scottygees UE diary

[scottygees]

Your Diary is short on details.

You should have been sent a Notice Of Assignment by Cabot and also Yorkshire Bank and this isn't shown.
The NOA is a legal requirement and should have been served on you!

Letters from NCO should have expressly mention the Creditor Owner (Cabot).

It may be that a SAR on the DMP is required
And a SAR on Yorkshire Bank because this was an overdraft.
This to find out what has happened.

In the meantime Cabot will be aware of your Letter re overdraft (because NCO were their Agents) and this is still outstanding!!
Do you have the proof of postage of that Letter?

Don't mention this as its a little something in the Bank to be used if necessarily later!
Similarly if no NOA was sent to you this is another serious omission!! Say nothing of these issues.

I would wait and see what their next letter says - but in the meantime you need to do some background investigation of your own and flesh out the Diary entry!!

I’ll be straight up here and admit as payments were made via The DMP I discarded any correspondence received during this period so the diary is reflective of the correspondence I had to hand. Obviously the way I deal with and retain any correspondence has now changed. I will await their next move and will then send the SAR request. Yes I do have proof of postage for the letter sent.

[Roger]

Your Diary is short on details.

You should have been sent a Notice Of Assignment by Cabot and also Yorkshire Bank and this isn't shown.
The NOA is a legal requirement and should have been served on you!

Letters from NCO should have expressly mention the Creditor Owner (Cabot).

It may be that a SAR on the DMP is required
And a SAR on Yorkshire Bank because this was an overdraft.
This to find out what has happened.

In the meantime Cabot will be aware of your Letter re overdraft (because NCO were their Agents) and this is still outstanding!!
Do you have the proof of postage of that Letter?

Don't mention this as its a little something in the Bank to be used if necessarily later!
Similarly if no NOA was sent to you this is another serious omission!! Say nothing of these issues.

I would wait and see what their next letter says - but in the meantime you need to do some background investigation of your own and flesh out the Diary entry!!

[The Tech Clerk]

old overdrafts were letter of facilities not CCAs if I remember correctly

[The Tech Clerk]

NCO only a coollection agency on commissions only,

[Still Waving]

Hi

If all they have done is advised that they have taken back the account, I would be inclined to do nothing at present and see what they do next.

However, as you are saying that Cabot own the account and NCO were their agents, your diary seems incomplete prior to Sept 2017, and it would be helpful if you were able to include what correspondence has taken place before then.

[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

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?

[nightwatch]

31/1/18 letter recd from Apex confirming they are no longer dealing with account and that it has gone back to capital one. They also returned the postal order in connection with the CCA request ,which I sent in July 2017 and suggest I contact Capital One directly for this. I have had very little contact from Capital one since they took the account back so am loathed to send the CCA request to them when I have already sent this to Apex previously.

all (3) our cap one accounts got taken back by them not heard anything in ages,

[cymruambyth]

Don5 do anything until you know who is next going to receive the account.

[scottygees]

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
17/7/17-CCA request delivered and signed for
31/7/17-telephone call from Apex wanting to set up payment plan. I told them to send all future correspondence in writing and confirmed I had written to them for CCA and that as they hadn't yet replied to this request I told them this debt was UE. They confirmed it did look like they had received a letter from me,to which I
asked them to action before contacting me further. I then put the phone down. In hindsight I should have failed security but at least I got the opportunity to get all correspondence in writing
01/09/17-letter received from Capital One dated 25/08/17 confirming Apex no longer collecting on their behalf and that they will now manage the account. CCA still not received
4/12/17 -statement of account recd from Capital One. Also asking to contact them to set up payment arrangement.Balance unchanged

31/1/18 letter recd from Apex confirming they are no longer dealing with account and that it has gone back to capital one. They also returned the postal order in connection with the CCA request ,which I sent in July 2017 and suggest I contact Capital One directly for this. I have had very little contact from Capital one since they took the account back so am loathed to send the CCA request to them when I have already sent this to Apex previously.

[cymruambyth]

Yes, this is one of their ploys and you are right to ignore.

[scottygees]

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.

So Robway phoned to discuss the account.i told them to write to me. So they write to me and all their letter states is they want me to ring them as they have an update for me. Why couldn’t they just put the update in the letter! I get the impression this is one of their tactics to try and make me inadvertently admit the debt. So no further action to be taken. If their update is so important I am sure they will write to me again!

[scottygees]

In the meantime, why not ask Niddy to confirm whether or not the agreement is enforceable? Just to be sure.

Niddy has confirmed it is enforceable,as I thought. Will send a missing PT’s letter to eat up some time and see what there next move is.

[Still Waving]

In the meantime, why not ask Niddy to confirm whether or not the agreement is enforceable? Just to be sure.

[cymruambyth]

If they have said that is on hold until 5 Feb I wouldn’t do anything until they contact her after then. As to whether it is just hot air, one can never be sure but it’s best to be prepared .

It may be best if you post a separate diary for your wife to make it easier to keep track of everything

[scottygees]

I am running a separate diary for my wife which I haven’t posted on this site. She has recd a letter from Lowell’s today saying they will be reviewing the account to decide whether to take legal action this will include looking at her credit file etc. The best way to stop this is to contact us to discuss repayment options etc etc. Is this more of a hot air letter than anything serious to worry about at this stage.They have already provided the CCA which is probably enforceable due to date the credit card was taken out, though I haven’t had this looked at by Niddy yet. They also sent a letter earlier this week saying the same account was on hold until 5th February to enable us to check they had sent all the information we requested when we sent off for the CCA .Any advice?