GDPR Cookie Consent by SimpleServe Privacy Script Good bye Debt - Hooker Acc's - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Good bye Debt - Hooker Acc's

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #46
    Thanks for comments both.

    Yes Cabot did write to advise debts were unenforceable & nothing after to change that

    Resolvecall left me two very nice notes asking me to call so will do that in the morning and see what they have to say.

    Wife cooked me supper & I am still alive ....

    Comment


    • #47
      Just be careful how you refer to these accounts as they will no doubt record the calls. I would just refer them to their clients letter dated xxxxxx. Just be firm and continue with that line. Do not be drawn into conversation.

      Comment


      • #48
        if it was me I would do nothing save as to make sure no acknowledgement of any debt.?? see what others say???
        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


        • #49
          Originally posted by The Tech Clerk View Post
          if it was me I would do nothing save as to make sure no acknowledgement of any debt

          I agree with you

          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


          • #50
            What I should have said is that in an ideal world you would never talk to them on the telephone but I do understand your desire to get some closure. IF you can sit on your hands that is the best option. If they have said they will call again then write to them telling them not to.

            Comment


            • #51
              Originally posted by Diana Mayhew View Post

              I'll comment on your updates tomorrow when I've read them all in detail.

              I've now looked at all your updates as promised

              I can see that you have just made three F & F settlement offers to Link Outsourcing over the phone. It's not clear whether these were accepted or rejected. Did you make it clear that your call was on a "Without Prejudice" basis?

              However, I can also see that in November 2018 you sent s77-79 CCA Requests for all three of these previously MBNA credit cards, but I can't see whether you sent the documents you received in response to Niddy for his opinion on whether they were enforceable or not.

              I would be surprised if they were enforceable since these are old MBNA accounts (2004/6/7)

              Now would be a good time to send a Subject Access Request to MBNA to see what data they hold on you. I note you sent a SAR to your DMP provider (GP) but you really need to know what MBNA have on file.

              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


              • #52
                Originally posted by Hooker View Post
                MBNA Credit Card ****817
                • Date commenced - 07/07/2004
                • Approx balance at default - £11,499
                • Default - 30/11/2012
                • DMP commenced with Debt Advisory Line 01/04/2013
                • DMP transferred to Gregory Pennington ( DAL take over) December 2017
                • Last payment to GP - September 2018
                • Account owner - Link Financial Outsourcing Ltd
                • Balance - £6,832
                • Status - Default

                CORRESPONDENCE
                1. SAR letter sent to GP - 15/10/2018
                2. Email response from GP - 03/11/2018 including summary of debt ie Owner , balance & reference
                3. Email to GP 03/11/2018 - SAR letter attached and request for release of all information held
                4. 77-79 CCA letter sent 6/11/18
                5. 12/11/18 - Letter from Link confirming Gregory Pennington not acting any more. Please contact us to discuss future repayments .
                6. 16/11/18 - Letter from Link advising account due for an affordability review . Three options to proceed & number for assistance. Assume I ignore
                7. 26/11/18 - Letter from Link - monthly payment overdue . If not paid immediately plan will be cancelled (!) and full outstanding balance due
                8. 17-12-18 Letter advising I am due for affordability review. If we don't hear from you we will continue with repayment plan set up with DMP
                9. 08/01/2019 Letter from Link.. " You have failed to make regular payments in accordance with agreed schedule ( with DAL ) ... and we have cancelled the agreement. Please contact us to discuss
                10. 05/04/2019 Statement of Account - Current balance £6729.05 . Shows £1 Recoverable charge of £1 & Credit of £1 ..
                11. 28/08/2019 Letter from Link enclosing documents reference Sect 77/78 request. The . States accounts are enforceable and requests monthly payment plan agreed. Appears not to be any signed docs
                12. 04/10/2019 Ditto . No £1 charges
                13. 13/01/2020 Letter ..."We would like to contact you to confirm your intentions regarding outstanding balance .."
                14. Regular phone calls & messages
                15. 20/01/2020 Called them back & mentioned paying 40% of debt & they confirmed amounts outstanding as above in email after


                Was this you or Link who "mentioned paying 40% of debt" e.g. a F & F settlement offer, in case I've misunderstood your MBNA/Link updates (it happens )

                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


                • #53
                  Thank you all for response / comments.

                  Addressing those raised by Di in particular ..

                  MBNA Natwest - Letter from Cabot Jan 2019 after my CCA correspondence stated .. Natwest unable to provide documentation..Account currently unenforceable but balance remains payable.

                  MBNA Mint - Letter from Cabot 22 January 2020 - We have been unable to get info'. This means we are not permitted to get CCJ but we can request payment . We would like to talk about payment plan.

                  I spoke to Cabot on 21st January and without making commitment suggested that I may be able to make a one off 40% settlement payment . The response was that the would look into the CCA matters ( they had not got anything on file referring to my original correspondence request) and call me back to discuss 40% offer. I haven't taken a call ( they may have tried) but did receive the CCA response noted above.

                  I am fortunate that I can afford to make the 40% ( little more if forced to) so minded to knock these on the head for piece of mind given my wife's experience & mine following !

                  Comment


                  • #54
                    Originally posted by Hooker View Post
                    MBNA Natwest - Letter from Cabot Jan 2019 after my CCA correspondence stated .. Natwest unable to provide documentation..Account currently unenforceable but balance remains payable.

                    MBNA Mint - Letter from Cabot 22 January 2020 - We have been unable to get info'. This means we are not permitted to get CCJ but we can request payment . We would like to talk about payment plan.

                    I spoke to Cabot on 21st January and without making commitment suggested that I may be able to make a one off 40% settlement payment . The response was that the would look into the CCA matters ( they had not got anything on file referring to my original correspondence request) and call me back to discuss 40% offer. I haven't taken a call ( they may have tried) but did receive the CCA response noted above.

                    I am fortunate that I can afford to make the 40% ( little more if forced to) so minded to knock these on the head for piece of mind given my wife's experience & mine following !

                    I completely understand your motivation to pay these two unenforceable debts

                    I doubt Resolvecall will make another visit.

                    However the FCA Handbook CONC 13.1.6 makes it clear that once the business (i.e. Cabot) knows a debt is unenforceable they should admit it to the customer and not mislead them etc etc

                    FCA Link > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

                    What is the precise name of the owner for each of these debts? Is it Cabot Financial (UK) Ltd which is not authorised by the FCA?

                    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

                    Working...
                    X