scottygees UE diary

[scottygees]

So it must be the time of year as I have just received a letter from Drydensfairfax solicitors regarding an old Santander Credit card account. I have until 4th Feb to respond or they will take appropriate action. I haven’t yet sent a CCA request for this one, soam thinking this needs to be done ASAP. Who should I send it to Santander or fairfax. If I send to Santander should I let fairfax know? I will create a diary entry asap with the paperwork I have in my possession.
Thanks in advance

As promised debt history given below
Santander

• Credit Card
• Date commenced -not known
• Approx balance £198.96
• Date last paid -Sept 2015
• Are you on arrangement or not paying-DMP but no payment since Feb 2017
• Status -not sure no longer on Credit report and no default notice in my paperwork
• Account owner-Santander

24/7/17-statement received from Santander
25/01/18-statement received from Santander
27/11/18-letter received from Santander appointing Moorcroft as their agent to collect
3/12/18-letter received from Moorcroft requesting payment .letter draws attention to there being a default applied from Santander to credit file but no date given when applied
17/12/18-letter received from Moorcroft citing possible further action
01/01/19-letter received from Moorcroft offering monthly instalment plan
15/01/19-letter receoved from Moorcroft confirming no payment yet in place, further action may be recommended. Now citing there may be a default registered by their client.
25/01/19-statement received from Santander
01/02/19-letter received from Moorcroft threatening doorstep visit
04/03/19-discount offer received from Moorcroft
03/04/19-letter received from Moorcroft outlining payment options
18/06/19-letter received from Santander appointing Robinson Way to manage account
29/06/19-introduction letter received from Robinson Way
24/07/19-letter from Robway wanting to help
25/07/19statement received from Santander
23/09/19-balance reduction letter received from Robway
03/10/19-letter from Robway confirming Financial help available
21/01/20-letter recievd from drydenfairfax solicitors requesting contact by 4th Feb 2020.letter confirms not to underestimate seriousness of current circumstances.
25/01/20-annual statement received from Santander
27/01/20 CCA sent to Santander (copied to DrydensFairfax) 1st class signed for.
04/02/20-letter received from Drydens confirming receipt

Awaiting CCA therefore currently U/E

So just to confirm should CCA request be sent to Santander or Drydens or both?

Many Thanks

[Joanna Connolly Solicitors]

I would send your CCA Request to Santander with a copy to DrydensFairfax.

Is that letter a formal Letter of Claim which you’ve received?

If the balance is £198 it would be impractical for them to issue court proceedings, but that probably won’t stop them.

See what comes back from your CCA Request.

Di

[scottygees]

I would send your CCA Request to Santander with a copy to DrydensFairfax.

Is that letter a formal Letter of Claim which you’ve received?

If the balance is £198 it would be impractical for them to issue court proceedings, but that probably won’t stop them.

See what comes back from your CCA Request.

Di

Morning Di

no it’s not an LBC just a threatening letter at this stage. Does it still cost a £1 to request?

Regards

[nightwatch]

Hi Scotty

Yes, send the £1.00 fee with the request, some say they don't charge for the CCA, but always send it just incase.

[Roger]

Morning Di
no it’s not an LBC just a threatening letter at this stage. Does it still cost a £1 to request?
Regards

The £1 is an expressly mentioned in the CCA S77/78 (its in the Act). As a Consumer you cannot be sued until they have fulfilled your request provided you have included that £1. I send and use Postal Orders (I photocopy , you can of course take picture with MOB) these have unique Nos and you can check with Post Office for encashment.
So that £1 is a very important part of your Consumer Rights!

[scottygees]

The £1 is an expressly mentioned in the CCA S77/78 (its in the Act). As a Consumer you cannot be sued until they have fulfilled your request provided you have included that £1. I send and use Postal Orders (I photocopy , you can of course take picture with MOB) these have unique Nos and you can check with Post Office for encashment.
So that £1 is a very important part of your Consumer Rights!

Thanks Roger. Yes I usually send POs but was wondering whether following GDPR etc the £1 fee was no longer applicable.

[Warwick65]

Some may disagree but if you have a cheque book, or even better your partner does then of course a cheque is a lot cheaper . Of course still keep a copy but you will see it go through on a bank statement. Make sure it is a different bank though :-).

I used PO first time round and had to spread them over several weeks because of cost ( and the number of creditors). Later on I used cheques, by that time my signature had evolved enough to be different - not that banks check signatures

[Joanna Connolly Solicitors]

Later on I used cheques, by that time my signature had evolved enough to be different - not that banks check signatures

Are you sure about that

This forum's CCA Request template letter recommends a digital signature just in case, hence the postal order not a signed cheque.

Maybe because there's anecdotal evidence that sometimes signatures get 'lifted' by unscrupulous debt owners.

Di

[scottygees]

Are you sure about that

This forum's CCA Request template letter recommends a digital signature just in case, hence the postal order not a signed cheque.

Maybe because there's anecdotal evidence that sometimes signatures get 'lifted' by unscrupulous debt owners.

Di

It’s a good job I no longer have a cheque book.!

[scottygees]

SAR/GDPR request efforts send as no signature. Is the current no signature template still valid? Or does anybody know an email address for Aqua that I can use instead. Many Thanks

[The Tech Clerk]

always written Recorded Delivery = keep receipts e-mail are obtrusive and seem to be lost in the system if not respond as a Thankyou for your E0MaIL ETC Refereeing signature strip if still on letters? then use it ?????

[nightwatch]

You do need a signiture for a SAR request just make it slightly different to your normal, OR get someone else to sign your name.
Most of them say it doesn't match the one on record and ask for ID

[scottygees]

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. So I will try and break this down nto the three separate debts to try and make it clearer:

Vanquis

Previously it was suggested I request the default notice for the Vanquis account of which they unduly replied and unfortunately it is a true copy of the one I received following my SAR request to Vanquis. As I also have an enforceable CCA is there anything else I can request or am I just going to have to suck this debt up and arrange a payment plan?

J Williams

As things stand I believe the CCA they sent me is unenforceable as the copy they sent me when i requested it hasn't been signed or dated by myself. The LBC states they can provide a copy of the CCA upon request. Though I am not sure that is the prudent thing to do. I do have a default notice for this account on file dated 25th July

EE

This is only £95 so I am not too concerned about this even though I am not sure whether I owe this or not as it goes back to an agreement I took out in 2005 supposedly.

As stated in a previous post I really cant remember how the account was opened. If I was to hazard a guess I would say online but I cant be sure. I don't know how phone contract agreements work but I was with EE for a while and would be pretty confident I would have upgraded after a couple of years, so not sure whether this would constitute a new agreement each time I upgraded or not in which case I am not sure the agreement i signed in 2005 would be the one that the debt is against. Lowells solicitors have previously argued the agreement isn't regulated by the Consumer credit act and therefore the original creditor is not required to retain a copy of the agreement. They have stated in their correspondence that they can however provide copies of the terms and conditions though I am not sure what that proves.

So that is the current state of play so advice is needed for what to do next and how to fill in the LBC reply. Hopefully someone more knowledgeable than myself will be able to help me make that decision and advise any further documentation I can request to prolong this journey.

Once again thanks in advance.

PS Lowells must be busy as they have assigned one of my wifes debts to their solicitor to potentially instigate legal action as well!!

Sorry for the ramble!

So I have now received the county court claim from Northampton Business Centre. As expected all three unconnected debts are rolled up into one claim.

The date of issue is the 18thFebruary, so obviously I will defend the claim in full but just wondering is it worth completing the Acknowledgement of service now or nearer to the deadline date.

Thanks in advance

[Joanna Connolly Solicitors]

So I have now received the county court claim from Northampton Business Centre. As expected all three unconnected debts are rolled up into one claim.

The date of issue is the 18thFebruary, so obviously I will defend the claim in full but just wondering is it worth completing the Acknowledgement of service now or nearer to the deadline date.

You can email me the first page of the Claim Form.

Despite there being three different debts on the same claim, they will need individual Defences etc.

Di

[scottygees]

You can email me the first page of the Claim Form.

Despite there being three different debts on the same claim, they will need individual Defences etc.

Di

Di just Emailed to you now.

many thanks