Getting myself out of debt

[Joanna Connolly Solicitors]

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

[debrag]

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?

[Joanna Connolly Solicitors]

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

[debrag]

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?

[Joanna Connolly Solicitors]

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

[debrag]

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.

[Joanna Connolly Solicitors]

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

[Roger]

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)

[debrag]

what are the emails saying?

Just a reminder many email providers can track when the email is delivered and even when it is read. So while you may indeed decide to ignore, best not to say they were not delivered.

I routinely track important emails and often quote times if I need to follow up.

If was exactly the same as the letter

[Warwick65]

Getting emails now

what are the emails saying?

Just a reminder many email providers can track when the email is delivered and even when it is read. So while you may indeed decide to ignore, best not to say they were not delivered.

I routinely track important emails and often quote times if I need to follow up.

[Roger]

Getting emails now

IGNORE ! MARK THEM AND SEND THEM SPAM!!

[debrag]

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

Getting emails now

[Warwick65]

I received a CCA but there was no signature or x on it and NIDDY told me it is unenforceable.

Remember there is no need for a CCA to contain a signature as a CCA request is for info only. I am assuming Niddy said it was UE for other reasons. As an example, I received a CCA response with the wrong address on it.

[Timewilltell]

Well that’s a step in the right direction!

[debrag]

No, but let me know if Restons Solicitors send you a Letter of Claim.

Am I right in thinking this debt is unenforceable since you have not received a credit agreement in response to your s77-79 CCA Request sent in January 2019?

Di

I received a CCA but there was no signature or x on it and NIDDY told me it is unenforceable.