AllTheHelp's UE Diary...

[AllTheHelp]

Thanks for the update.

I wouldn't write to anyone until you know your legal position first.

Is it possible to clarify which debts you are asking about so accurate suggestions can be made? Simpy quote your thread post with the history, and then add the update at the bottom.

You have two which Niddy has said are unenforceable having seen the credit agreements, and you have one which has not complied with your s 77-79 CCA Request (so that will be unenforceable too).

Looking good

Di

OK, Thread posts #9 and #10 are the debts that Niddy said were unenforceable. Thread post #11 is the debt that have not responded to my CCA request although they acknowledged it initially by saying they had referred to the original debt owner for the agreement.

I did forward a further 3 CCA responses to Niddy but did not get a response - I don't want to be a pain as I appreciate he does this voluntarily to help people but do you think I should resend them to him?

The debt that has not responded to my request I was simply going to send something along the lines of: You've not responded and therefore I shall not be making any further payments until such time as you do as the debt is current unenforceable. I would be happier to send them something than simply stop paying? Indeed I am considering offering them a low F&F to try and draw a line under the debt completely. Thoughts?

Many thanks for your quick response and assistance :-)

[Joanna Connolly Solicitors]

Thread posts #9 and #10 are the debts that Niddy said were unenforceable. Thread post #11 is the debt that have not responded to my CCA request although they acknowledged it initially by saying they had referred to the original debt owner for the agreement.

I did forward a further 3 CCA responses to Niddy but did not get a response - I don't want to be a pain as I appreciate he does this voluntarily to help people but do you think I should resend them to him?

The debt that has not responded to my request I was simply going to send something along the lines of: You've not responded and therefore I shall not be making any further payments until such time as you do as the debt is current unenforceable. I would be happier to send them something than simply stop paying? Indeed I am considering offering them a low F&F to try and draw a line under the debt completely.

Thanks for identifying some of the posts which relate to your various queries.

I would re-send those three CCA Request responses to Niddy by email using webmaster@all-about-debt.co.uk. Things sometimes get diverted into Junk folders. Make sure you put your username in the subject bar and a link to this thread in the body of your email.

Can you re-quote those posts (#9, #10 and #11) and add the updates so the history continues on your thread. Sadly debt owners don't necessarily give up when a debt is deemed unenforceable (unless it's by a Judge!) so you still need to keep the forum informed of any/all letters you receive. S 77-79 CCA is for 'information' purposes not 'proof' purposes meaning you need to keep your eye on the ball.

It would also help if you re-quote the three posts (adding the updates) for the three other credit agreements which you have sent to Niddy so that he may be able to respond on them and/or others can comment on your next step depending on the verdict

The debt you've not had the CCA from has responded by telling you they have approached the original lender for the agreement. Maybe they'll source it or maybe they won't, but consider whether your letter to them could make them try harder to get (or reconstitute) it. Can you re-quote that post with an update too.

Sorry to ask you to post all these updates but it will help you in the long-run and prevent any misunderstandings along the way.


Di

[AllTheHelp]

M&S Card

Credit Card
Commenced approx ?? (Fairly sure pre-2007)
Approx balance £4000
Date last paid in full approx May 2009
Arrangement approx £20 per month - currently paying
Status - Defaulted
Owner Robinsons Way

June 2017 - Sent CCA request
June 2017 - Responded to say they would endeavour to respond within the 12 day period.
July 2017 - Response enclosing a list of all transactions on the account as well as I believe a copy of the original application form. However they do not reference my CCA request or whether they feel they have or haven't me the requirements.
July 2017 - Niddy says.... (Yay!)
July - Wrote to advise them that what they sent does not meet CCA requirements and that I consider the account UE until they forward the correct documents.
July - Wrote advising I need to reduce payments as cannot afford the current payments.
May 2018 - debt transferred to Robinsons Way

Posted to update

[AllTheHelp]

M&S Personal Reserve

Not sure what this counted as?
Commenced approx ?? (Fairly sure pre-2007)
Approx balance £3000
Date last paid in full approx May 2009
Arrangement approx £15 per month - currently paying
Status - Defaulted
Owner Robinsons Way

June 2017 - Sent CCA request
June 2017 - Responded to say they would endeavour to respond within the 12 day period. I am fairly confident due to one of the sticky posts on here that this debt will be UE.
July 2017 - Replied stating they had received the agreement and that they have fully complied with their obligations. Will upload this to ensure it is accurate as believe from the sticky on here that it may not be.
July 2017 - Niddy says.... (Yay!)
July - Wrote to advise them that what they sent does not meet CCA requirements and that I consider the account UE until they forward the correct documents.
July - Wrote advising I need to reduce payments as cannot afford the current payments.
May 2018 - debt transferred to Robinsons Way

Posted to update

[AllTheHelp]

Egg Card

Credit Card
Commenced approx ?? (Fairly sure pre-2007)
Approx balance £4000
Date last paid in full approx May 2009
Arrangement approx £20 per month - currently paying
Status - Defaulted
Owner Link Financial

June 2017 - Sent CCA request
June 2017 - Responded to say they would comply within 30 days.

Posted to update. Still not received a response to my CCA and am contemplating stopping payments and offering low F&F.

[Joanna Connolly Solicitors]

Is the M&S Personal Reserve debt owned by Robinson Way or are they acting as the DCA on behalf of Hoist Portfolio if the debt has been assigned by M&S?

Di

[AllTheHelp]

Halifax

Credit Card
Commenced approx ?? (Fairly sure pre-2007)
Approx balance £7500
Date last paid in full approx May 2009
Arrangement approx £40 per month - last Payment June 2017
Status - Defaulted
Owner Idem Capital

June 2017 - Sent CCA request
June 2017 - Responded to say they would endeavour to respond within the 12 day period.
July 2017 - Responded to say currently unable to supply a copy of the CA and acknowledge that until they do the account is unenforceable. State I'm free to take whatever action I deem appropriate but they will not release me from my obligations under the agreement.
July 2017 - Stopped payments until I hear further
Aug - CA received - have forwarded to Niddy to look at for me

Am going to resend to Niddy for his opinion.

[Joanna Connolly Solicitors]

Posted to update. Still not received a response to my CCA and am contemplating stopping payments and offering low F&F.

Was this Egg credit card bought by Barclaycard in 2011 before being assigned to Link?

Di

[AllTheHelp]

Natwest Credit Card

Credit Card
Commenced approx ?? (Fairly sure pre-2007)
Approx balance £1800
Date last paid in full approx May 2009
Arrangement approx £9 per month - currently paying
Status - Defaulted
Owner Natwest - managed by Wescot

June 2017 - Sent CCA request
June 2017 - Received response - told me to write directly to Natwest as they would not deal with my enquiry.
July 2017 - Sent new CCA request to RBS/Natwest as advised by Wescot
July - Write advising of revised, reduced, monthly payment
Aug - CA received - have forwarded to Niddy to look at for me

Am going to resend to Niddy to look at for me.

[AllTheHelp]

Mint

Credit Card
Commenced approx ?? (Fairly sure pre-2007)
Approx balance £2500
Date last paid in full approx May 2009
Arrangement approx £15 per month - currently paying
Status - Defaulted
Owner Natwest - managed by Wescot

June 2017 - Sent CCA request
June 2017 - Received response - told me to write directly to Natwest as they would not deal with my enquiry.
July 2017 - Sent new CCA request to RBS/Natwest as advised by Wescot
July - Write advising of revised, reduced, monthly payment
Aug - CA received - have forwarded to Niddy to look at for me

Am going to resend to Niddy to look at for me.

[AllTheHelp]

Was this Egg credit card bought by Barclaycard in 2011 before being assigned to Link?

Di

Yes, I believe so as Link have gone to Barclaycard for the CCA. I was already in a DMP by 2011 so to be honest paid little attention to Barclaycard taking over the account.

[AllTheHelp]

Is the M&S Personal Reserve debt owned by Robinson Way or are they acting as the DCA on behalf of Hoist Portfolio if the debt has been assigned by M&S?

Di

They are managing the account in behalf of Hoist Portfolio. Is that good or bad?

[Joanna Connolly Solicitors]

They are managing the account in behalf of Hoist Portfolio. Is that good or bad?

So it was a M & S Personal Reserve account assigned to Hoist Portfolio (when?) now managed by Robinson Way (owned by Hoist).

These assignments are important.

A debt can be unenforceable for a number of reasons not just the credit agreement. You can have a 100% enforceable credit agreement but if the Default Notice, or Notice of Assignment, or the actual assignment (Deed) is flawed then the debt may still not be enforceable in court.

I see from your first post that you were in a DMP with StepChange for eight years (golly). It's possible that some of these other debts were sold (assigned) during that time but the original creditor would still have an obligation to serve statutory notices on you not StepChange.

My suggestion is you send a Subject Access Request to Step Change (it's free after 25th May) to get the full history of who was paid what and when. It could prove very useful when it comes to decision making.

Di

[AllTheHelp]

So it was a M & S Personal Reserve account assigned to Hoist Portfolio (when?) now managed by Robinson Way (owned by Hoist).

These assignments are important.

A debt can be unenforceable for a number of reasons not just the credit agreement. You can have a 100% enforceable credit agreement but if the Default Notice, or Notice of Assignment, or the actual assignment (Deed) is flawed then the debt may still not be enforceable in court.

I see from your first post that you were in a DMP with StepChange for eight years (golly). It's possible that some of these other debts were sold (assigned) during that time but the original creditor would still have an obligation to serve statutory notices on you not StepChange.

My suggestion is you send a Subject Access Request to Step Change (it's free after 25th May) to get the full history of who was paid what and when. It could prove very useful when it comes to decision making.

Di

It was assigned in April of this year to Hoist Portfolio; previously with Idem.

Thank you for the advice - I shall look into sending the Subject Access Request to Step Change after the 25th of this month. Is there any specific wording I need to use?

[AllTheHelp]

Sorry, one more question, what would you recommend on the old egg account? I was intending to notify them that the debt is unenforceable and that I would not be making any further payments but that I am wiling to make a F&F of xxx?