scottygees UE diary

[Joanna Connolly Solicitors]

It was when reading somebody else's diary whereby they had ignored a large debt and then sent them a CCA request and it had the adverse affect and actually appeared to wake the Giant.

It's always about timing.

If the Giant is asleep then let them sleep.

The minute the Giant wakes up and starts to make noises then that could be the right time to send a s.77-79 CCA Request.

Which of your debts are you talking about?

Di

[scottygees]

It's always about timing.

If the Giant is asleep then let them sleep.

The minute the Giant wakes up and starts to make noises then that could be the right time to send a s.77-79 CCA Request.

Which of your debts are you talking about?

Di

Di

Basically the debt in question is for a £12000 balance on a Tesco Loan which is now owned by Hoist and Robinson Way are collecting. This was included on my stepchange DMP, in the same way every other debt was until i stopped paying into my DMP in February.

I have read on one of these forums that a creditor cant seek to make you bankrupt on debts under £5k so with this debt being £12k I didn't want to prompt them to take any unnecessary action putting my prpoerty at risk.( i have a joint mortgage with my wife with a balance of £76k, property value around £120k)

have held them off so far by making excuses about there being problems with my DMP or by telling I would be setting the DMP back up with Stepchange which has bought me a little more time.

There were a few other debts on my DMP for things like utility arrears owed from previous suppliers, so as i would need to arrange a payment plan in connection with these i may as well actually go back to stepchange for them to set my DMP back up but only to include the debts i haven't sent a CCA request for, including the £12k loan.

If it transpires any of the agreements i have sent a CCA request for are actually enforceable there is a likelihood these will also be added to the DMP.

Hope this clarifies my situation a little better.

Obviously any advice given will be taken fully on board.

Thanks again

[The Tech Clerk]

joint mortgage? but one person loan?

[Joanna Connolly Solicitors]

joint mortgage? but one person loan?

Because it's an unsecured loan perhaps?

Di

[Joanna Connolly Solicitors]

Basically the debt in question is for a £12000 balance on a Tesco Loan which is now owned by Hoist and Robinson Way are collecting.

. . . . . have held them off so far by making excuses about there being problems with my DMP or by telling I would be setting the DMP back up with Stepchange which has bought me a little more time.

In which case immediately send a s.77-79 CCA Request to Hoist with a copy to Robinson Way.

Hoist are litigious - this particular Giant likes to issue claims.

Have you had any letters from Howard Cohen solicitors or any letters from Robinson Way informing you that Howard Cohen will be instructed to take over matters if you don't make an acceptable arrangement to pay?

A CCA Request will hopefully stop things before they start to escalate.

Di

[scottygees]

In which case immediately send a s.77-79 CCA Request to Hoist with a copy to Robinson Way.

Hoist are litigious - this particular Giant likes to issue claims.

Have you had any letters from Howard Cohen solicitors or any letters from Robinson Way informing you that Howard Cohen will be instructed to take over matters if you don't make an acceptable arrangement to pay?

A CCA Request will hopefully stop things before they start to escalate.

Di

yes the loan is unsecured and in my sole name.

I haven't received anything from Howard Cohen solicitors or Robinson Way in regards to Howard Cohen. There wasn't ever a problem whilst i was on my DMP and my payment proposals were accepted by Robinson Way hence my train of thought of setting my DMP back up to include this loan rather than send the CCA may be the better option.

[scottygees]

joint mortgage? but one person loan?

correct. unsecured loan in my name only

[Joanna Connolly Solicitors]

my train of thought of setting my DMP back up to include this loan rather than send the CCA may be the better option.

You can do both

If you discover that Hoist don't comply with your CCA Request rendering the debt unenforceable unless or until they do comply, then you can rethink whether you want to continue paying them via Robinson Way.

That's not a decision I can make for you but I'm sure other forum members will voice their own opinions based on their own experiences.

I'll only add that being in a DMP doesn't necessarily make you immune to legal proceedings.

Di

[scottygees]

You can do both

If you discover that Hoist don't comply with your CCA Request rendering the debt unenforceable unless or until they do comply, then you can rethink whether you want to continue paying them via Robinson Way.

That's not a decision I can make for you but I'm sure other forum members will voice their own opinions based on their own experiences.

I'll only add that being in a DMP doesn't necessarily make you immune to legal proceedings.

Di

Thanks Di. I also PM'd you earlier. If you could reply that would be great.

Many Thanks

[scottygees]

TESCO

• Loan
• Date commenced -not known
• Approx balance- £12267.15
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2016
• Status -default date Feb 2012
• Account owner -Robinson Way

I called Robinson Way to explain issues with DMP etc and they agreed to put account on hold for 30 days to allow stepchange to contact them.
19/06/17-letter recd from Robinson Way confirming that in connection with my update no further action will be taken on account for next 30 days
17/7/17-CCA request issued.
18/7/17-CCA request delivered and signed for
22/7/17-letter dated 18/7/17 recd from Robinson Way account put on hold whilst they deal with CCA request
05/09/17-letter recd from Rob Way dated 29/8/17.They haven't had a response from original creditor so action on account stopped whilst they await one.
11/10/17-letter recd from Rob Way .They still haven't had a response from original creditor so action on account will be stopped whilst they await it
18/10/17-letter recd from Rob Way.They are still awaiting a response and have contacted their client to remind them the request is still outsatnding. Confirm account still on hold.
18/01/18-furrther letter recd from Rob Way. They are still awaiting a response from their client .Account Still on hold
24/2/18-LETTER FROM ROBWAY-They are still unable to provide CCA.Account remains on hold
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.
3/6/19-statements and arrears notices received which Hoist forgot to send
01/10/19-arraesr notice and info sheet received
12/2/20-NOTICE OF SUM IN ARREARS (NOSIA)received
05/08/20-NOSIA Received
13/5/23-letters received from Hoist and Lowell’s stating debt now owned by Lowell’s
8/9/23-letter received from Lowell’s. Please contact us etc etc.
12/10/23-letter received from Lowell’s offering 50% discount with balance spread over 12 months e.g £500+ per month!
7/12/23-letter received from Lowell’s “action required on overdue account”
22/12/23-letter received from Lowell’s offering 60% discount with balance spread over 12 months e.g. £400 per month!
20/3/24-letter received from Lowell’s please contact us again or we will keep writing,ringing etc etc or may appoint 3rd party collectors.
9/4/24-letter received from Lowell’s offering 70% discount. As this is now SB I will pass on their offer
10/5/24-letter received “we have been trying to contact you”, set up payment plan, will take further action etc etc
10/6/24- letter received offering 90% discount. As this is SB I will pass on the kind offer

STILL AWAITING CCA
Statute Barred as of 19/6/2023

[Pat]

Hi Scotty

If it were me, as a rule I would not be calling anyone, put it all in writing.

If you do have to call them you could record the call, but I keep off the phone and always refuse to engage if they call me

I have also written to all my creditors saying I will only communicate in writing - keeps things simple and you have a papertrail ( It does mean I have a small filing cabinet full of paper but hey ho )

[scottygees]

Hi Scotty

If it were me, as a rule I would not be calling anyone, put it all in writing.

If you do have to call them you could record the call, but I keep off the phone and always refuse to engage if they call me

I have also written to all my creditors saying I will only communicate in writing - keeps things simple and you have a papertrail ( It does mean I have a small filing cabinet full of paper but hey ho )

Hi Scotty

If it were me, as a rule I would not be calling anyone, put it all in writing.

If you do have to call them you could record the call, but I keep off the phone and always refuse to engage if they call me

I have also written to all my creditors saying I will only communicate in writing - keeps things simple and you have a papertrail ( It does mean I have a small filing cabinet full of paper but hey ho )

Pat

I usually request everything in writing but thought it would be quicker in this particular instance to update them so i could get a bit more time

[Pat]

Hi Scotty

I understand why you did it, just offering an opinion that telephone calls are not generally a good idea

At least they confirmed it in writing - you have no idea the number of times in the past different people have denied all knowledge of a telephone call ( not necessarily talking about debt here- Vodafone are awful for it)

I also found out the hard way that courts may not allow covert recordings - even when it proves they lied

[scottygees]

just checking my whether the CCA requests have been received and one of them cant be delivered due to no access to the delivery address.Royal mail have left a card to await instructions otherwise it will be returned back to me. Where does this stand as far as the timeframe they have to respond to my request? i assume the clock wont start until they have signed for it.

Any advice?

[Joanna Connolly Solicitors]

one of them cant be delivered due to no access to the delivery address.Royal mail have left a card to await instructions otherwise it will be returned back to me. Where does this stand as far as the timeframe they have to respond to my request? i assume the clock wont start until they have signed for it.

Which creditor is this and what address did you use when you sent your CCA Request?

Di