Idem Servicing "agreement cannot be enforced"

[David2017]

Hi
New to the forum
I had an old Lloyds Bank Loan and credit card - well before 2007
I've been paying these and other creditors through Step Change for many years

I wrote to IDEM who now service the debt, asking for a copy of the credit agreement.
Had a letter this morning to say "we are unable to supply a copy of the Credit Agreement... and acknowledge that the agreement cannot be enforced"
"The balance of the account is still outstanding and we will continue to pursue the debt which will include registering any arrears and defaults with the credit reference agencies"
"You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement"

These debts have now been removed from my credit files with Experian and Equifax - after 6 years, so at the moment my credit report is excellent

Can IDEM put a default on my credit report - Lloyds did when I first defaulted?
Over the 2 debts, I owe around £11,000
The last recession was the cause, I can afford to pay the monthly payments through the debt management plan, should I continue to maker the payments?
Should I make a silly offer, I read somewhere 5% ?

Thank you for your help

[nemesis45]

Re: Idem Servicing "agreement cannot be enforced"

Hi
New to the forum
I had an old Lloyds Bank Loan and credit card - well before 2007
I've been paying these and other creditors through Step Change for many years

I wrote to IDEM who now service the debt, asking for a copy of the credit agreement.
Had a letter this morning to say "we are unable to supply a copy of the Credit Agreement... and acknowledge that the agreement cannot be enforced"
"The balance of the account is still outstanding and we will continue to pursue the debt which will include registering any arrears and defaults with the credit reference agencies"
"You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement"

These debts have now been removed from my credit files with Experian and Equifax - after 6 years, so at the moment my credit report is excellent

Can IDEM put a default on my credit report - Lloyds did when I first defaulted?
Over the 2 debts, I owe around £11,000
The last recession was the cause, I can afford to pay the monthly payments through the debt management plan, should I continue to maker the payments?
Should I make a silly offer, I read somewhere 5% ?

Thank you for your help

Good morning [MENTION=676]david[/MENTION] 2017

Once a defaulted account has been removed from the credit files after 6 years it cannot be put back at anytime, so those threats are meaningless.
So this cannot blight your credit profile again.

They correct the debt is still live and because of your payment plan the debt is not statute barred.

It is your choice to continue payments or not.

Certainly you could try a full and final settlement offer, but I suspect Idem regularly check your credit files and will reach a conclusion that you can continue to pay or make an higher F & F offer.
nem

[warwick65]

Re: Idem Servicing "agreement cannot be enforced"

As they have said they can not supply the credit agreement and can not enforce I know what I would do and did 5 years ago.

I stopped paying and have heard nothing from those creditors since although a lot from others.

The danger is two fold
1) They get it in the future so you have to start paying
2) They chance their arm and try for a ccj because the vast majority go undefended.

For my debts I am waiting until Feb 2018 when they will be statute barred.

[David2017]

Re: Idem Servicing "agreement cannot be enforced"

Thanks for your inputs so far. I have now cancelled my direct debit to step change and we will see what happens. It will certainly make my financial situation a little easier.

I will report back if i have any other problems. Thank you

[warwick65]

Re: Idem Servicing "agreement cannot be enforced"

Good luck and remember the advice here is free.

If I may make a suggestion

It is easy to think that every letter needs a reply, some do and some don't imo

Of course everyone has opinions so you will be bombarded with differing ones.

Personally I found it empowering when I took control although there are times we all need help