Announcement

**scottygees** · 12 July 2017, 08:38

YORKSHIRE BANK

Credit Card
Date commenced-not known
Approx balance-£1583
Date last paid -Sept 2010
Are you on arrangement or not paying-DMP but no payment made since Feb 2017
Status-unknown as no longer showing on credit report
Account owner-Cabot

12/06/17-letter recd asking for contact to discuss solutions e.g monthly payment plan and reduced lump sum payment to clear
13/07/17-CCA request made
17/7/17-CCA delivered and signed for
21/7/17-letter recd from Cabot dated 16/7/17,so this would have crossed in the post with my CCA request.It states as no payments are being received or a commitment to a payment plan the account will be reviewed for legal action.please contact us within 28 days. We have flexible solutions available.
29/7/17- letter recd from Cabot dated 24/7/17. Confirming they don't currently have this info. But have requested it from Yorkshire bank.they acknowledge the account is temporarily UE as they won't be able to provide CCA within 12 day period but they anticipate to have it within 40 days. They will write again if CCA not available at 40 days.
30/4/18-Letter received from Cabot confirming they are unable to provide CCA and accept it is unenforceable in court, but can still chase the debt and expect payment
31/5/18- letter received from Cabot offering a new approach to help me get debt free- no action taken as already confirmed they are unable to provide CCA
15/09/18-letter received from Cabot stating they are considering sending account to an external debt collection company. No further action taken
14/12/18-letter recd from Cabot Financial “you need to make a new plan” No further action taken
31/12/18-letter recd from Cabot with income and expenditure form, confirming available options for payment. No action taken
18/03/2020-various letters received in the past 15 months nothing threatening or of any importance
25/5/2023-90% discount offer letter received from Cabot.Must realise this is SB now and this is final roll of the dice to get something back
CCA REQUEST STILL OUTSTANDING CONFIRMED UE

**scottygees** · 12 July 2017, 08:42

MBNA

Credit Card
Date commenced-unknown
Approx balance-£785
Date last paid-Sept 2010
Are you on arrangement or not paying-DMP but no payment made since Feb 2017
Status-unknown as no longer showing on credit report
Account owner- Idem Capital Securities

no previous correspondence recd
13/7/17-CCA request made
17/7/17 CCA request delivered and signed for
21/7/17-letter received from Idem dated 19/7/17."we will endeavour to provide the requisite information within the next 12 working days
4/08/17-letter received from Idem dated 2/8/17.They are unable to provide the CCA at present and accept the agreement can't be enforced until such time they can. They have contacted original lender and if available will send it if available. They confirm balance is still outstanding and will continue to pursue including updating credit reference agencies. They state I am free to take whatever action I consider appropriate but they will not be releasing me from any obligation under the agreement
5/8/17-income and expenditure form recd from Idem dated 2/8/17. Filed away no action to take
25/09/17-letter recd from Idem dated 20/9/17 "we note no formal arrangement,please complete I&E in next 14 days or we will take further collection activity".(as no CCA provided and they have previously acknowledged they can't enforce it , letter filed away.
09/11/17-letter recd from Idem Saying account has now been purchased by Cabot.Introduction letter also recd in same envelope from Cabot, asking me to make contact. As I still haven't received the CCA I requested what action do I need to take at this stage, if any? Thanks in advance
28/11/2017-letter recd from Cabot.dated 22/11/17.nothing threatening but should I send a SWID letter or wait a bit longer?
26/12/17 letter received from Cabot.Please contact us to review options available for repayment.no action taken. (sWID letter to be sent ASAP)
15/01/18-letter recd from Cabot Financial. Confirming they own the account and are prepared to reduce the balance to enable quicker repayment. (Swid to be sent beginning of February)
01/02/18-SWID issued special delivery to Cabot
14/2/18-letter recd from Cabot.they will be conducting a full investigation which could take 8 weeks.They confirmed they recd my SWID on the 2nd February
6/3/18-further letter recd from Cabot confirming they havent yet resolved my complaint. NFA to take await their next move.
13/3/18-Letter recd from Cabot unable to provide CCA at this moment and acknowledge unenforceable in the meantime but I am still obliged to repay the balance. No action taken
4/4/18-Letter received from Cabot in response to the SWID.They have investigated etc.Confirm that MBNA have confirmed they won’t be able to provide CCA but usual blurb about Still payable, balance outstanding etc. They reiterate the debt is unenforceable but that doesn’t mean I m not obligated to pay the outstanding balance. Is there anything else to do/send here? Or just sit back and await their next letter?
CCA REQUEST STILL O/S UE

**scottygees** · 12 July 2017, 08:48

BARCLAYCARD

Credi card
Date commenced -unknown
Approx balance-£957
Date last paid-Jan 2016
Are you on arrangement or not paying-DMP but no payment made since Feb 2017
Status-default 30/3/2016
Account owner- Link Financial Outsourcing

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request not delivered as no access to delivery address. Await post to be returned and send again
18/7/17-CCA request delivered and signed for
19/10/17-letter recd from Link Financial dated 16/10/17. Confirming original creditor(Barclaycard) are unable to fulfill the section 77/78 request . They agree the account is currently unenforceable but that the outstanding balance remains collectible and it is acceptable for creditors to register and continue to report a default. They conclude by stating this information concludes their obligations under section 78 of the act
20/10/17-statement of account recd from Link with information sheet regarding notice of arrears
27/10/17-letter from Link confirming no repayment plan in place.Please contact them with an offer of repayment
18/12/17-Letter received from Link dated 14/12/17, still no repayment in place please contact us.We remain committed to debt recovery by negotiation but will if needed pursue through county court.
20/4/18-statement and arrears fact sheet received from Link.
30/4/18-Letter received from Link stating exactly the same as letter received on 18/12/17.no action taken as CCA still not received
20/10/18-statement recd from Link
31/10/18-letter from Barclaycard offering refund of £113.14 for lack of support but will be paid to Link to reduce the balance.
21/11/18-phone call to Barclaycard who confirmed debt assigned to Link and they have followed FCA guidance correctly by paying refund directly to Link
8/1/19- letter from Link ( with new balance). Nothing new to worry about.NFA.
20/4/19-statement of account and arrears info sheet received
6/6/19-letter received nothing exciting apart from confirmation the account owners are Asset Link Capital (no5) Limited
28/6/19-exact duplicate of letter dated 6/6 received
16/7/19-letter received stating the account was previously owned by Asset Link Capital (no5) Ltd but is now being serviced by Link Financial Outsourcing Ltd. No official assignment notice ever received
27/9/19-letter received confirming debt was sold from Barclaycard to Asset Link Capital (no5) Ltd on 30/9/16 but have yet to reach a payment conclusion with me. So I have no idea who now owns this. Could come in handy at a later date.
19/10/19-statement and arrears info sheet received
3/3/20-non threatening letter received from Link Financial outsourcing Ltd.
18/04/20-statement and arrears sheet received
25/5/2023-statement and arrears sheet received

CCA REQUEST STILL OUTSTANDING UE

**scottygees** · 12 July 2017, 08:51

TESCO

Credit Card
Date commenced -not known
Approx balance- £989
Date last paid -Sept 2010
Are you on arrangement or not paying-DMP but no payment made since Feb 2017
Status -unknown.Account no longer on credit report
Account owner -Robinson Way

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
21/7/17-letter received from Robinson Way confirming received CCA request and account put on hold temporarily until they have the agreement
28/8/17-email received from Robinson Way stating they have contacted original creditor and have an update for me and for me to contact them within the next 30 days.
23/10/17-correspondence recd from Robinson Way dated 18/10/17 stating we enclose the requested documentation and in absence of any dispute please return the enclosed financial statement (which isn't enclosed by the way) to confirm an affordable payment plan within the next 30 days.However all they have sent me is copies of my credit card statements from April 2010 to January 2011 and not the CCA I requested. Any advice as of the next course of action to take? Thanks in advance.
28/11/17-email recd from Robinson Way inviting me to make an offer of payment instalments. nothing threatening so no action taken
18/12/17-Letter recd from Robway confirming settlement figure available £740.32,but if I don’t get in touch a decision will be made of how to proceed including instructing Howard Cohen to commence legal action, asking a field agent to call or continue further collection activity,letters and calls.
28/12/17-email received from Robway.please contact us to set up a payment plan that meets your current circumstances. Nothing threatening no action taken
22/01/18-phone call recd from Robway. Told them to send all correspondence in writing.
26/01/2018-letter recd from Robway asking me to ring them as they have an update about the account.
10/2/18-letter recd from Rob Way-Why have you not contacted us.setting out available payment options
21/2/18-letter recd from RobWay-account still outsatnding please contact us. No minimum payment required etc etc
12/5/18-letter received from RobWay offering 49% discount that can also be paid in instalments. No action taken.
13/6/18-letter received from Robway needing me to take action today to set up payment plan. Usual blurb about doorstep collectors, possible referral to solicitor to issue court claim etc.No further action taken.
16/7/18-letter recd from Robway -we wont ask you to pay more than you can afford etc etc
06/08/18-letter received from Rob Way offering reduced settlement figure of 75% of outstanding balance. no action taken
9/10/18-letter recd from Hoist (notice of assignment letter to Hoist Finance UK holdings 2 ltd)no action required Robway will still be acting as Collection agents.
14/2/19-letter received from Rob Way offering reduction to pay just £700. no action taken
9/12/21-a welcome letter received from Hoist Finance. I was under the impression that hoist owned this anyway and that Robinson Way was just their internal debt collection agency. As the CCA has still not been received should I take any further action or await their next letter?
8/2/2023-letter from hoist recd headed “choose a way to pay” I.e set up a payment plan and a discount may be available.
27/4/23-letters received from Hoist and Lowell’s stating debt now owned by Lowell’s
2/5/23-email received from Lowell’s @2.15 pm “we are here to help you “ etc etc. not too concerned however not sure where they have got my email address from. Option to unsubscribe from these emails, so that’s what I have done
2/5/23-text message received @ 4.12pm from Lowell’s, please contact us. Won’t bother on this occasion.

CCA STILL OUTSTANDING

**scottygees** · 12 July 2017, 08:54

VANQUIS

Credit Card
Date commenced -not known
Approx balance £1002
Date last paid -Sept 2010
Are you on arrangement or not paying-DMP but no payment since Feb 2017
Status -Default 31/8/2015
Account owner-DLC

9/6/17-letter recd confirming they have been instructed by vanquish to collect balance and require me to contact them
26/6/17-letter recd offering a 50% reduction on outstanding balance
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
12/8/17-letter recdfrom DLC dated 1/8/17 stating they are only collectors and that I need to send request directly to Vanquis.They have returned the postal order. Any advice or should I just now send the request to Vanquis
17/08/17-CCA request made to Vanquis
19/08/17-CCA request delivered and signed for
01/09/17-CCA received from Vanquis dated 30/08/17.Awaiting advice
02/09/17-CCA sent to Niddy who confirms it is enforceable

. Will await further contact from DCA before deciding what course of action to take.
11/12/17-Letter recd from Vanquis confirming now assigned to Lowell. Introducing letter recd from Lowell in the same envelope.
2/1/2018-letter received dated 28/12/17 from Lowell’s please contact us to arrange a a payment plan we are here to help. No action taken
27/01/18-Letter recd from Lowell’s they may look at referring for legal action.Best way to stop this is by contacting us to discuss affordable repayment plan.This letter also refers to JD Williams account
(01/02/18-SWID sent special delivery to Lowell’s
13/02/18-letter recd fro Lowells account on hold for 40 days until they can provide the CCA.
21/3/18-Letter and CCA recd from Lowell’s.This is an exact copy of the one Niddy has already said is enforceable. I assume no further action to take at this stage apart from await their next letter?
21/3/18- further letter recd from Lowell’s account on hold until 18th April to give me time to review the CCA they sent.
4/4/18-SAR request issued to Vanquis
19/4/18-letter received from Lowell’s.We are more than happy to help, please call us, Stepchange recommendations etc etc
4/5/18-letter from Lowell’s- no contact. Further action to be taken if no contact made
10/5/18-Letter received from Lowell’s dated 4/5/18 stating they haven’t heard from me , contact to make arrangements but this time saying they WILL take further action to recover debt if no contact made. I still haven’t received the SAR from Vanquis and have noticed the cheque hasn’t been cashed though I do have proof of delivery. How much longer should I give the SAR and if it isn’t received should I take any further action?

20/5/18-Letter received from Lowell’s stating they will now be passing the account to their collections department or one of our approved collections agencies. I was under the Impression Lowell’s were the Collection agency? They are also offering a 30% discount which can be paid in instalments. Any advice about the Collection agency part of my post?
3/12/18-letter recd from Lowell’s offering 20% discount
17/12/18-letter recd from Lowell’s confirming no payment is too big or too small, outlining payment examples
16/1/19-letter recd from Lowell’s “deciding our next steps” please respond by 31/1/19
25/5/2019-Pre Legal assessment letter received from Lowell’s regarding both the above accounts. Stating they would still prefer to work with me to set up affordable repayment. It then goes on to outline what legal action means.
29/6/19-letter received from Lowell and Lucas Credit . So it disappear Lowell have now instructed Lucas Credit to take collection action . !have letter is quite threatening and confirms they will instruct Lowells solicitors to take legal action if no solution can be found. So I currently have a SAR request outstanding for the vanquis account. Any advice on how to proceed will be greatly appreciated. Also why would Lowells i struck another company to instruct their own solicitors to take action?
5/7/19-letter before claim (LBC) received from Lowells Solicitors dated 2/7/19.
This LBC covers 3 debts Vanquis, J Williams and also a £95 EE mobile account from sometime in 2005. Should they have sent 3 individual letters as the reply form isn't really set out in a way to cover each individual debt.
I cant say I am surprised I have received this as my last few entries have indicated this was on the horizon. So they are requesting full payment in 30 days from date of letter.
So I am guessing at this stage there is a specific way in which to deal with this claim? I will be honest unless I have a concrete defence I wouldn't want this to get to court, however at the same time I don't have any spare funds to settle this and would only have limited resource to pay in instalments.
31/12/2019- Happy New Year letter, sorry further letter received from Lowells solicitors dated 27th December 2019. They have included a notice of default for the Vanquis debt. This is dated 15th May 2014. They have also once again included the Vanquis CCA and a list of all Vanquis transactions.
On top of this they have also sent what looks like the letter of assignment for the EE account (dated 11/06/2018) and an EE bill from Feb 2016.
The letter confirms what they have sent and confirms the balances of all 3 debts and gives me 14 days to respond from the date if the letter.0nce again it states further action may be taken which may result in a claim form being issued and costs added to the debts.
So just to confirm it would look like following on from me asking for further documents when the LBC was received back in July they have now been able to find the Default notice for the Vanquis account. Though my credit report does show a different default date.
Further advice sought
15/01/2020- So as expected the LBC (dated 13th January 2020) has been received today from Lowells Solicitors giving 30 days (12th February) to make payment/respond. The letter is actually identical to the previous LBC they issued except for the date of course.
So once again they have put 3 debts on one LBC, again I don't know if this is the correct legal procedure as none of the debts are linked in anyway. Therefore if this did go to court I would expect them to issue three separate claims
19/02/2020- county court claim received dated 18/02/20 that covers all three unconnected debts on one claim. Advice sought as to when to complete AOS with a view to maximising time to write defence
21/02/2020- Spoke with Di and advised to send SAR request to Lowell’s
22/02/2020-SAR request sent to Lowell’s 1st class signed for.
18/03,20-SAR request still outstanding. Everything now with Joanna Connelly solicitors who have defended claim on my behalf

J Williams
4/4/18- CCA requested
12/4/18-Letter received from Lowell’s confirming receipt of CCA request.await their response
20/6/18-CCA received from Lowell’s giving until 16th July to respond with any queries
20/6/18-CCA sent to Niddy who confirmed

as it isn’t legible and has no date or signature.
12/18-letter recd from Lowell’s offering 20% discount
17/12/18-letter recd from Lowell’s confirming no payment is too big or too small, outlining payment examples
16/1/19-letter recd from Lowell’s “deciding our next steps” please respond by 31/1/19
25/5/2019-Pre Legal assessment letter received from Lowell’s regarding both the above accounts. Stating they would still prefer to work with me to set up affordable repayment. It then goes on to outline what legal action means.

29/6/19-letter received from Lowell and Lucas Credit . So it disappear Lowell have now instructed Lucas Credit to take collection action . !have letter is quite threatening and confirms they will instruct Lowells solicitors to take legal action if no solution can be found. So the J Williams account CCA is not signed or dated so was deemed unenforceable. Any advice on how to proceed will be greatly appreciated. Also why would Lowells i struck another company to instruct their own solicitors to take action?

5/7/19-letter before claim (LBC) received from Lowells Solicitors dated 2/7/19.
This LBC covers 3 debts Vanquis, J Williams and also a £95 EE mobile account from sometime in 2005. Should they have sent 3 individual letters as the reply form isn't really set out in a way to cover each individual debt.
I cant say I am surprised I have received this as my last few entries have indicated this was on the horizon. So they are requesting full payment in 30 days from date of letter.
So I am guessing at this stage there is a specific way in which to deal with this claim? I will be honest unless I have a concrete defence I wouldn't want this to get to court, however at the same time I don't have any spare funds to settle this and would only have limited resource to pay in instalments.
31/12/2019- Happy New Year letter, sorry further letter received from Lowells solicitors dated 27th December 2019. They have included a notice of default for the Vanquis debt. This is dated 15th May 2014. They have also once again included the Vanquis CCA and a list of all Vanquis transactions.
On top of this they have also sent what looks like the letter of assignment for the EE account (dated 11/06/2018) and an EE bill from Feb 2016.
The letter confirms what they have sent and confirms the balances of all 3 debts and gives me 14 days to respond from the date if the letter.0nce again it states further action may be taken which may result in a claim form being issued and costs added to the debts.
So just to confirm it would look like following on from me asking for further documents when the LBC was received back in July they have now been able to find the Default notice for the Vanquis account. Though my credit report does show a different default date.
Further advice sought
15/01/2020- So as expected the LBC (dated 13th January 2020) has been received today from Lowells Solicitors giving 30 days (12th February) to make payment/respond. The letter is actually identical to the previous LBC they issued except for the date of course.
So once again they have put 3 debts on one LBC, again I don't know if this is the correct legal procedure as none of the debts are linked in anyway. Therefore if this did go to court I would expect them to issue three separate claims
16/01/2020-better copy of CCA sent to Niddy who again confirmed as there is no signature it is

.
19/02/2020- county court claim received dated 18/02/20 that covers all three unconnected debts on one claim. Advice sought as to when to complete AOS with a view to maximising time to write defence.
21/02/2020- Spoke with Di and advised to send SAR request to Lowell’s
22/02/2020-SAR request sent to Lowell’s 1st class signed for.

18/03,20-SAR request still outstanding. Everything now with Joanna Connelly solicitors who have defended claim on my behalf

20th October 2020- huge update.So since the last update there has been a lot of activity on these accounts. So having instructed Joanna Connolly Solicitors to act on my behalf they made the defence for me and sent numerous letters explaining to Lowell’s that there paperwork didn’t stack up. Lowell’s however played hard ball and continued with the claim. Following request for further information via a CPR request, Lowell’s were unable to provide the required documents resulting in our side submitting to get the claim struck out in its entirety. On the back of this Lowell’s agreed to discontinue the JWilliams and EE part of the claim but felt confident they would succeed with the Vanquis account prompting their claim being amended requiring us to submit a further strike out application. The hearing took place on the 2nd October where Colin from Joanna Connolly’s represented me. From the conversations I have since had with Colin I believe the other side left the hearing with there tails firmly between their legs after feeling the wrath of the judge who ultimately STRUCK OUT the claim made against me. A big thanks to all concerned especially Colin on what was a very rocky road where I have to admit I did feel nervous of what the outcome would be. Ever so grateful.

JD Williams claim-discontinued
EE claim- discontinued
Vanquis claim -struck out

10th May 2022-three separate letters received from Lowell’s confirming each account is now closed and that credit reports will be updated to reflect this

**scottygees** · 12 July 2017, 09:11

So I have started my UE diary. It has taken a lot of deliberation and carefu consideration for me to do this. Before I send the CCA requests is there anything else i need to do/any advice etc?

Thanks

Scottygees

**The Tech Clerk** · 12 July 2017, 09:13

good start = CCA request so that we can confirm enforceable/unenforceable I suggest as that is the starting point?

**Joanna Connolly Solicitors** · 12 July 2017, 11:37

Originally posted by scottygees View Post

So I have started my UE diary. It has taken a lot of deliberation and carefu consideration for me to do this. Before I send the CCA requests is there anything else i need to do/any advice etc?

You can send the s 77-79 CCA Requests now - it'll make you feel better knowing that you've taken control of the situation instead of the situation controlling you.

Each time you receive a letter simply re-quote your original post and add the updated information.

I see you don't know when you opened any of these accounts but the exact date isn't important at this stage however do you have a vague idea of which year it might have been in each case? Accounts opened before April 2007 have different criteria for UE.

Di

**scottygees** · 12 July 2017, 13:15

Originally posted by Diana Mayhew View Post

You can send the s 77-79 CCA Requests now - it'll make you feel better knowing that you've taken control of the situation instead of the situation controlling you.

Each time you receive a letter simply re-quote your original post and add the updated information.

I see you don't know when you opened any of these accounts but the exact date isn't important at this stage however do you have a vague idea of which year it might have been in each case? Accounts opened before April 2007 have different criteria for UE.

Di

thanks, i will be getting the postal orders in the morning and will print the letters off at work. I really don't know when these accounts were opened my guess is there is a mixture of both pre and post April 2007. I will ensure I keep these post up to date for any further advice.

**Still Waving** · 12 July 2017, 23:17

Have they been chasing you since you stopped paying? It would help if the diary entries were updated with notes of letters received/sent.

**scottygees** · 13 July 2017, 11:50

Originally posted by Still Waving View Post

Have they been chasing you since you stopped paying? It would help if the diary entries were updated with notes of letters received/sent.

There has been an element of chasing by some of the mentioned creditors but not all of them. I have just explained that my DMP with stepchange was closed and that I would be setting it back up with stepchange in due course. This approach has given me 30 days grace on more than one occasion. I will update my diary with the content of letter I have received to try and give a complete history of events moving forward

**scottygees** · 13 July 2017, 12:12

Originally posted by scottygees View Post

CAPITAL ONE

Credit Card
Date commenced (ideally before Apr 2007)-unknown
Approx balance-£989.40
Date last paid -September 2010
Are you on arrangement or not paying-currently on a DMP but not paid anything at all since Feb 2017
Status-previous default that has now dropped off credit report
Account owner-Apex Credit Management

12/06/17 letter recd-confirming they can consider a discounted settlement figure-ignored
26/06/17 letter recd-outlining payment solutions incl.monthly payments to clear within 3.5 and 7 years and also reduced lump sum to clear account
13/07/17 CCA request made

**scottygees** · 13 July 2017, 12:14

Originally posted by scottygees View Post

YORKSHIRE BANK

Credit Card
Date commenced-not known
Approx balance-£1583
Date last paid -Sept 2010
Are you on arrangement or not paying-DMP but no payment made since Feb 2017
Status-unknown as no longer showing on credit report
Account owner-Cabot

12/06/17-letter recd asking for contact to discuss solutions e.g monthly payment plan and reduced lump sum payment to clear
13/07/17-CCA request made

**scottygees** · 13 July 2017, 12:16

Originally posted by scottygees View Post

MBNA

Credit Card
Date commenced-unknown
Approx balance-£785
Date last paid-Sept 2010
Are you on arrangement or not paying-DMP but no payment made since Feb 2017
Status-unknown as no longer showing on credit report
Account owner- Idem Capital Securities

no previous correspondence recd
13/7/17-CCA request made

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