Getting myself out of debt

[Pat]

I do not want to highjack this thread but I need to make something abundantly clear. It is Roger’s incoherent rambling, use of capital letters and underlining which also makes his posts inaccessible to people with cognitive differences.

Let’s get something straight. I am not being disrespectful of JCS ( by the way Roger you called them JLS so I was taking the micky out of you). I was quoting from their website- fixed fee from 600 and I think advocacy I.E representation in court 350 + VAT. If you have a large claim I would absolutely advocate using a lawyer but also remind people they have a choice. Yes take the free advice and act on it if you see fit.

Roger, can you point me to where it says the administrators sent the DN as opposed to Safetynet. The FCA page says the company is not issuing new loans but must follow other standards.

As for DCA reading this and other sites, that’s ok unless they can identify you because of dates and amounts. Also do we really want them to fix their mistakes? Each time they fix one, our arguments become harder.

I am fine with people posting truly anonymised diaries but do not agree with ‘ordering’ them to do it. Suggest in a friendly way such as- it would help if you could make a diary set out like this but make sure it is anonymised for example rounding up figures to the nearest 20 or 100 as appropriate.

[Roger]

SafetyNet Credit are in Administration
The Administrator has sent a Default Notice

Now a Default Notice means the Account can be rectified which prevents it from being CLOSED!
But the Company is in Administration?
I AM NOT SUGGESTING debrag does RECTIFY this!

No two debts are the same and this one raises a number of issues beyond my knowledge and experience.
@Debrag is to be thanked for a good Diary!!! Precisely for ringing the alarm bells.

[The Tech Clerk]

Tainting our Solicitors will be deemed out right laddish, and will not be allowed, this is the last time of warning, if people do not like the way we have operated assistance where possible, then there are other sites to lambaste posters. this is not a debating site and over the many years is a system (sometimes changes with situations) it stays.

[Still Waving]

The treasure that is AAD is the shared experience of Diaries and advice.
Of treating with curtesy and sympathy those going through the trauma of Debt, often not of their own creation.
You will surely have noticed the request for Diary information that is a constant request, and the reluctance to give speculative suggestions.
I am very glad that I shared mine and others theirs.

Absolutely, and it is a process which has helped me and countless others over the years. Discovering AAD and the selfless help provided by the mods and other members changed my life immeasurably for the better. This is the reason why I am still here years after SB, to try to help others in a modest way.

As for those people who don't want to provide the anonymised diary information in the way that many others have in good faith - I can't help thinking that they are probably in the wrong place.

[Roger]

oh Roger you do make me laugh with your incoherent ramblings. Isn’t talking about oneself in the third person a sign of something? How very heteronormative and binary you are!

just for the record, in the right circumstances it is only pragmatic to instruct a lawyer but it was a litigation executive who told me for a debt of £1500 it was not worth instructing them. Let’s look at JLS oops I mean JCS , £600 for a defence and another £420 for representation. That’s over £1000 for a £1250 debt and no guarantee of a win. However for a £23000 debt, go for it.

I am only trying to help the OP. Yes keep records they will be good. You however insist on a public diary and we know claimants have used comments made on forums ( or fora for those taught Latin), a funny thing happened on the way to the forum.

im here to help the OP not stroke your ego

The treasure that is AAD is the shared experience of Diaries and advice.
Of treating with curtesy and sympathy those going through the trauma of Debt, often not of their own creation.
You will surely have noticed the request for Diary information that is a constant request, and the reluctance to give speculative suggestions.
I am very glad that I shared mine and others theirs.

Also I am very pleased that DCA's and others trawl AAD!
In fact I welcome this because my own experience is they know when their tactics have been discovered and how these can be defeated.
They very quickly identify the sources of stock letters and hence through experience adjust their tactics accordingly!
They know where to trawl through these stock Letters.

Here we are seeing a despicable tactic in NOT issuing a DN BUT reporting to CRA's a debt!
Deliberately NOT issuing of a Default Notice so that they can report to CRA's without a time limit!
Issuing a DN before selling to a DCA adds value to the sale of the Debt by giving the DCA's six years to badger and pester for a debt and yes the CRA's for a further six years.
Oh I do hope they read this.
It is a disgrace this tactic which means trashing a poor debtor Credit for what 3 years then adding a further 6 years!

Please DO NOT speak or write about JCS in this disgraceful way on this forum!

My own personal experience of JCS has been of a thoroughly Professional expertise. Always honest and pragmatic.
They offer to AAD this intial advice for free!
Well stands to reason that a good diary goes a long way adding real value to such advice when the facts are already set out in the Diary!

[Pat]

No 2 debts are the same which is why the Diary is so important Roger has just set out what he is seeing and commenting on possible issues.
Rolling Credit A/c's have proven to be UE its all in the Diaries!

LOOK the Account was opened October 2017 payments stopped Sept 2019 - to me this looks like an Old Debt(s) being paid of.
Hence my question was this used to pay of an existing OLD DEBT because if the Old Debt was UE then this is just dressing a turd!
See a S.78 might be EN forcible BUT if its NOT NEW money the S.78 becomes only half the story!

I cannot comment on Pat never seen her Diaries.
Its clear Her

oh Roger you do make me laugh with your incoherent ramblings. Isn’t talking about oneself in the third person a sign of something? How very heteronormative and binary you are!

just for the record, in the right circumstances it is only pragmatic to instruct a lawyer but it was a litigation executive who told me for a debt of £1500 it was not worth instructing them. Let’s look at JLS oops I mean JCS , £600 for a defence and another £420 for representation. That’s over £1000 for a £1250 debt and no guarantee of a win. However for a £23000 debt, go for it.

I am only trying to help the OP. Yes keep records they will be good. You however insist on a public diary and we know claimants have used comments made on forums ( or fora for those taught Latin), a funny thing happened on the way to the forum.

im here to help the OP not stroke your ego

[Roger]

No 2 debts are the same which is why the Diary is so important Roger has just set out what he is seeing and commenting on possible issues.
Rolling Credit A/c's have proven to be UE its all in the Diaries!

LOOK the Account was opened October 2017 payments stopped Sept 2019 - to me this looks like an Old Debt(s) being paid of.
Hence my question was this used to pay of an existing OLD DEBT because if the Old Debt was UE then this is just dressing a turd!
See a S.78 might be EN forcible BUT if its NOT NEW money the S.78 becomes only half the story!

I cannot comment on Pat never seen her Diaries.
Its clear Her really issues are against percieved lawyers fees.

Really pleased that AAD has worked for her but Legal Tactics ARE important
SILENCE is golden and there is ongoing and changing CASE Law
The Default Notice (CASE LAW) is currently the starting point for Statute BAR.
Here however the Debt has been reported to the CRA's there is a time limitation here but does it apply inthis CASE (I DON'T KNOW)

Dormant Account again I don't know with a Debit!
Why was there NO Default Notice?
Can this be rectified by an Agent (Receiver) ? DON'T KNOW whether there are precedents for this!

In short I DON'T know Whether this has only 2 plus years before it is Statute Bar on last payments and your SILENCE
or the clock has restarted with the DN.
I don't know whether it may be UE, because these Old rolling credit A/cs proved UE (see the Diaries)
Two many questions and I DON'T know the answers.

Just make Notes make certain that the Diary is up todate and you are doing so well. Come back here with any new developments for the moment SILENCE

[Pat]

Just a few observations
1) A NOSIA is, if I am correct, sent long before a S87(1) DN so do not think that makes a difference
2) Rolling credit is essentially the same as a credit card. Back in the day HSBC used to run a rolling current account, much like an overdraft today. The more you paid off the mod you could access the funds.
3) It is important to know who sent the default notice. I suspect it is speedy credit or their parent company, could you confirm?
4) The limitations Act applies a limit of 6 years from the cause of action, with a few exceptions.
5) As I said earlier and Roger agreed with, it is likely the debt will be sold on so be on the ball.

I managed to see off many PDL companies and debt purchasers, it’s not necessarily easy but can be done. This is in effect a PDL in another wrapper.

[Roger]

Yes a rolling credit. Sorry I didn't make it clear above but they are now chasing me that is what I asked questions. I got the 'pay before 30 June' email and letter.

Yes I understood that.
A SAR at somepoint will be required.

Now the question is the reason for the A/c! Was this to pay off an existing Debt elsewhere. Rolling Credit was used that way! If So were SafetyNet Credit aware of this?
Was it an existing Debt or New Debt? This is important also is it secured in any way?

Status: Arrears/Dormant October 2019

A Dormant Account? (The presumption is for CREDIT Account not Debit hence an issue of the legal position)
Dormant Bank and Building Society Accounts Act 2008

".. A dormant account is not the same as a closed account. A dormant account is an account that has had no activity for a long period of time, usually between three and five years. .."


Creditkarma has it opened but delinquent, clearscore has it as 'in arrears' - missed payments since May 2019. Will it fall off one but not the other eventually?

This has been reported CRA's and this is acting to your detriment because of your credit rating!

Consumers’ debts come with an expiration date known as a statute of limitations that limits the timeframe collectors can pursue legal actions against you.

Now your question is about a DORMANT DEBT ACCOUNT in the hands of an Administrator! Who has issued a Default Notice ? but in their or SafetyNet Credit name?

My understanding is they would have to send a LETTER BEFORE CLAIM before they could SUE you.
Most likely this is to Sell the DEBT with other DEBTS.

I hope you can see its a can of worms isn't it?
I would wait and see what happens next!
It will help you and AAD if you can remember if this Loan was for an existing Debt or was New Money!

[debrag]

You say this was an overdraft type of loan. Do you mean that this is revolving credit- you have an amount you can take and as you pay it off you can then take more. I think this might be more accurately described as revolving credit. If that is the case a S78 request might be appropriate at some point. However if they are not actively chasing you it might be unwise- I certainly wouldn't do anything at the moment.

Yes a rolling credit. Sorry I didn't make it clear above but they are now chasing me that is what I asked questions. I got the 'pay before 30 June' email and letter.

[debrag]

Do you realise they are in administration - I suspect that this is why you have been sent a default notice https://www.safetynet.credit

Therefore, at some point I suspect the debt will be sold to a debt purchaser. However I think the parent company is still registered by the FCA and has to follow the FCA procedures

https://register.fca.org.uk/s/search...type=Companies

If and when it is sold on, that may well be the time to send the S78 request- do you still have a copy of the agreement?

yes I do and that it why was wondering what they can do. No I don't still have the agreement.

[Roger]

BUT they had been issuing NOSIA notices for several years implying that a Default Notice had been issued and or that the Account had been closed?

Happened with some of my Debts ! Closed without DN and then later issued DN on closed Accounts (A NO NO)
I don't know. Your Choice but remember the DCA's have COMPLEX LEGAL ISSUES OVER OWNERSHIP and Agencies and Authorisations.
I DON'T PRESUME AND I DON'T ASSUME just record in your Diary (well done) so that when and or if you require legal advice the information is there to help YOU.
THIS IS THE AAD WAY

If matters progress then by all means (excellent suggestion) but for the moment SILENCE
https://debtcamel.co.uk/affordabilit...t-record-faqs/

[Pat]

If you read the FCA notice it says 'This firm is in administration. It has stopped taking on new business but has to continue to meet our standards in dealing with its customers'. Therefore it is able to send the required notices which maybe includes the S87(1) DN. As this is in totality £1200 I doubt very much it would be appropriate to pay for legal advice. If it all got heavy you might be able to make an offer for less than legal fees- just something to keep in the back of your mind.


Usually, administrators sell on the 'book' to a debt purchaser such as Lantern. Depending on when and if, that may be the time to send the S78 request but if it were me I would wait until I got some unwanted attention from them.

Have you made an affordability complaint? Have you had any emails about them?
https://debtcamel.co.uk/affordabilit...t-record-faqs/

[Roger]

Which raises the legal question can an Agent (Administrator) send a Default Notice!
Because SafetyNet Credit were sending
2021 May - NOSIA notice of sums of arrears email received
2022 October - NOSIA notice of sums of arrears email received

Since SafetyNet Credit are in Administration it seems the question they can't send a Default Notice
So the legal question is can their Agent?
I don't know even whether they can honour a S.78 request.

As I pointed out
".. At some point you will probably need legal advice in this matter and the Diary WILL BE IMPORTANT.."
Well done for the Diary!

Don't presume watch what happens but I suspect legal advice will be appropriate

[Pat]

Do you realise they are in administration - I suspect that this is why you have been sent a default notice https://www.safetynet.credit

Therefore, at some point I suspect the debt will be sold to a debt purchaser. However I think the parent company is still registered by the FCA and has to follow the FCA procedures

https://register.fca.org.uk/s/search...type=Companies

If and when it is sold on, that may well be the time to send the S78 request- do you still have a copy of the agreement?