Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» NASA confirms ocean levels FALLING across the planet.
by epsom Yesterday at 11:46 pm

» PROOF: Flu shots are the greatest medical fraud in the history of the world
by epsom Yesterday at 11:39 pm

» Manuka honey kills more bacteria than all available antibiotics
by epsom Yesterday at 11:32 pm

» Cannabis beats “incurable” brain tumor after chemo fails.
by epsom Yesterday at 11:28 pm

» Bank Insurance Claims for debts
by petesomething Yesterday at 10:40 pm

» Councils reselling water
by actinglikeabanker Yesterday at 10:11 pm

» The Hawking Hoax
by Society of the Spectacle Yesterday at 7:34 pm

» Mortgage agreement amended.
by tattyboggle Yesterday at 6:51 pm

» Lowell Court Claim & Mediation
by petesomething Yesterday at 6:51 pm

» The propaganda files explained?
by ceylon Yesterday at 4:57 pm

» Letter 1 response - CCA 1974 Fact Sheet
by Tiggy Yesterday at 4:54 pm

» The Ledger Bait, Dead Men Have No Rights Justinian Deception Channel and ROHAN
by actinglikeabanker Yesterday at 3:52 pm

» UK Column
by ceylon Yesterday at 2:29 pm

» Non-limited Business Question
by LionsShare Yesterday at 11:23 am

» Climate change just changed!
by urchinatheart Yesterday at 9:42 am

» UBER
by Tom Bombadil Yesterday at 9:18 am

» remedy for P.C.N/COUNCIL TAX
by urchinatheart Yesterday at 8:53 am

» SUBJECT ACESS REQUEST
by assassin Yesterday at 1:52 am

» Lloyds CreditCard - Northampton Court Claim Form received.
by sam66 Sun Sep 24, 2017 8:36 pm

» It's a "crime" to pay tax.......
by epsom Sun Sep 24, 2017 7:36 pm

» Mark Ceylon & Jason Holmes on raconteurs news 19/09/2017
by ceylon Sun Sep 24, 2017 12:32 pm

» Licence Revoked
by Jinxer Sat Sep 23, 2017 9:55 pm

» Cabot offer
by petesomething Sat Sep 23, 2017 9:39 pm

» Boats & Ships
by Society of the Spectacle Sat Sep 23, 2017 9:18 pm

» Wim Hof
by Society of the Spectacle Sat Sep 23, 2017 9:07 pm

» WeRe bank
by QUEENISABELLA Sat Sep 23, 2017 5:29 pm

» HAS-THE-WOOL-BEEN-PULLED-OVER-YOUR-EYES?
by 7tt7 Sat Sep 23, 2017 4:25 pm

» Parsons Green - most pathetic false flag ever?
by mitch Sat Sep 23, 2017 3:51 pm

» ok so i frist to post here, a way to move froward
by Tiggy Sat Sep 23, 2017 2:34 pm

» Land Registry
by Jinxer Sat Sep 23, 2017 2:43 am

» can you wait till 2021?
by actinglikeabanker Fri Sep 22, 2017 11:46 pm

» You Tube Convertor
by Society of the Spectacle Fri Sep 22, 2017 7:20 pm

» Cabot Financial Ltd
by Tiggy Fri Sep 22, 2017 3:18 pm

» New Alternative letters for DCA's ( acting as agents)
by daveiron Fri Sep 22, 2017 2:36 pm

» Lowell & Cohen Cramer - Directions Questionnaire Received
by andyb93 Fri Sep 22, 2017 12:22 pm

» New/old Member
by Society of the Spectacle Thu Sep 21, 2017 8:12 pm

» Reality chat with peter howard and company
by Lopsum Thu Sep 21, 2017 6:55 pm


Idem servicing

View previous topic View next topic Go down

Idem servicing

Post by Radz7 on Tue Jul 04, 2017 12:01 am

I wondered if anyone has any advice or could help me in anyway. Me and my husband took out a loan with picture loans 10 years ago now. Not long after taking the loan my husband was made redundant and we fell into arrears. We had an agent from picture loans visit us at home to help us sort out repayments and it was agreed that the interest would be stopped on the loan and we would make a payment in excess of our normal monthly payment. Picture stated that they didn't want to put us further into debt and didn't want to increase the duration of the loan. We have been doing that since then even when we had caught up with the arrears we chose to keep up the same payment in the hope we would pay the loan off sooner than expected. However we found out that Idem added on nearly £10,000 in interest when they took over the loan and have stated that picture loans only suppressed the interest and not show it but still charge it in the background and that they have chosen to be transparent and detail all interest. The only documents that they have ever provided to me is a very badly photocopied loan agreement which appears to be of the original loan agreement with picture. It is not readable and I have asked a number of times for all written correspondence as I did have it in writing from picture regarding the agents visit and the decision to stop interest on the loan so would have presumed they had this as well from picture. They have never provided any documents though. I haven't sent an SAR request would this be useful and what do I need to ask for if so?

I have contacted the financial ombudsman service and am currently awaiting a further response from an ombudsman but the adjudicator stated already that they can only look at issues that have arisen since April 2014 as that was when there jurisdiction started on this type of loan and as the interest was added prior to this date they cannot look into it.
We are still currently paying the same overpayment each month but this should have been the final month of payment and we still have a balance of around £20,000. I apologise if I have missed any information off I just don't know where to start with this as idem just don't seem to be interested at all and I really hope there is something that can be done otherwise I fear we may be paying this off for the rest of our lives. Thank you in advance.

Radz7
Newb
Newb

Posts : 5
Join date : 2017-07-03

Back to top Go down

Re: Idem servicing

Post by actinglikeabanker on Tue Jul 04, 2017 1:19 am

Hey,

Just as a start and with regards to subject access request's here are some links that should hopefully give you some pointers on how to ask, and what you can ask for,

For the public := https://ico.org.uk/for-the-public/

For Organisations := https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/

Data Protection Act 1998, section 7 would be a good starting point := http://www.legislation.gov.uk/UKPGA/1998/29/contents

The legislation is probably not required reading at an early stage but helpful in seeing what legal weight you can throw behind requests, if you need to.

Additionally, some text under the public/organisation links may well be summarised for public/organisation consumption. I personally like to cross reference with the actual legislation to try and avoid any confusion.

If you do place a SAR you may wish to send this to both 'picture loans' & 'Idem' to see exactly what info they both have.

This link may come in handy if you decide to read the legislation := http://www.memidex.com/

There are more options for your situation than just performing a SAR, I wish I could be more helpful but my brain is a bit fried from reading legalese at the moment.
avatar
actinglikeabanker
Not so newb
Not so newb

Posts : 445
Join date : 2017-05-10

Back to top Go down

Re: Idem servicing

Post by iamani on Tue Jul 04, 2017 1:39 am

Hi Radz7

Hope you don't mind some questions missus?

OK, Picture Loans loan 10 years ago. Did you have PPI?

Re: PL agent's visit - did it result in a written/signed agreement? Was it written anywhere that they wouldn't increase the debt and/or duration?

How long after this new 'agreement' did Idem take over?

What documentation did you receive from either party regarding the sale of your 'note?

When you asked for all written correspondence did you do it in writing? Do you have copies?

Are you prepared to learn? There's lots of help available here, but ya gotta show willing!

Cheers!


iamani
Not so newb
Not so newb

Posts : 681
Join date : 2017-05-01

Back to top Go down

Re: Idem servicing

Post by Waffle on Tue Jul 04, 2017 7:48 am

Hi Radz,

If I read your post correctly, it appears picture was bought out by idem or they are th OC and picture the agent.

Regardless if you have asked for a copy of the agreement and they have sent an unreadable copy your in good stead. There have been cases in court that have been dismissed because "creditors" have failed to provided a readable agreement....,

I don't think it is adequate for them to provide an inadaquate copy of the agreement especially when the companies have changed hands.

If it were me I would write them a letter saying that you are very dissatisfied and very confused about the current circumstances. They have failed to provide a readable agreement and any document referred to within it. As such I am not in a position to continue making payments until these issues are resolved. I am pleased to be working with you on the issues and look forward to resolving this in an orderly way.

When ever you request a copy of the agreement make sure you also ask for a copy of the executed agreement any document referred to within it, as these make up part of the agreement.

From here this should by you time to research and work out what's going on.

We have a template SAR request in the debt forum, if you wish to use that and have any questions please ask. I would recommend using a SAR as it shows you are taking all readonable steps to acquire ALL the documentation you are seeking as the "creditor" has failed to provide them and a large sum of additional fees £10,000 has just piped up out of no where.

They really can't do much all the while the account is in dispute, and like lamani says there is help here. Some of us can offer advice and guidance.

Good luck

Waffle
Not so newb
Not so newb

Posts : 703
Join date : 2017-03-27

Back to top Go down

Re: Idem servicing

Post by Waffle on Tue Jul 04, 2017 8:49 am

Here is the link to the subject access request

http://goodf.forumotion.com/t370-subject-acess-request

Waffle
Not so newb
Not so newb

Posts : 703
Join date : 2017-03-27

Back to top Go down

Re: Idem servicing

Post by Radz7 on Tue Jul 04, 2017 9:35 pm

Thank you everyone I really appreciate any advice.

iamani - I don't mind questions at all.

We didn't have PPI on the loan.
After the agents visit Picture followed up with a letter to us confirming what had been agreed with the agent and the new payment plan. It was in writing that they would stop the interest although I can't remember the exact wording. Although the problem is that we don't have any paperwork after end of 2011 as we had a home invasion in which all our paperwork was lost (a whole filing cabinet was emptied and ended up covered in blood so it all had to be destroyed).

It was the beginning of 2009 when the new agreement aS made with picture and idem servicing took over the loan in September of 2011 so over two years after the arrangement was made with picture.

I can't remember exactly what we received but I do remember a letter telling us that the loan was moving to idem servicing and then we had quite a lot of contact from idem servicing asking us to complete income and expenditure forms which we refused to do as we were already making overpayments anyway.

I asked by telephone for the documents as at the time I wasn't aware of an SAR request.

I certainly am prepared to learn though!!

I have also just found a letter within my documents from idem servicing which says that they have undertaken a review of our account and note that whilst we are making regular payments towards our loan the amount we are paying is not enough for us to repay the loan within the term from the original payment amount. They state that in order to correct this position so that our account will pay down within the agreed term they wanted to increase our monthly payment from the original contracted amount of £413.75 to £437.19. Now we have been paying £500 a month since we made the agreement with picture so technically we should have paid it off earlier from what they are saying in this letter.
Can I use this letter to begin with against idem servicing as that clearly says we will pay it off within the agreed term of the contract if we paid the extra amount which we have been and more?

I hope this all makes sense. Again thank you so much for all and any help and advice.


Radz7
Newb
Newb

Posts : 5
Join date : 2017-07-03

Back to top Go down

Re: Idem servicing

Post by iamani on Wed Jul 05, 2017 12:57 am

Hi Radz7

It's a good job you want to learn, and a good job you don't have to rely on me! ALAB and Waffle know lots of good stuff.

No need to mention the letter you have at the moment, top of the list is the SAR. Waffle's is great and seems to cover everything you need, and ALAB's links are always relevant. As ALAB suggests send requests to both parties (though i suspect Picture Loans is no more...). Keep copies and send letters via 'posh' post, keep receipts, print out and retain delivery report. You might like to address the CEO like so: John James Doe in his private and unlimited capacity. You may also wish to qualify/reserve your signature/autograph.

Make the final payment and cancel the dd/standing order. Open a new bank account and arrange to make subsequent payments into that. Advise Idem of this via Notice, to be included with the SAR.

As a precaution you may wish to look into putting any equity in your home into trust or some other security arrangement.

The SAR response should explain the discrepancy with the payment amount with any luck. Do you have bank statements to show your payments were made consistently to one account?

i suspect the agent from PL may have stitched you up and had you sign a new loan agreement and it was sold on before you caught on. The fact that Idem asked you to complete income/outcome forms suggests either your note was sold 'in default' or that they need your signature on something to legitimise their claim.

Any questions missus?

Cheers!

iamani
Not so newb
Not so newb

Posts : 681
Join date : 2017-05-01

Back to top Go down

Re: Idem servicing

Post by daveiron on Wed Jul 05, 2017 9:30 am

Hi Radz7,

Not taking away what iamani has posted,but regarding trusts.
From what i have learned from a friend who has had success in court using a trust .Its not a last minute thing that will work. If you wish to go down that route its probably a very good thing to do,but way way before there is any dispute ,also its not a do & forget thing .From what i understand you may need to show that the trustees are being shown to administer the trust and this needs to be shown over a period of time ,otherwise it is likely to judged a sham trust.


SHAM TRUST. A trust that is created for the purpose of safeguarding property from ones creditors in the event of bankruptcy or insolvency.In such a case the requisite intention to create a trust is not present if it is clear that its existence is meant only as an "insurance" and will be considered a sham (Midland Bank v Wyatt [1995] 1 FLR 696).


daveiron
Not so newb
Not so newb

Posts : 545
Join date : 2017-01-17

Back to top Go down

Re: Idem servicing

Post by iamani on Wed Jul 05, 2017 10:20 am

Hi all

daveiron - thank you

Radz7 - he's right, it is more of an advanced technology. Worth looking into for future though.

Cheers!

iamani
Not so newb
Not so newb

Posts : 681
Join date : 2017-05-01

Back to top Go down

Re: Idem servicing

Post by Radz7 on Wed Jul 05, 2017 1:54 pm

Thank you actinglikeabanker and waffle I will make a start on the SAR request.

iamani when you mention 'notice' is that what waffle had mentioned with writing a letter to say that I am dissatisfied?

Waffle - the executed agreement - is this from when idem servicing took over the loan?

I have all the payments showing on bank statements, as it was made as a card payment it clearly shows it as Idem each month. I also have a breakdown that the financial ombudsman sent to me that shows the payments we have made so these cant be disputed. We never signed anything with the agent so as far as I know the loan term is still the same.

I am about to look into the SAR request so I may have more questions later on with regards to what I need to ask for.

Also don't worry I wasn't going to look into putting the equity in the house into a trust as I know this is a long drawn out process that is supposed to be established for a long period of time.

Thanks again

Radz7
Newb
Newb

Posts : 5
Join date : 2017-07-03

Back to top Go down

Re: Idem servicing

Post by Waffle on Wed Jul 05, 2017 5:44 pm

An executed agreement is a signed agreement. It is the original and should be the only agreement for the loan.

Its important that you ask for the agreement and any document referred to within it because they are also part of the agreement. Without the executed agreement and any document referred to within it then it is an improperly executed agreement which is very bad news for them.

If they have changed the agreement and there is no recollection of this and no recollection of the original executed agreement under s61(a) of the consumer credit act 1974 it is only enforceable by a court of law. Without those its an uphill battle for them, even if its post 2007 and especially given the circumstances you have explained.

At the moment from what you have explained NOBODY knows what the agreement and its subsequent changes actually are........

Waffle
Not so newb
Not so newb

Posts : 703
Join date : 2017-03-27

Back to top Go down

Re: Idem servicing

Post by petesomething on Wed Jul 05, 2017 6:01 pm

HI If you did have ppi how would you claim ?

you would need a readable credit agreement , you need a true copy you can read or that agreement is just a piece of paper


Last edited by petesomething on Wed Jul 05, 2017 6:03 pm; edited 1 time in total (Reason for editing : add)
avatar
petesomething
Admin
Admin

Posts : 252
Join date : 2017-02-24
Location : NORTHAMPTON

Back to top Go down

Re: Idem servicing

Post by Waffle on Wed Jul 05, 2017 6:13 pm

Petes absolutely right, perhaps you could be asking for a readable executed agreement and any document referred to within it.

Waffle
Not so newb
Not so newb

Posts : 703
Join date : 2017-03-27

Back to top Go down

Re: Idem servicing

Post by petesomething on Wed Jul 05, 2017 6:27 pm

Radz7

you have acknowledge the debt because you have been paying the alleged debt , do what waffle told you write to them and say you want a true copy of the agreement or you will stop paying , if they have no true copy stop paying , there chances in court are very low , to nothing
avatar
petesomething
Admin
Admin

Posts : 252
Join date : 2017-02-24
Location : NORTHAMPTON

Back to top Go down

Re: Idem servicing

Post by iamani on Wed Jul 05, 2017 7:27 pm

Hi Radz7

Yes, pretty much. You are giving them notice that you have noticed certain irregularities in your account that need addressing. If you mention the word 'notice' it is seen as more than just a letter if you later use it as evidence of your due diligence/honorable standing.

What petesomething is saying is correct, but the more evidence you have the better. Courts have been known to 'fudge' so best to do anything you can to forestall that.

Just out of interest, are you aware of things like 'The great British mortgage scandal', the whole money scam and the issues with the 'legal name' fraud? If not, you might want to check them out. It's better than telly....

Cheers!

iamani
Not so newb
Not so newb

Posts : 681
Join date : 2017-05-01

Back to top Go down

Re: Idem servicing

Post by Radz7 on Wed Jul 05, 2017 8:13 pm

Great thanks you all for all your advice I have taken it all on board. I'm just starting the SAR request and just wondered with it being a joint loan do I address it from both of us as I don't want them withholding anything that may have been in communication with the other one, if that makes sense. Also it is still in my maiden name even though I've told them umpteen times that my name has changed to the same as my husband? Is it advisable to send a check for £20 with it being two of us requesting it or does it still only need to be £10?

Thanks again

Radz7
Newb
Newb

Posts : 5
Join date : 2017-07-03

Back to top Go down

Re: Idem servicing

Post by Waffle on Wed Jul 05, 2017 8:23 pm

You should both endorse (sign and print) just to keep them from wriggling out and I would also inform them of your maiden name in the letter or as a separate letter attached, if you really wanted to make sure you could always send a copy of your certificates that certify your name has changed, whatever they may be, just make sure you only send them a copy of any certificate and not the original. They will then have full records and no excuse.

Its one SAR so its a £10 fee, thats it.

Waffle
Not so newb
Not so newb

Posts : 703
Join date : 2017-03-27

Back to top Go down

Re: Idem servicing

Post by Radz7 on Wed Jul 05, 2017 11:40 pm

Brilliant thank you I will get on with this. I have been reading quite a bit in to SAR requests so hopefully will fully understand it and my rights. I heard back from the financial ombudsman today and the adjudicator is looking into the letter that I found as it is dated October 2014 and it became their jurisdiction in April 2014. He advised to put the SAR request in as well. Thanks again everyone I will keep you all updated

Radz7
Newb
Newb

Posts : 5
Join date : 2017-07-03

Back to top Go down

View previous topic View next topic Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum