Oakfieldboy Diary

[Joanna Connolly Solicitors]

• Type of account: Credit Card
• Date commenced: February 2004
• Approx balance: £7000.00
• Date last paid Last Full payment in January 2008. Reduced Form February 2008
• Are you on arrangement or not paying: Currently paying £1.00 per month
• Status: Account Defaulted December 2007
• Account owner : Was Capital One now Lowell

CCA request sent.

CCA received from Lowell will scan to team


Niddy says Credit agreement is enforceable

The credit agreement may be ‘enforceable’ but that doesn’t necessarily mean the debt is enforceable in court.

There are many other reasons why a debt can be unenforceable such as assignment issues, unlicensed debt owner, non compliance with various statutory notices such as the Default Notice or failure to serve an annual Notice of Sums in Arrears etc etc.

We recently won a case against Lowells for an old Capital One credit card where the DN was flawed so the DJ dismissed their claim without the need to consider the credit agreement.

Was there PPI on this account?

Di

[oakfieldboy]

• Type of account: Credit Card
• Date commenced: October 2003
• Approx balance: £10100.00
• Date last paid Last Full payment in January 2008. Reduced Form February 2008
• Are you on arrangement or not paying: Currently paying £1.00 per month
• Status: Account Defaulted November 2010
• Account owner : Lloyds managed by Robinson Way

CCA request sent.
CCA received from Lloyds will scan to team.

Word back from Niddy is this is UE....

25/03/2018 Payment stopped SO Cancelled
03/04/2018 Letter from Robinson Way Re: payment proposals
01/05/2018

SAR received from Lloyds Bank

16/05/2018 Letter from Robinson Way Re: overdue payment
04/06/2018 Letter from Robinson Way Re:payment proposals

14//06/2018 Letter from Robinson Way: Re: payment proposals
26/07/2018 Letter from Lloyds Bank now assigned to Lowell
26/07/2018 Letter from Lowell Re: Payment
01/08/2018 Letter from Robinson Way:Re Payment
29/01/2019 Letter from Lowell Pre-Legal Assessment
03/03/2019 Letter of Claim from Lowell 30 days to Prevent Legal Action
27/03/2019 Reply form posted to Lowell solicitors today
03/04/2019 Letter from Lowell Solicitors receipt of Pre- Action Protocol
26/04/2019 Letter from Lowell Solicitors Re: copy of agreement
20/05/2019 Niddy said agreement UE

03/07/2019 Letter from Lowell Solicitors receipt of Pre- Action Protocol

02/08/2019 Letter from Lowell Solicitors receipt of Pre- Action Protocol

[oakfieldboy]

Hello


I can't see any history for this debt on your thread which started in 2014. Has this one suddenly come out of the woodwork?

And have you been paying £1 per month since 2008?

Email the credit agreement to Niddy.

Di

Hi no his as not suddenly come out of the woodwork and I started paying reduced amounts eventually down to £1.00 Just need to deal with it

[oakfieldboy]

• Type of account: Credit Card
• Date commenced: February 2004
• Approx balance: £6700.00
• Date last paid Last Full payment in January 2008. Reduced Form February 2008
• Are you on arrangement or not paying: Currently paying £1.00 per month
• Status: Account Defaulted December 2007
• Account owner : Was Capital One now Lowell

CCA request sent.

CCA received from Lowell will scan to team
Niddy says Credit agreement is enforceable

25/03/2018 Payment stopped SO Cancelled
26/03/2018 SAR sent to the Capital One
19/04/2018 SAR received from Capital One
15/06/2018 Letter from Lowell Re: payment.
16/07/2018 Letter from Lowell Re: payment and Annual Statement.
30/07/2018 Letter from Lowell Re: payment
14/08/2018 Letter from Lowell Re: payment
13/09/2018 Letter from Lowell Re: payment
17/10/2018 Letter from Lowell Re: discount
19/06/2020 Letter from Lowell Re: payment
03/07/2020 Letter from Lowell Re: payment
19/07/2020 Annual Statement
20/07/2020 Letter from Lowell Re: payment
03/08/2020 20% Discount Offer Letter
18/08/2020 Letter from Lowell Re: payment
02/09/2020Letter from Lowell Re: Credit Rating
17/09/2020Letter from Lowell Re: Next Step Assessment
02/10/2020Letter from Lowell Re: Next Step Assessment
19/10/2020Letter from Lowell Re: Next Step Assessment
02/11/2020 40% Discount Offer Letter
11/05/2023 Letter from Lowell Re: Passed Account to
16/05/2023 Letter from Phillips & Cohen

---

[Joanna Connolly Solicitors]

• Type of account: Loan
• Date commenced: July 2005
• Approx balance: £7000.00
• Date last paid Last Full payment in January 2008. Reduced Form February 2008
• Are you on arrangement or not paying: Currently paying £1.00 per month
• Status: Account Defaulted February 2008
• Account owner : Halifax

CCA request sent.

CCA received from Halifax will scan to team.

Hello


I can't see any history for this debt on your thread which started in 2014. Has this one suddenly come out of the woodwork?

And have you been paying £1 per month since 2008?

Email the credit agreement to Niddy.

Di

[oakfieldboy]

• Type of account: Loan
• Date commenced: July 2005
• Approx balance: £7800.00
• Date last paid Last Full payment in January 2008. Reduced Form February 2008
• Are you on arrangement or not paying: Currently paying £1.00 per month
• Status: Account Defaulted February 2008
• Account owner : Halifax

CCA request sent.

CCA received from Halifax will scan to team.
Word back from Niddy is this is UE....

25/03/2018 Payment stopped SO Cancelled
23/07/2018 Letter from Bank of Scotland Re:Moorcroft
27/07/2018 Letter from Moorcroft Re:Payment
07/08/2018 Letter from Moorcroft Re:Payment
21/08/2018 Letter from Moorcroft Re:Payment
04/09/2018 Letter from Moorcroft Re; Payment
18/09/2018 Letter from Moorcroft Passed to Home Collections

[oakfieldboy]

Re: Oakfieldboy Diary

Thank you for your replies, I will ignore the letter and see what happens.

[The Tech Clerk]

Re: Oakfieldboy Diary

Wetcloths (opps Wescot) are a DCA no powers just their mates asking them to assist in getting you to pay up, do you not think that is very nice of them??? another words any coffers you pay they keep a big percentage for writing to you - hence ignore them and their silly letters, I would put their silly letters to good use! but ensure the black print is face down whilst in use and flush after!

[Roger]

Re: Oakfieldboy Diary

This is Wescot's reply to your CCA Query, Missing Prescribed Terms.
They have merely sent balance information and refered you to the Agreement that Niddy has already see and says is UE!

If it was me I would file this letter away without replying and wait and see what comes next.

[oakfieldboy]

Re: Oakfieldboy Diary

Hi everybody. I have received another letter from Wescot Credit Services saying they have sent me copies of statements for the account showing how the balance accrued and the copy of the agreement for this account has been provided. Please can you tell me how to reply to the letter.

[Pixie]

Re: Oakfieldboy Diary

Yes there is. You need to go to the AAD+ template letter section---> Unenforceability Templates ---> Section 2 ---> CCA Query, Missing Prescribed Terms

[oakfieldboy]

Re: Oakfieldboy Diary

Hi thanks for that, is there a template letter that I can send to them in reponse to their letter.

[Never-In-Doubt]

Re: Oakfieldboy Diary

It's UE as all they've sent are some terms.

[oakfieldboy]

Re: Oakfieldboy Diary

Type of account - Credit Card

Date commenced - 30th October 2002


Approx balance - Approx £7040


Date last payment - June 2012


Are you on arrangement or not paying - Not paying


Status - Default date on credit file - 07/06/2011

• Account owner - Halifax - Chased by Wescot

I sent Halifax a CCA request on May 2012. They did not provide me with anything. They pass the account to Wescot. I informed Wescot that the account was in dispute with Halifax due to faliure to provide the CCA agreement. Wescot have now after all this time have provided me with a reconstituted agreement

I will email the paperwork to Niddy.

[oakfieldboy]

Re: Oakfieldboy Diary

Letter received from 1st Credit today dated 28/09/14


Dear Sir

We are writing to advise you that your above account purchased by 1st Credit (Finance)Limited has now been reassigned back to Opus.

Given that Opus is once again the legal owner of the account.you will not receive an further communication from 1st Credit Ltd.

Opus is now the data controller for the purpose of the Data Protection Act 1998

We will ensure that the relevant Credit Reference Agencies are informed of this change of ownership within a maximum of 32 days.