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  • Diana Mayhew
    replied
    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

    Leave a comment:


  • debrag
    replied
    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?

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


  • debrag
    replied
    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?

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


  • debrag
    replied
    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.

    Leave a comment:


  • Diana Mayhew
    replied
    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

    Leave a comment:


  • Roger
    replied
    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)

    Leave a comment:


  • debrag
    replied
    Originally posted by Warwick65 View Post

    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

    Leave a comment:


  • Warwick65
    replied
    Originally posted by debrag View Post

    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.

    Leave a comment:


  • Roger
    replied
    Originally posted by debrag View Post

    Getting emails now
    IGNORE ! MARK THEM AND SEND THEM SPAM!!

    Leave a comment:


  • debrag
    replied
    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
    Getting emails now

    Leave a comment:


  • Warwick65
    replied
    Originally posted by debrag View Post

    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.

    Leave a comment:


  • Timewilltell
    replied
    Well that’s a step in the right direction!

    Leave a comment:


  • debrag
    replied
    Originally posted by Diana Mayhew View Post


    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.
    Last edited by debrag; 11 November 2020, 13:12.

    Leave a comment:

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