scottygees UE diary

[nightwatch]

16/11/18 so out of the blue a 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. So my question is how will that affect the statute barred date? Thanks in advance

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

[scottygees]

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

CCA REQUEST STILL OUTSTANDING UE

16/11/18 so out of the blue a 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. So my question is how will that affect the statute barred date? Thanks in advance

[scottygees]

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

CCA REQUEST STILL OUTSTANDING UE

16/11/18 so out of the blue a 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. So my question is how will that affect the statute barred date? Thanks in advance

[Joanna Connolly Solicitors]

So further letter recd today from Cabot this time a little more threatening mentioning letter before claim, attachment of earnings etc and giving 14 days to reply. They still haven’t sent my requested CCA. Any advice at this stage ? Are Cabot still not registered )

Which debt does this relate to, and can you re-post or quote the history so any suggestions can be made on what your next step should be or not be.

Di

[The Tech Clerk]

Is it a treatogram or an actual 5 page PAP letter? giving 30 days? Diana Mayhew

[scottygees]

Hi Scottgees,
Is this one for an overdraft? I'm not sure but I think overdrafts may be excluded from the CCA, therefore a slightly different approach may be needed.
Best wishes, good luck
Morse

Yes this is the overdraft. Reading the letter again it does say potential legal action and what that may mean. It also states “if” a solicitor is instructed,so again this may just be another way of ramping up a bit of pressure without them actually carrying out the threat. Any advice greatly appreciated

[Morse]

So further letter recd today from Cabot this time a little more threatening mentioning letter before claim, attachment of earnings etc and giving 14 days to reply. They still haven’t sent my requested CCA. Any advice at this stage ? Are Cabot still not registered ) TIA

Hi Scottgees,
Is this one for an overdraft? I'm not sure but I think overdrafts may be excluded from the CCA, therefore a slightly different approach may be needed.
Best wishes, good luck
Morse

[scottygees]

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.

So further letter recd today from Cabot this time a little more threatening mentioning letter before claim, attachment of earnings etc and giving 14 days to reply. They still haven’t sent my requested CCA. Any advice at this stage ? Are Cabot still not registered ) TIA

[scottygees]

I see

Unless you quote the post which has the history of a debt which needs advice it's not easy to make suggestions.

However, general speaking, my view is if you tell a debt owner the credit agreement they've produced is illegible you run the risk of them sourcing or reconstituting a better (legible) version.

Ditto if you tell them it's not signed or dated. Never tell them what they've got wrong or they will attempt to correct their mistakes.

Di

thanks Di.i’ll keep quiet then

[Joanna Connolly Solicitors]

Sorry Di I can be a numpty sometimes, i also have a JDWilliams account that Lowell’s now own. The question was in relation to whether I should now contact Lowell’s about my account, as the agreement they sent me was ineligible and not signed or dated, in the hope they may take similar action to my wife’s account. Apologies for the confusion

I see

Unless you quote the post which has the history of a debt which needs advice it's not easy to make suggestions.

However, general speaking, my view is if you tell a debt owner the credit agreement they've produced is illegible you run the risk of them sourcing or reconstituting a better (legible) version.

Ditto if you tell them it's not signed or dated. Never tell them what they've got wrong or they will attempt to correct their mistakes.

Di

[scottygees]

What next move?

Unless I've misunderstood Lowells have closed the account, cleared the balance, and removed the default from her CRA file.

I see no reason for you to have anything more to do with them ever again.

It's over I'm pleased to say

Definitely don't write to them about the illegibility issue in case they change their mind!

Di

Sorry Di I can be a numpty sometimes, i also have a JDWilliams account that Lowell’s now own. The question was in relation to whether I should now contact Lowell’s about my account, as the agreement they sent me was ineligible and not signed or dated, in the hope they may take similar action to my wife’s account. Apologies for the confusion

[Joanna Connolly Solicitors]

this weekend my wife has had a letter from Lowells regarding her JD Williams account where following her CCA request they have decided that for a quick resolution they have closed the account, cleared the outstanding balance and removed the default. My question here is, would it now be a good time for me to send a follow up letter regarding the illegible copy they sent me or would you still sit and wait their next move?

What next move?

Unless I've misunderstood Lowells have closed the account, cleared the balance, and removed the default from her CRA file.

I see no reason for you to have anything more to do with them ever again.

It's over I'm pleased to say

Definitely don't write to them about the illegibility issue in case they change their mind!

Di

[Joanna Connolly Solicitors]

this weekend my wife has had a letter from Lowells regarding her JD Williams account where following her CCA request they have decided that for a quick resolution they have closed the account, cleared the outstanding balance and removed the default. My question here is, would it now be a good time for me to send a follow up letter regarding the illegible copy they sent me or would you still sit and wait their next move?

What next move?

Unless I've misunderstood Lowells have closed the account, cleared the balance, and removed the default from her CRA file.

I see no reason for you to have anything more to do with them ever again.

It's over I'm pleased to say

Definitely don't write to them about the illegibility issue in case they change their mind!

Di

[scottygees]

The SAR is between you and Vanquis (original creditor) and nothing to do with Lowells (debt purchaser).

Lowells won't automatically have access to that information either because when debts are assigned the debt purchaser receives minimal information (thankfully).

I wouldn't tell Lowells anything at this point. They have no duty to comply with your SAR to a third party (i.e. Vanquis) and it certainly won't stop their collections activity.

Di

'
So I still haven't received the SAR from Vanquis. I complained to the ICO following the 40 day deadline being breached but still haven't had a response from them either. Would it be wise to chase up the ICO for an update?

Meanwhile nothing to report of any significance from Lowells

Thanks

[scottygees]

Happy to hear this

Di

so this weekend my wife has had a letter from Lowells regarding her JD Williams account where following her CCA request they have decided that for a quick resolution they have closed the account, cleared the outstanding balance and removed the default. My question here is, would it now be a good time for me to send a follow up letter regarding the illegible copy they sent me or would you still sit and wait their next move? Thanks in advance