scottygees UE diary

[scottygees]

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
SAR STILL OUTSTANDING




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


CCA STILL OUTSTANDING

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.

so I asked for a SAR this time last year for the Vanquis account but never received anything and the JDWilliams CCA came back not legible and also has no date or signature on it. Should I send anything at this stage or await further contact?

Thanks in advance

[Joanna Connolly Solicitors]

just to confirm isn’t there an overdraft specific S78 letter?

Was this an arranged overdraft which was renewed annually since 2012?

If so then a s77/78 CCA Request would be applicable.

Di

[nightwatch]

Morning Scotty,
there is an overdraft CCA request in the template's, sorry cant link to it from my phone.

NW

[scottygees]

It might be prudent to send a new s.78 request and new £1 fee. Just to be sure (I know it's an overdraft but lets see what they do and how they respond to a new s.78 request )

Thanks for the advice, just to confirm isn’t there an overdraft specific S78 letter?

[Never-In-Doubt]

15/2/19- further letter received from Cabot. Reiterating the exact same information they have previously sent threatening Legal Action. I did write to them in April 2018 for which they replied it could take 16 weeks to get a formal response, I never received anything further regarding my 2 nd follow up letter. Any advice on what to do here? Should I just sit back and await their next contact or should I be chasing up a response to my 2 nd follow up letter?

thanks

It might be prudent to send a new s.78 request and new £1 fee. Just to be sure (I know it's an overdraft but lets see what they do and how they respond to a new s.78 request )

[Roger]

They are in default of your S.77/78 CCA (Plus £1) .
Silence is your response here.

[scottygees]

Yorkshire Bank overdraft

Joint account but was initially in my name. Wife added to account when married


Date account opened -1987
last paid -Feb2017 via DMP
balance-£893
debt owned by NCO
debt now owned by Cabot

17/09/2017-letter recd from NCO request contact made
19/09/2017-overdraft CCA template letter issued
20/09/2017-CCA request recd and signed for by NCO
25/10/17-letter recd from NCO requesting clarification of current financial position, so please contact us etc etc
31/01/18-Letter recd from Cabot confirming they have taken the account back.It appears that NCO were just an agent of Cabot.As this was the case and NCO never provided the CCA as requested for the overdraft was wondering what next steps should be. I assume a SWID wouldn’t be applicable in this instance? Also is there a different SWID template for overdrafts?
15/03/18-Letter recd from Cabot stating account is being reviewed for legal action.Please reply in 28 days. This action can be avoided if payment plan set up etc etc.
29/3/18-Letter recd from Cabot dated 26/3/18 threatening legal action. I will send the follow up letter this weekend but a bit peeved that they haven’t even given me the initial 28 days to respond
4/4/18- non receipt of CCA 2nd follow up letter issued to Cabot
19/04/18-letter received from Cabot, noting dispute, they will be in touch with original lender and to be mindful it could take 16 weeks to resolve
11/5/18-Letter received from Cabot. Still unable to provide requested docs. Account on hold
06/09/18- letter received from Cabot as no payment being received their reasonable next action is to review account for legal action.Please contact in 28 days to prevent. Any need to take further action at this stage? Current creditor showing as Cabot Financial UK ltd. Many thanks in advance.
8/9/18-letter recd from Cabot stating they are considering sending account to external DCA.
17/9/18-letter recd from Cabot once again threatening Legal Action


[/B]

15/2/19- further letter received from Cabot. Reiterating the exact same information they have previously sent threatening Legal Action. I did write to them in April 2018 for which they replied it could take 16 weeks to get a formal response, I never received anything further regarding my 2 nd follow up letter. Any advice on what to do here? Should I just sit back and await their next contact or should I be chasing up a response to my 2 nd follow up letter?

thanks

[Roger]

You say contacted is this by Phone?
You need to put everything in writing especially in these Cases with Proof of postage

[scottygees]

This is what Jo posted on another thread where Barclaycard said they were going to do the same >






Di

So I have contacted Barclaycard who have confirmed the account has been assigned to Link. However they state they are within their rights to pay any refund directly to Link to help reduce the balance. Any advice?

[Joanna Connolly Solicitors]

Barclaycard are going to credit the payment to the balance that is held by Link Financial

This is what Jo posted on another thread where Barclaycard said they were going to do the same >

If the debt has been assigned then Barclaycard should refund you direct as they no longer own the debt. Respond to them and reject their kind offer to pay PRA instead......

Di

[The Tech Clerk]

asking was Link Financial assigned the debt?? you receive a letter stating assigned to them or not? (i.e. that they now owned the debt_>>

[scottygees]

Can you clarify who owns this debt?

From your Diary post it looks like it was assigned (sold) to Link Financial.

So which "outstanding balance" is being credited by Barclaycard - is it Link or Barclaycard who no longer own the debt (if it was assigned)?

Di

Barclaycard are going to credit the payment to the balance that is held by Link Financial

[Joanna Connolly Solicitors]

receive a letter from Barclaycard saying I am due a refund of £113.14 due to negligence on their part when I fell in to arrears. Unfortunately this is being credited directly to the account to reduce the outstanding balance.

Can you clarify who owns this debt?

From your Diary post it looks like it was assigned (sold) to Link Financial.

So which "outstanding balance" is being credited by Barclaycard - is it Link or Barclaycard who no longer own the debt (if it was assigned)?

Di

[nightwatch]

Many thanks.So just out of curiosity should I now legally receive something from the DCA confirming the new balance?

you should, but don't hold your breath

[scottygees]

Hiya,
as far as I am aware it should not make a differance to SB, keep hold of the letter saying Barclays are repaying it to the account.
This would proove that you did not make the payment. it also means that the DCA will have to change the Balance due on any paperwork.
plus the fact it is UE till they produce the CCA so can't enforce through the courts

Many thanks.So just out of curiosity should I now legally receive something from the DCA confirming the new balance?