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  • Enough now

    Hi everyone, I have been reading with interest your very inspiring posts, which have made me rethink my current financial situation. A bit about me and my situation.

    I began with a DMP in 2008, managed by StepChange. I have let this run completing annual reviews. I found the whole process of letters and threats , one person even contacted the HR department of where I work. I hadn’t ignored any requests for information at all, but found them very intimidating. Complaints to the financial ombudsman didn’t result in anything positive so my faith was lost in a system which should have managed this threatening behaviour.

    The DMP has been paid regularly over this time.
    My my partner isn’t aware of the DMP.

    I have been unwell over the last 3 years, after a shock cancer diagnosis , with subsequent ongoing ill health caused by treatment, and the death of a very much loved father from cancer.


    i feel the need to tackle the rest of this debt now, otherwise it will be running for another 10 years.

    I have taken a look at my current debt all of which would have been initially taken out at some point before 2007. From looking at the many posts I wonder if they are unenforceable.
    So today I have taken the first steps to identify if this is the case, obtaining the obligatory £1 postal order to request the information needed.

    Please forgive me me if I don’t understand the terminology, if I ask questions that may seem to be easily explained.

    I take this step knowing that there are so many supportive people who can guide me through this process, I am happy to take the challenge and feel confident with the support available within this lovely group.

    I will post details of each debt in the required format.

    Thank you all.



  • #2
    Originally posted by Rosebud View Post
    I have taken a look at my current debt all of which would have been initially taken out at some point before 2007. From looking at the many posts I wonder if they are unenforceable.
    So today I have taken the first steps to identify if this is the case, obtaining the obligatory £1 postal order to request the information needed.

    Hello

    You've spent 10 years paying these debts so I wouldn't be surprised if you've paid back far more than you actually borrowed in the first place if they continued to add interest and charges when you began to struggle.

    It's definitely time to take the first step towards establishing which of these debts are enforceable and which aren't.

    If they've been assigned (sold) to debt purchasers then there may be other reasons for a debt to be unenforceable not just the credit agreement.

    And if there's PPI involved then there may be the potential for refunds if they were missold. This would only be realistic if the debt has been sold on so your claim would be against the original creditor.

    Let's see what transpires

    I look forward to helping you on your journey.

    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 0330 053 9340. 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


    • #3
      Originally posted by Rosebud View Post
      Hi everyone, I have been reading with interest your very inspiring posts, which have made me rethink my current financial situation. A bit about me and my situation.

      I began with a DMP in 2008, managed by StepChange. I have let this run completing annual reviews. I found the whole process of letters and threats , one person even contacted the HR department of where I work. I hadn’t ignored any requests for information at all, but found them very intimidating. Complaints to the financial ombudsman didn’t result in anything positive so my faith was lost in a system which should have managed this threatening behaviour.

      The DMP has been paid regularly over this time.
      My my partner isn’t aware of the DMP.

      I have been unwell over the last 3 years, after a shock cancer diagnosis , with subsequent ongoing ill health caused by treatment, and the death of a very much loved father from cancer.


      i feel the need to tackle the rest of this debt now, otherwise it will be running for another 10 years.

      I have taken a look at my current debt all of which would have been initially taken out at some point before 2007. From looking at the many posts I wonder if they are unenforceable.
      So today I have taken the first steps to identify if this is the case, obtaining the obligatory £1 postal order to request the information needed.

      Please forgive me me if I don’t understand the terminology, if I ask questions that may seem to be easily explained.

      I take this step knowing that there are so many supportive people who can guide me through this process, I am happy to take the challenge and feel confident with the support available within this lovely group.

      I will post details of each debt in the required format.

      Thank you all.

      I joined earlier this year after much dithering and wish I had bitten the bullet years before. I have had some fantastic results since joining, and have peace of mind at long last, and all in a few short months. You are in amazing hands here, with caring, sharing people, knowledge is power. Good luck on your journey Rosebud!

      Comment


      • #4
        Hi Rosebud.
        welcome to your new home.
        please feel free to ask any question you like and we will answer it as soon as we can.

        please just remember we are volunteers on this site and sometimes we may seem to be here 24/7 we do have to do the General things in life. Eat. Sleep. Clean. Shop. Put the hubby back in his place.

        we are not here to judge, just to help people get back in charge of their life and help explain the debt process in easy to understand English.

        we look forward to helping you
        NW xxx
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Hi nightwatch , thank you, I know you are volunteers which is amazing not sure how you fit everything in. I will be mindful of that , letters have all been completed now. Will send then recorded delivery tomorrow, get the ball rolling. Will post updates. Thank you again I feel very reassured of the amount of support available. Xx

          Comment


          • #6
            Originally posted by Diana Mayhew View Post


            Hello

            You've spent 10 years paying these debts so I wouldn't be surprised if you've paid back far more than you actually borrowed in the first place if they continued to add interest and charges when you began to struggle.

            It's definitely time to take the first step towards establishing which of these debts are enforceable and which aren't.

            If they've been assigned (sold) to debt purchasers then there may be other reasons for a debt to be unenforceable not just the credit agreement.

            And if there's PPI involved then there may be the potential for refunds if they were missold. This would only be realistic if the debt has been sold on so your claim would be against the original creditor.

            Let's see what transpires

            I look forward to helping you on your journey.

            Di
            Thank you Di, I Think your very right I probably have paid back more money. The debts have all be sold on now, some a couple of times. I will collect all the info and update with details. Just wanted to get the letters completed which I have done tonight. Feel much better already, cant tell you how much I value the support.
            Kind Regards.
            Last edited by Rosebud; 22nd October 2018, 18:42.

            Comment


            • #7
              Hi , well all letters have now been send 1st class recorded will see what turns up then.
              In relation to the 12+2 days is this working days ?

              Comment


              • #8
                So now debts , I will complete one entry for each.

                Type of account : credit card ( previously MBNA )
                date commenced : ? I haven’t got any documentation , but it will be before July 2008.
                Approx balance : £2525.48
                Date last paid: before July 2008
                On DMP , running from July 2008
                Status : default
                Account owner : Idem servicing

                26/06/09: letter from MBNA re my ‘financial difficulties ‘.
                04/10/11: letter from MBNA re my ‘financial difficulties ‘.
                04/10/11: Default notice, to remedy this ‘breach’ need a payment of £5402.44
                22/11/11: letter from MBNA informing me that my account has been terminated £7366.05 outstanding.
                25/01/12: welcome letter from Idem
                04/01/13: statement
                06/01/14: statement
                05/01/15: statement
                03/10/17: letter sent to Idem offer F&F
                10/10/17: letter from Idem stating they are unable to accept F&F offer.
                04/01/18: statement
                18/09/18: letter from Idem thanking me for my recent CCA request.
                02/10/18: letter from Idem stating they are unable to supply me with a cope of CCA......
                13/10/18 letter received today from MBNA advising me that they should have sent me a Notice of Sum in arrears ,
                in AUGUST 2009, as a result of an error that didn’t happen.
                So to put things ‘right’ they are advising me now. They also included an ‘arrears’ leaflet.
                Not bad really is it only 9 years later than when I should have received it.
                Last edited by Rosebud; 22nd October 2018, 17:42. Reason: Update with historical letters

                Comment


                • #9
                  Type of account : Marks & Spencer personal reserve
                  date commenced : before July 2008
                  Approx balance : 1588.18
                  Date last paid : before July 2008
                  On DMP from July 2008
                  Status : default
                  Account owner : Idem servicing

                  09/11/09: letter from M & S advising that the monthly offer is acceptable.
                  23/12/09: letter from M & S acknowledging sum of £27.68, enclosing a’giro slip’.
                  17/11/10: letter from M & S requesting me to contact them .
                  26/02/13: letter from M &S to inform me that the account has been sold to Brittanica Recoveries S. a.r.l- Madison. They have appointed Moorgate Loan Servicing Limited as agent, outstanding amount was £2764.85.
                  13/11/13: statement
                  16/04:14: statement
                  04/03/15: F&F offer made
                  12/03/15: letter from Moorgate wanting financial statement to consider my offer
                  08/04/15: letter from Moorgate wanting to know of priority debts are up to date....
                  16/04/15: statement
                  28/04/15: letter from Moorgate declining my F&F offer
                  18/04/16: statement
                  3/11/16: letter from Moorgate informing me that my account has been purchased by Idem.
                  23/11/16: Welcome letter from Idem
                  04/01/17: statement
                  18/04/17: statement
                  12/10/17: letter from Idem acknowledging my offer to pay F&F , need further information,
                  24/10/17: letter from Idem stating they have been unable to contact me ...
                  05/11/17: F & F offer sent by post.
                  10/11/17: letter from Idem declining my F&F offer....
                  16/04/18: statement from Idem
                  14/09/18: CCA request sent.
                  19/09/18: letter from Idem thanking me for my recent CCA request.
                  02/10/18: letter received from Idem thanking me for my CCA request , unfortunately they are unable to supply me with a copy ..
                  Last edited by Rosebud; 22nd October 2018, 17:33.

                  Comment


                  • #10
                    Type of account : MINT CC,
                    DATE COMMENCED : before July 2008
                    approx balance : 4375.20
                    Date last paid , prior to July 2008
                    On DMP SINCE JULY 2008
                    status : default
                    Account owner : Cabot Financial ( for Westcott).

                    23/06/2008: DEFAULT NOTICE sent from MINT.
                    15/07/2008: Letter from MINT ‘account termination’.
                    28/09/16: statement from MINT
                    11/07/16: letter form MINT informing me that they have now ‘partnered ‘ with Wescott Credit Services Limited.
                    20/07/16: letter from Wescott advising that account placed with them to manage.
                    14/09/17: notice of assignment from MINT, account was transferred to Wescott on the 3/07/17.
                    15/09/17: letter from Cabot Credit Management Group, advising now new legal owner.
                    03/10/17: letter sent offering F&F
                    17/10/17: letter from Wescott stating unable to accept F&F offer.
                    19/02/18: statement
                    04/07/18: statement
                    14/09/18: CCA request sent via recorded delivery.
                    24/09/18: letter from Cabot acknowledging request for CCA. Unfortunately this is not available .....
                    10/10/18 : letter received today stating that my request is still being processed,the original lender has been contacted
                    as the CCA request remains outstanding the debt is unenforceable.
                    They thank me for making payments , ( they won’t yet know that the DMP has been cancelled ).

                    PLAN : file letter

                    6/11/18: letter received from Cabot advising that they have been unable to obtain the information from the original lender, so until they can the account is unenforceable.
                    PLAN : file letter safely.

                    6/11/18: letter received from Westcot acknowledging that Stepchange are no longer acting on my behalf and ,requesting that I contact them urgently.
                    PLAN: file letter
                    Last edited by Rosebud; 7th November 2018, 11:25. Reason: update

                    Comment


                    • #11
                      Type of account : HALIFAX CC
                      DATE COMMENCED : before July 2008
                      Approx balance : 4802.73
                      date paid in full : before July 2008
                      On DMP SINCE JULY 2008
                      Status ? No default letter received.
                      Account owner : Cabot financial

                      16/03/09: letter sent from myself to Halifax requesting that they stop applying interest charges.
                      25/03/09: I receive an email from HR advising that Global international are trying to contact me.
                      31/03/09: letter from global ASKING ME TO NOT IGNORE THIS LETTER.
                      3/04/2009: sent by me to Halifax making a complaint against Global international ( acting for them ) who contacted my HR department at work , when I contacted this person , he was very threatening, encouraged me to borrow money to pay this debt off.
                      06/04/09: letter from Blair Scott and Oliver, acknowledging my complaint.
                      09/04/09: letter revived from Halifax regretting that I had cause to complain.
                      15/04/09: letter received from Halifax , saying how sorry they where about my complaint. They advised me that I may be aware that they have transferred this account to Blair Scott and Oliver , ( no letter was received).
                      21/05;09: letter from Financial Ombudsman Services , they advise that they have written to Global Credit and give me their address as being in Ontario.
                      02/07/09: letter from FOS acknowledging my complaint.
                      17/07/09: letter received from Blair Scott & Oliver, advising that the debt has been transferred to them !
                      28/07/10: letter from BS&O thanking me for maintaining payments. £9247.39 outstanding.
                      15/11/11: letter from BS& O stating that payment hasn’t been received and informing me of amount outstanding.
                      29/11/11: letter from BS&O advising me that my account is in arrears.
                      29/03/12 Letter from BS&O, FINAL NOTICE instalment plan remains in arrears. £8142.55.
                      30/04/12: another letter from BS AND O advising me that account is in arrears. £8077.12.
                      22/5/12: another letter acknowledging payment plan.
                      25/11/13: from Halifax informing me that BS and O will change their name to Halifax Retail Recovery.
                      07/08/14: letter from Halifax accepting payment plan.
                      29/8/14: another letter from Halifax saying the same as previous letter.
                      25/09/14: another letter saying the same as above ( I would have just had a dmp review in August ).
                      6/11/14: letter from Halifax confirming payment arrangements are acceptable.
                      6/12/14: statement of account received from Halifax £ 6114.83.
                      23/07/2015: from Halifax to advise that they have assigned all rights to Cabot Credit Management Group.
                      25/07/15: letter from Cabot to say they have purchased the account. £6027.96.
                      12/04/16: statement received from Cabot £5914.65
                      24/12/16: statement received from Cabot £5558.13
                      24/06/17: statement from Cabot £5331.51
                      24/12/17: statement received from Cabot £5104.89
                      24/06/18: statement received from Cabot £4878.27
                      13/07/18: letter received from Cabot ‘we would like to help you close your account, I could pay £3630.37.
                      14/09/18: CCA request sent.
                      24/09/18: response received stating they do not hold the information on file and will request same from Halifax.
                      24/09/18: letter received from Cabot stating that they have been unable to provide me with the documents, so the debt is unenforceable. They thank me for making payments.

                      WB 8/10/18: Letter sent to Stepchange cancelling DMP, DD cancelled.

                      6/11/18: letter received from Cabot advising that they have been unable to get the information required from the original lender, if this information ever becomes available they will complete my request, but until then my Credit agreement is unenforceable.
                      Last edited by Rosebud; 7th November 2018, 11:16. Reason: New correspondence

                      Comment


                      • #12
                        Type of account : BARCLAYCARD
                        DATE COMMENCED BEFORE JULY 2008
                        approx balance : 4928.94
                        Paid in full : prior to July 2008
                        OM DMP SINCE JULY 2008
                        status : I have no default letter
                        ACCOUNT OWNER : Link Financial

                        4/08/2014: letter from Barclaycard acknowledging DMP company.
                        24/10/16: letter from Barclaycard informing me that they have transferred the account to Asset Link Capital ( No 5) Limited.
                        Letter from Asset Link .... confirming the above.
                        30/09/17: statement from Link Financial
                        31/03/18: further statement from Link
                        19/10/18: statement received from Link, they have applied the £1 CCA request morning the account reducing it to £4880.63.

                        6/11/18: statement received from Link , no acknowledgement whatsoever in repose the of my CCA REQUEST.
                        Last edited by Rosebud; 7th November 2018, 11:28. Reason: Update

                        Comment


                        • #13
                          Type of account : CO-op bank CC.
                          DATE COMMENCED : before July 2008
                          approx balance : £5384.70
                          Last paid in full : before July 2008
                          ON DMP SINCE JULY 2008
                          status: I have no default letter
                          Account owner : Link Financial

                          14/03/11: letter received from Co-Op, stating that the existing DMP has now expired.
                          16/12/14 : letter received from Co-op advising me that the Smile Visa account has been sold to Asset Link.
                          16/12/14: letter from Asset Link Capital (No5) Limited, that the Co-Op have sold the account to them.
                          31/8/15: statement received
                          07/03/16: statement
                          21/9/16: statement
                          16/3/17: statement
                          11/4/17: statement
                          01/06/17: statement this goes back to December 14.
                          19/09/17: statement
                          28/2/18: statement
                          31/8/18: statement
                          14/09/2018: CCA request. Up to today no acknowledgement from them at all.
                          Last edited by Rosebud; 14th October 2018, 15:27. Reason: Update with old letters.

                          Comment


                          • #14
                            TYPE OF ACCOUNT : NatWest cc
                            DATE COMMENCED : June 2005
                            approx balance : £3543.55
                            last paid in full : before July 2008
                            ON DMP SINCE JULY 2008
                            status : no default letter received.
                            Account owner : Cabot financial ( for Westcott).

                            June 2005, Pre approved application received ! no need to complete long form, just sign and return.

                            11/7/16: letter from NatWest informing me that they have partnered with Westcott credit services ltd.
                            20/07/16 : letter from Wescott advising me that NatWest have placed my account with them.
                            28/7/16: statement received from NatWest.
                            13/07/17: letter received from NatWest , giving me notice of assignment to Cabot Financial UK on the 3/7/17.
                            I have found the ‘copy ‘ of the credit agreement.
                            13/9/17, letter from Cabot Financial, informing me that my account has a new ‘legal owner’.
                            03/10/17: F& F offer declined by Wescot ( letter was on their headed note paper ).
                            17/01/18: statement received from Cabot.
                            04/07/18: statement received from Cabot.
                            14/09/18: CCA request sent.
                            24/09/18: letter from Cabot advising they don’t hold the relevant information and have requested a copy from the original lender.
                            8/10/18: letter received stating that they have been unable to supply CCA the original lender has been contacted.
                            They remind me that the balance is still outstanding and that I will be contacted by letter or phone to ask me to pay.

                            They would like like me to set up a personal payment plan.

                            PLAN : File letter

                            6/11/18: letter received from Cabot , advising that we have been unable to obtain the information requested from original lender, if this ever becomes available they will complete my request. But until then the account is unenforceable.

                            6/11/18: letter received from Westcott advising that Stepchange are no longer acting on my behalf, they have requested that I contact them urgently so ‘we’ can agree on how best to proceed.

                            PLAN : file letters safely
                            Last edited by Rosebud; 7th November 2018, 11:37. Reason: Update

                            Comment


                            • #15
                              TYPE OF ACCOUNT : Lloyds TSB cc
                              Date commenced : January 2004
                              approx balance : 8187.90
                              last paid in full : before July 2008
                              ON DMP SINCE JULY 2008
                              status : no default letter received
                              Account owner : Cabot Financial

                              02/01/2004 : letter received offering credit card , applied.
                              08/01/04: letter from Lloyd’s advising my new card is on its way.....

                              July 2008: DMP started
                              01/08/2008: letter from Lloyd’s stating account still in arrears and no arrangements have been made. “It would appear that this account is a low priority for you “ !!
                              02/09/08: letter sent from me advising them the DMP company would have written to them out,inning my position etc ....
                              29/09/2008: letter from Lloyd’s headed DEFAULT NOTICE , requesting £903.64
                              06/02/09: letter from Lloyd’s confirming new payment arrangements.
                              25/08/09: letter from Lloyd’s informing me that my account is in arrears £58.59, and it has been passed onto the Collection centre.
                              24/09/09: as above arrears now £250.80
                              04/10/09: letter from me to Lloyd’s informing them that payments have been made. Stating that they have continued to apply interest to account which has intensified the debt, and breaches the banking code. I requested that interest is stopped. ....
                              13/10/09: letter from Lloyd’s informing me that I have not responded to recent attempts to contact me , an immediate payment of £130.43 is required.
                              13/10/09: letter from Lloyd’s Collections thanking me for contacting them about my difficulties, they enclose and Income and expenditure form ......
                              19/10/09: letter from Lloyd’s with details of monies paid and outstanding payments of £443.81.
                              21/10/09: letter from dmp company advising that Lloyd’s are unable to accept offer as they ‘want a larger payment ‘.
                              22/10/09: statement received from Lloyd’s, interest applied to account of £217.47...
                              30/10/09: letter from CCCS, advising that Lloyd’s are unable to accept payment proposal as they want a ‘larger payment ‘.
                              01/11/09: letter sent from me to Lloyd’s informing them that they will have all the information they need from the dmp provider.
                              02/11/09: letter from Lloyd’s stating that despite previous letters, no arrangements have been made to repay .....
                              03/12/09: letter sent from myself to Lloyd’s informing them that I have indeed replied to their letters , yet no response has been received from them, informed them that I will give them until the 17/12/09 to reply after which I will refer this to the financial Ombudsman Service.
                              04/12/09: letter from Lloyd’s stating they are unable to accept repayment proposal......
                              21/12/09: letter from Lloyd’s acknowledging my complaint, afte4 completing their investigation they are unable to accept my complaint ..... they inform me that the account will be sent to the recovery department, once the legal letters have been sent.
                              05/01/10: letter from Lloyd’s requesting full financial statement, until they receive this normal action to recover money will continue , further letters will be sent before the acquisition sent to the recovery team.
                              19/01/10: letter from dmp provider stating that Lloyd’s are unable to accept payment proposal as they want a larger payment.
                              29/01/10: letter from SCM solicitors advising me that despite several reminders including the issue of a DEFAULT NOTICE, my account remains out of order. Interest will continue to be applied on a daily basis.
                              23/05/10: statement from Lloyd’s, interest applied of £74.78. Balance now £15333.93.
                              22/06/10: statement received from Lloyd’s, interest applied of £72.26, balance now £15308.38.
                              19/05/11: letter received from Lloyd’s giving me notice of missed payment.
                              26/06/11: letter from Lloyd’s accepting payment arrangements, alleluia ! It only took them nearly 3 years.
                              04/07/11: letter from Lloyd’s stating that payments are in arrears..... gosh they know exactly when payments get made as they have been receiving them for nearly 3 years.
                              29/05/12: statement received from Lloyd’s
                              29/05/13: statement received from Lloyd’s
                              21/01/14: letter from Lloyd’s advising that a repayment review is due.
                              29/05/14: statement from Lloyd’s.
                              02/09/14: letter from Lloyd’s advising repayment amount accepted.
                              26/09/14: letter from Lloyd’s confirming repayment arrangements acceptable , payments should be made no later than the 25th of each month.
                              26/09/15: statement received from Lloyd’s
                              05/05/15: letter from Lloyd’s repayment review due
                              23/07/15: letter from Lloyd’s advising that they have assigned all rights etc to Cabot Credit Management Group.
                              It has taken them 7 YEARS to do this .......
                              24/07/15: welcome letter from Cabot Financial
                              12/04/16: statement from Cabot
                              24/12/16: statement from Cabot
                              24/06/17: statement from Cabot
                              24/12/17: statement from Cabot
                              22/01/18: letter from Lloyd’s informing me that repayment proposals accepted, ( dmp provider will have sent letter out ).
                              24/06/18: statement from Cabot Financial (Europe ) Limited
                              14/09/18: CCA request sent.
                              29/09/18: letter from Cabot thanking me for my request for information, ‘we do not hold that information on file and have requested this from the original lender ‘
                              8/10/18 : letter received today stating they they are still processing my request , as such the current agreement is unenforceable, the original creditor has been contacted.

                              They thank me for making payments ( they won’t yet be aware that my DMP has been stopped ).

                              PLAN : file letter.

                              6/11/18: letter received from Cabot advising that they have been unable to obtain the information from the original creditor, if this ever becomes available they will complete my request, until then this account is unenforceable.

                              Plan : file letter safely.
                              Last edited by Rosebud; 7th November 2018, 11:31. Reason: Update

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