCA request
 

 

If its unregulated DX there is no Default Notice and a CCA request is not applicable ?

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TonyLeeds

TonyLeeds

Posted
  • Author
Posted (edited)

Hi dx100uk

 

We have spoke in the past, you and Ell-en were massively helpful in the past when I went to court with Redstone which I'm eternally grateful for.

 

Would you mind if I pm'd you a copy of the "default" I've received because it looks official and I'd hate these bandits to pull a fast one.

 

kind regards

 

Tony

 

Edited by TonyLeeds
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dx100uk

dx100uk

Posted
Posted

opps as andy has pointed out, if its an unregulated agreement because of its size (+£25k) then the gloves are off 

they dont have to abide by the consumer credit act.

 

however, lets see if their DN mentions section 87 etc. as idem never know their elbow from their knee anyway.

you might be able to trip them up.

 

can you scan it to PDF and upload it here

read our upload guide carefully.

we dont give advice by PM as it helps no-one bar you.

not what CAG is about

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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AndyOrch

AndyOrch

Posted
Posted

Are you sure its Unregulated Tony,,,got a copy of the agreement ?  

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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AndyOrch

AndyOrch

Posted
Posted

Apologies Tony I got sidetracked elsewhere.

 

So clearly unregulated IDEM are not aware and think it is regulated...hence sec 87(1) DN  ...but in reality its all irrelevant because its unregulated and not legislated under CCA1974 they have carte blanche to do as they please....as stated it does not require a DN it does not required a valid agreement...its irrelevant who issues a DN.

 

But statue of limitations still apply and also unfair terms and conditions can be challenged.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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TonyLeeds

TonyLeeds

Posted
  • Author
Posted

Thanks Andy

 

But will this DN go on our credit files which is what I'm worried about as we've really worked hard to get ourselves in to a position where we can remortgage and would hate it if this scuppered our clean run.

 

There's been nothing from Idem on our credit files previously.

 

Kind regards

 

Tony

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AndyOrch

AndyOrch

Posted
Posted

Its possible..a default whether regulated or unregulated must still be recorded pursuant to the ICO guidelines...although it should be placed within a reasonable period at the time of default by the original creditor.....not when some DCA buys the debt and decides to issue one years later. 

 

Did the Endeavor HFC ever record a default on your credit files ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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dx100uk

dx100uk

Posted
Posted

yes thats what i was wondering

idem said on the phone one was issued in 2014 by endeavour? so ICO rules should still apply even if its unregulated as the ICO guidelines doesn't distinguish between regulated or unregulated just a default notice?

 

i think we've travelled this road before with secured unregulated loans but i've not time to search at present.

 

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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TonyLeeds

TonyLeeds

Posted
  • Author
Posted

I can't ever recall anything from either Endeavour or Idem been on our files, do you think there's any mileage in trying to negotiate with them at this point ?

 

Kind regards

 

Tony

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AndyOrch

AndyOrch

Posted
Posted

Was it 2014 when the loan was defaulted ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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TonyLeeds

TonyLeeds

Posted
  • Author
Posted

Hi Andy

 

So the lady at Idem has got back in touch with me and said that the default notice was sent out in error as "its something they have to do prior to escalating their collection process" and that she'll mark the account on hold until further notice but asked that I keep in monthly contact with them.

 

I don't know what to think.

 

Kind regards

 

Tony

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AndyOrch

AndyOrch

Posted
Posted

On hold sounds positive but on hold from what ? :classic_huh: 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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