scottygees UE diary

[scottygees]

15th May letter and CCA received from Santander with transaction log . From their correspondence it looks like they think I have requested a SAR, which I didn’t. The CCA they have sent has an account number but no reference to myself and isn’t signed or dated. Their covering letter states they can comply with legal requirements by sending a copy of the agreement in the same form as the one I would have signed under consumer credit regs 1983. I also note from the activity log that they don’t appear to have issued a Default notice. Any advice bearing in mind their Solicitors did send me the CCA?

[The Tech Clerk]

send CCA not redacted to:- webmaster@all-about-debt.co.uk for checking

[The Tech Clerk]

A SAR would enclose all letter etc held on your account etc default dates and a notice (if issued) etc etc not just a cca copy of/or not and transactions, some try to convince you that is all they need

[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
6/6/19 - Letter received from Cabot today stating account has been reviewed for Legal Action reply within 28 days to avoid this. So they have sent threatening letters before but nothing has come,however they are now saying the account has been reviewed rather than may be reviewed. So I sent the CCA follow up letter back in April 2018 and never received a direct response. Should I sit tight and await their next correspondence or should I send something to them reminding them they never responded to my 2nd CCA request? The current creditor is still Cabot Financial UK Limited.Are they licensed?

3/10/19 letter recd we need your urgent attention etc etc
18/10/19-potential legal action letter received. no action taken as had them previously and never followed through on threats
15/11/19-letter received-"We will not be pursuing legal action at this time but balance still needs to be paid"
17/11/19-letter received.Please set up payment plan
17/12/19 letter received.Please set up payment plan
14/1/20-another payment plan letter received
16/1/20-explore your repayment options letter received
01/02/20-thats right another payment plan letter received
18/2/20-and another one
21/2/20-its not too late to get back on track letter received
6/3/20-taking control is only a click away letter received
11/3/20-and another its not too late to get back on track letter received









CCA STILL OUTSTANDING.

17/6/20-letter received from Cabot that has made me laugh offering a 40% discount which they are labelling this reduced offer as a "Summer Saver". It made me chuckle!

[Joanna Connolly Solicitors]

17/6/20-letter received from Cabot that has made me laugh offering a 40% discount which they are labelling this reduced offer as a "Summer Saver". It made me chuckle!

That was probably sent on a 'worth a try' basis

Keep your eye on the post for any Letter of Claim.

Di

[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
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.
29/6/19-letter received from Lowell and Lucas Credit . So it disappear Lowell have now instructed Lucas Credit to take collection action . !have letter is quite threatening and confirms they will instruct Lowells solicitors to take legal action if no solution can be found. So I currently have a SAR request outstanding for the vanquis account. Any advice on how to proceed will be greatly appreciated. Also why would Lowells i struck another company to instruct their own solicitors to take action?
5/7/19-letter before claim (LBC) received from Lowells Solicitors dated 2/7/19.
This LBC covers 3 debts Vanquis, J Williams and also a £95 EE mobile account from sometime in 2005. Should they have sent 3 individual letters as the reply form isn't really set out in a way to cover each individual debt.
I cant say I am surprised I have received this as my last few entries have indicated this was on the horizon. So they are requesting full payment in 30 days from date of letter.
So I am guessing at this stage there is a specific way in which to deal with this claim? I will be honest unless I have a concrete defence I wouldn't want this to get to court, however at the same time I don't have any spare funds to settle this and would only have limited resource to pay in instalments.
31/12/2019- Happy New Year letter, sorry further letter received from Lowells solicitors dated 27th December 2019. They have included a notice of default for the Vanquis debt. This is dated 15th May 2014. They have also once again included the Vanquis CCA and a list of all Vanquis transactions.
On top of this they have also sent what looks like the letter of assignment for the EE account (dated 11/06/2018) and an EE bill from Feb 2016.
The letter confirms what they have sent and confirms the balances of all 3 debts and gives me 14 days to respond from the date if the letter.0nce again it states further action may be taken which may result in a claim form being issued and costs added to the debts.
So just to confirm it would look like following on from me asking for further documents when the LBC was received back in July they have now been able to find the Default notice for the Vanquis account. Though my credit report does show a different default date.
Further advice sought
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
19/02/2020- county court claim received dated 18/02/20 that covers all three unconnected debts on one claim. Advice sought as to when to complete AOS with a view to maximising time to write defence
21/02/2020- Spoke with Di and advised to send SAR request to Lowell’s
22/02/2020-SAR request sent to Lowell’s 1st class signed for.
18/03,20-SAR request still outstanding. Everything now with Joanna Connelly solicitors who have defended claim on my behalf

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
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.

29/6/19-letter received from Lowell and Lucas Credit . So it disappear Lowell have now instructed Lucas Credit to take collection action . !have letter is quite threatening and confirms they will instruct Lowells solicitors to take legal action if no solution can be found. So the J Williams account CCA is not signed or dated so was deemed unenforceable. Any advice on how to proceed will be greatly appreciated. Also why would Lowells i struck another company to instruct their own solicitors to take action?

5/7/19-letter before claim (LBC) received from Lowells Solicitors dated 2/7/19.
This LBC covers 3 debts Vanquis, J Williams and also a £95 EE mobile account from sometime in 2005. Should they have sent 3 individual letters as the reply form isn't really set out in a way to cover each individual debt.
I cant say I am surprised I have received this as my last few entries have indicated this was on the horizon. So they are requesting full payment in 30 days from date of letter.
So I am guessing at this stage there is a specific way in which to deal with this claim? I will be honest unless I have a concrete defence I wouldn't want this to get to court, however at the same time I don't have any spare funds to settle this and would only have limited resource to pay in instalments.
31/12/2019- Happy New Year letter, sorry further letter received from Lowells solicitors dated 27th December 2019. They have included a notice of default for the Vanquis debt. This is dated 15th May 2014. They have also once again included the Vanquis CCA and a list of all Vanquis transactions.
On top of this they have also sent what looks like the letter of assignment for the EE account (dated 11/06/2018) and an EE bill from Feb 2016.
The letter confirms what they have sent and confirms the balances of all 3 debts and gives me 14 days to respond from the date if the letter.0nce again it states further action may be taken which may result in a claim form being issued and costs added to the debts.
So just to confirm it would look like following on from me asking for further documents when the LBC was received back in July they have now been able to find the Default notice for the Vanquis account. Though my credit report does show a different default date.
Further advice sought
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
16/01/2020-better copy of CCA sent to Niddy who again confirmed as there is no signature it is .
19/02/2020- county court claim received dated 18/02/20 that covers all three unconnected debts on one claim. Advice sought as to when to complete AOS with a view to maximising time to write defence.
21/02/2020- Spoke with Di and advised to send SAR request to Lowell’s
22/02/2020-SAR request sent to Lowell’s 1st class signed for.

18/03,20-SAR request still outstanding. Everything now with Joanna Connelly solicitors who have defended claim on my behalf

The CCA they previously sent doesn't have a signature or date on it, so is currently unenforceable I believe.



CCA STILL OUTSTANDING

20th October 2020- huge update.So since the last update there has been a lot of activity on these accounts. So having instructed Joanna Connolly Solicitors to act on my behalf they made the defence for me and sent numerous letters explaining to Lowell’s that there paperwork didn’t stack up. Lowell’s however played hard ball and continued with the claim. Following request for further information via a CPR request, Lowell’s were unable to provide the required documents resulting in our side submitting to get the claim struck out in its entirety. On the back of this Lowell’s agreed to discontinue the JWilliams and EE part of the claim but felt confident they would succeed with the Vanquis account prompting their claim being amended requiring us to submit a further strike out application. The hearing took place on the 2nd October where Colin from Joanna Connolly’s represented me. From the conversations I have since had with Colin I believe the other side left the hearing with there tails firmly between their legs after feeling the wrath of the judge who ultimately STRUCK OUT the claim made against me. A big thanks to all concerned especially Colin on what was a very rocky road where I have to admit I did feel nervous of what the outcome would be. Ever so grateful.

[nightwatch]

[scottygees]

An old payday loan has just come back to haunt me. It’s only for £79 but looks like the Solicitors AJJB Law will in due course be sending a letter before claim according to the correspondence they have sent me. So this is less than 6 years old so not SB would it be worthwhile making a Full and final settlement offer or would you wait to see if they do send the LBC before deciding what action to take. I get the feeling this company is quite litigious as they have issued court proceedings against me previously. Thanks in advance

[Joanna Connolly Solicitors]

An old payday loan has just come back to haunt me. It’s only for £79 but looks like the Solicitors AJJB Law will in due course be sending a letter before claim according to the correspondence they have sent me. So this is less than 6 years old so not SB would it be worthwhile making a Full and final settlement offer or would you wait to see if they do send the LBC before deciding what action to take. I get the feeling this company is quite litigious as they have issued court proceedings against me previously.

Is the history of this debt posted on your Diary?

Why not send them a CCA Request to see if that stops them in their tracks.

See what does, or doesn't, come back which may help you to decide whether a F & F is the way forward.

Di

[scottygees]

Is the history of this debt posted on your Diary?

Why not send them a CCA Request to see if that stops them in their tracks.

See what does, or doesn't, come back which may help you to decide whether a F & F is the way forward.

Di

Thanks for the quick response Di. This one isn’t on my diary. To be honest I had forgotten about it with it being such a small amount.

is it still £1 for the CCA request?

[Joanna Connolly Solicitors]

Thanks for the quick response Di. This one isn’t on my diary. To be honest I had forgotten about it with it being such a small amount.

is it still £1 for the CCA request?

Yes it's still £1 for the statutory fee to be sent with your CCA Request.

Are you sure you've forgotten about it or is there any possibility that you don't owe it etc? They need to prove it first.

Or you may decide to make a complaint to the PDL lender about irresponsible lending etc depending on the history of the debt.

Di

[scottygees]

Yes it's still £1 for the statutory fee to be sent with your CCA Request.

Are you sure you've forgotten about it or is there any possibility that you don't owe it etc? They need to prove it first.

Or you may decide to make a complaint to the PDL lender about irresponsible lending etc depending on the history of the debt.

Di

I do remember this one unfortunately. I will send the CCA request and see what comes back and then look at offering a F&F due to the low amount owed.Thanks again

[Joanna Connolly Solicitors]

I do remember this one unfortunately. I will send the CCA request and see what comes back and then look at offering a F&F due to the low amount owed.Thanks again

Ok, but consider whether a complaint might strengthen your bargaining power for a F & F albeit they're only chasing £79.

If the complaint went to the FOS they have to pay them something like £500 for the investigation which they will know, so that could focus their mind in any negotiations

Who was the original PDL lender?

Di

[scottygees]

Ok, but consider whether a complaint might strengthen your bargaining power for a F & F albeit they're only chasing £79.

If the complaint went to the FOS they have to pay them something like £500 for the investigation which they will know, so that could focus their mind in any negotiations

Who was the original PDL lender?

Di

It was payday express.

[Joanna Connolly Solicitors]

It was payday express.

Did you have more than one PDL with them which might have the potential for an 'affordability' complaint and possible interest refund?

Read this link to see if it helps you > https://debtcamel.co.uk/refunds-payd...ss-money-shop/

Di