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  • Filling in a Financial statement is an admission of debt. Restarts the Statute Bar Clock!!!

    A Letter Of Claim gives you 30 days BUT requires them to show their CARDS (the reason they think they can claim)
    IF you receive a Letter Of Claim I would refer this to @Di

    I would NOT open nor reply to an email from a DCA (my choice) I mark these as SPAM I still make a note of these time and date (even if in SPAM)

    Comment


    • Originally posted by debrag View Post
      Debt 4 JD WIlliams
      Opened: June 2013
      Type: Catalogue
      Current Balance: £1740
      Last payment: £1.00 | July 2018
      Last fill payment: December 2017
      Arrangement: DMP till May 2018
      Status: Default 15/11/2018
      Owner: JD Williams
      2018
      March - Payment arrangement confirmation for Payplan's DMP, not longer using them.
      July - Received arrears letter and fact sheet from FCA

      August - Received letter stating they haven't received payment from Payplan etc etc I have an overdue payment of £78.16. Will it carry on like this forever or will they eventually default?
      August - Payplan agreement finally cancelled by JD Williams
      October - Default noticed recieved

      November - Received letter to say JD Williams has sold my debt along with a notice of assignment letter from Debt Managers (Services) LTD who have been sold the debt, they now act as data controller.
      December - new credit report shows default date of 15/11/2018
      December - Letter received from Debt Managers LTD. Outstanding balance of £1742.18. Pay in full or contact for a repayment plan.
      December - Another letter received from Debt Managers LTD. Outstanding balance of £1742.18. Pay in full or contact for a repayment plan.


      2019
      January - Reply received from my CCA request. Account referred back to JD Williams for a copy of my CCA. Fee is no longer needed for this application. Account on hold.
      April - CCA received. No signature or x appears.
      May - Received 'we may consider taking action letter'
      May - Received another contact within 14 days or we will assess your account with a view to commencing court proceedings.
      May - Received 'urgent response required' email. Alerting me to my account being transferred to Debt Managers Ltd and asking for payment.

      2020
      August - Letter received from Debt Managers. A reminder to pay. No you have to pay by x date.
      August - Letter received from Debt Managers. "We are looking to progress this to our external partner Restons Solicitors"
      October - Letter received from Restons Solicitors.
      November - Letter received from Restons asking me to fill in a financial statement online. Have given me till 13th November then they will issue a letter of claim.
      November - Receiving the same letter as emails now

      The 13th November was last Friday so let me know if Restons solicitors send you a 'Letter of Claim' as threatened.

      A LOC is just a letter not a court claim.

      Di
      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • Originally posted by debrag View Post
        Debt 1 Natwest Loan +OD
        Opened: August 2016
        Type: Loan
        Current Balance: £4889 -> 5667.01
        Last payment: £1.00 | June 2018
        Last fill payment: December 2017
        Arrangement: DMP till May 2018
        Status: Defaulted August 2018
        2018
        March - Collections letter, i+e attached, ignored
        April - closing of accounts letter, payment proposal form attached, ignored
        May - Formal notice of intention to file a default
        June - Notice of arrears in compliance with CCA 1974
        June - Notice of refund of interest (£468)
        June - You have fail to comply letter received
        July - changes to ongoing management of repayment plan, partnered with Wescot, in touch within 14 days to management provider (no longer with them)
        August - yearly statement received
        September - credit report updated and loan is closed. Account defaulted August 2018


        2019
        August - Letter received from AIC they are now managing my account on Natwest's behalf

        2020
        January - Letter received from NatWest to say the collection agent they are now using is Zinc as their previous ones (I assume AIC) couldn't come to a suitable arrangement. I have been sent the same letter for all my 7 accounts! None are active, most were savings accounts and only 3 are on my credit report.
        February - Received letter from Zinc balance of £5667.01 (OD & Loan combined). 'Time is running out' letter
        July - received letter to say their collection agents haven't been able to come to a suitable arrangement so my details have been passed to Moorcroft.
        September - Received multiple letters from Moorcroft stating they have been unable to agree a repayment plan.
        November - Discount offer letter received from Moorcroft.
        So I have received an offer letter from Moorcroft. Doesn't mention the discount though. Will it go round in circles with Moorcroft before they get bored? Have a ways to go to get to SB.

        Comment


        • Have you ever sent a s77-79 CCA Request for this NatWest loan? I can’t see any mention of one in your post history.

          If not then send one now.

          Although you may need to send two since your post seems to say there’s a loan and an overdraft, but maybe they were combined at some stage.

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • Originally posted by Diana Mayhew View Post
            Have you ever sent a s77-79 CCA Request for this NatWest loan? I can’t see any mention of one in your post history.

            If not then send one now.

            Although you may need to send two since your post seems to say there’s a loan and an overdraft, but maybe they were combined at some stage.

            Di
            Yes they appear to be combined with Moorcroft. I don't believe I have ever sent a CCA. Do I send it to Natwest or Moorcroft?

            Comment


            • Originally posted by debrag View Post

              Yes they appear to be combined with Moorcroft. I don't believe I have ever sent a CCA. Do I send it to Natwest or Moorcroft?
              I don’t see how they can combine a loan and a current account overdraft when they two different financial products.

              If/when you pay them a sum of money which debt would be reduced - if you follow my logic.

              Let’s hope these two debts get sold as one account not two because that might give them an assignment issue in future.

              Send one CCA Request to Moorcroft because they usually drop a debt like a hot potato when they receive one, and they send it back to NatWest, who may then ask Wescot to try to collect for a while, before they then sell it to a debt purchaser.

              Di

              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • Originally posted by Diana Mayhew View Post

                I don’t see how they can combine a loan and a current account overdraft when they two different financial products.

                If/when you pay them a sum of money which debt would be reduced - if you follow my logic.

                Let’s hope these two debts get sold as one account not two because that might give them an assignment issue in future.

                Send one CCA Request to Moorcroft because they usually drop a debt like a hot potato when they receive one, and they send it back to NatWest, who may then ask Wescot to try to collect for a while, before they then sell it to a debt purchaser.

                Di
                The money would come off the overall balance I assume, there isn't a breakdown of each debt. Natwest have already used Westcot, would they try them again?

                Comment


                • Originally posted by debrag View Post

                  The money would come off the overall balance I assume, there isn't a breakdown of each debt. Natwest have already used Westcot, would they try them again?
                  I doubt NatWest would go back to Westcot again.

                  With any luck they’ll assign (sell) the account to a debt purchaser who may not have FCA authorisation to issue legal proceedings. And if they amalgamate the two accounts before they sell them that could also muddy the waters for them.

                  Wait and see what comes back from your CCA Request.

                  Di
                  Legal Disclaimer

                  I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment

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