Good bye Debt - Hooker Acc's

[Hooker]

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 ....

[Warwick65]

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.

[The Tech Clerk]

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

[Joanna Connolly Solicitors]

if it was me I would do nothing save as to make sure no acknowledgement of any debt

I agree with you

Di

[Warwick65]

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.

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

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

[Hooker]

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 !

[Joanna Connolly Solicitors]

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

[Hooker]

Di

Apologies for late reply

Letters come from Stephen Shaw ( Head of Internal Ops) Cabot Financial (Europe) Ltd

[Joanna Connolly Solicitors]

Di

Letters come from Stephen Shaw ( Head of Internal Ops) Cabot Financial (Europe) Ltd

That doesn't necessarily mean that Cabot Financial (Europe) Ltd own the debt

What did it say on your Notice of Assignment (if one was served)?

Di

[Moonmonkey]

I'm new so bare with me - I have just started my CCA journey and see that you are willing to offer 40% as F&F. I am with you, that if any of my creditors come back as unenforceable I will offer a F&F settlement; however i was thinking 5%. I have cancelled my DMP and my first payments will be missed on 21st March 20. I'm scared !!!!

[Moonmonkey]

any luck with the F&F settlements? Hooker





I'm looking to do the same as I don't want chasing letters a threats for 6 years even if they are empty. My plan is 5% offer for unenforceable and 50% for enforceable and negotiate from there. Sent CCA's a week ago and stopped my Standing Order with Payplan and i'm bored with waiting for some action.

[Roger]

I'm new so bare with me - I have just started my CCA journey and see that you are willing to offer 40% as F&F. I am with you, that if any of my creditors come back as unenforceable I will offer a F&F settlement; however i was thinking 5%. I have cancelled my DMP and my first payments will be missed on 21st March 20. I'm scared !!!!

This is a first step towards taking back control of your money and your life instead letting your creditors empty your wallet/purse!
AAD members will all understand being scared!!

Having stopped paying obviously the letters and phones will start appearing at some point. Be mentally prepared for this.
The best suggestion is to put aside what you have been paying into a 'war chest' of savings.
The CCA request is your right as a Consumer it may or may not be EN.
But there are many reasons why a debt is UE not just the CCA this is where your Diary becomes important!

In a little while you will wonder why you every agreed to pay in the first place!

Now without knowing all of the details of your debts remember that in England statute barred is 6 years (there is recent Case Law about this start Date involving Default Notices) however the date of your last payments sic April 2020 is probably your starting date towards statute barred.
I say this because F&F is most likely to be seen as restarting this Statute Barred date (ie another 6 years).
Now the other consideration is the 6 year reporting on your Credit Scores (Experian etc..)
My advice is offer nothing and post up here letters etc received. Be SILENT no emails, txt's, sms, phone calls. Everything from now on SNAIL (Post Mail and proof of postage).
SIT ON YOUR HANDS!!

[Moonmonkey]

[QUOTE=Roger;n1533675]


Now without knowing all of the details of your debts remember that in England statute barred is 6 years (there is recent Case Law about this start Date involving Default Notices) however the date of your last payments sic April 2020 is probably your starting date towards statute barred.
I say this because F&F is most likely to be seen as restarting this Statute Barred date (ie another 6 years).
Now the other consideration is the 6 year reporting on your Credit Scores (Experian etc..)


Hi Roger, all have been defaulted - last one drops off end of march 20. I have been in a DMP for 7 years and only cottoned on to CCA's recently.

I want to get a mortgage in 2 years I don't want anything hanging over me or evidence of any payments going to DCA's on my bank statements. So that's why i am thinking F&F's especially if they are enforceable. I can't have anything ruining my mortgage chances, i know my credit report will be clean as a whistle, but i'm also running out of time - i'm in my mid 40's. I've started my diary with an on hold letter from Robinson Way received today. Hopefully UE and i can close it off with a 5% offer. (or nothing if i can hold my nerve) - thank you so much for taking the time for your detailed response