scottygees UE diary

[Joanna Connolly Solicitors]

Santander have returned my CCA request as the PO I sent was out of date. Considering Dryden have already sent these to me is it worth sending another request to Santander.?

I would send it to Santander again with an uo-to-date postal order so they can't say that your CCA Request was/is not valid.

Di

[scottygees]

27/2/20-CCA and income and expenditure form received directly from Drydens rather than Santander. Does this make any difference as the request was addressed to Santander with drydens only copied in?

so Santander have returned my CCA request as the PO I sent was out of date. Considering Dryden have already sent these to me is it worth sending another request to Santander.?

[Warwick65]

I know it seems that all we hear about is the claims that have been defeated, discontinued etc and we should take heart from that. I honestly never believed I would have all my debts dealt with but now they are- only one ever got to court and a very nice man helped me defeat that one- with help from Jo&Co of course.

All you can do is take one day at a time, one letter at a time and deal with what happens. It really is only money and they can't take what you haven't got.

[scottygees]

Chin up Scotty

No need to apologise - we all have bad days when debt seems overwhelming.

Debt purchasers enjoy wearing you down so don't give them the satisfaction.

Niddy often says "it's only money" and he's right.

Your wife may not get a claim so cross that bridge when you get to it. Claims can be defeated before they even get to court, and when that happens you'll get enormous satisfaction and much-needed closure.

Di

Sorry Di, I read on this site the number of times people have had claims discontinued, not gone to court, won in court etc and just have a suspicion that the one time that everything goes pear shaped will be on my own debts. I think so much appears to have come at us since New Year from both mine and wife’s accounts to prospective son in laws issues, my own operation etc that it has just overwhelmed me.

[Joanna Connolly Solicitors]

So I have to admit I am feeling a bit low at the moment.Everything seems to be coming at me at once. I have the good folk at Joanna Connolly dealing with one claim against me but have now got a few more potential threats coming my way. I know I can’t crumble under the pressure but my wife also has a claim on the horizon and I know we can’t afford to instruct anyone to act on our behalf for her claim. This is the worst I have felt while on this journey and I feel it is just consuming my life at the moment. Apologies for the way I am expressing myself.

Chin up Scotty

No need to apologise - we all have bad days when debt seems overwhelming.

Debt purchasers enjoy wearing you down so don't give them the satisfaction.

Niddy often says "it's only money" and he's right.

Your wife may not get a claim so cross that bridge when you get to it. Claims can be defeated before they even get to court, and when that happens you'll get enormous satisfaction and much-needed closure.

Di

[scottygees]

So I have to admit I am feeling a bit low at the moment.Everything seems to be coming at me at once. I have the good folk at Joanna Connelly dealing with one claim against me but have now got a few more potential threats coming my way. I know I can’t crumble under the pressure but my wife also has a claim on the horizon and I know we can’t afford to instruct anyone to act on our behalf for her claim. This is the worst I have felt while on this journey and I feel it is just consuming my life at the moment. Apologies for the way I am expressing myself.

[scottygees]

[QUOTE=scottygees;n1532903]

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
27/2/20-CCA and income and expenditure form received directly from Drydens rather than Santander. Does this make any difference as the request was addressed to Santander with drydens only copied in?
17/3/20-CCA request issued again to Santander
24/04/20-so further letter received from Drydens today regarding Santander account stating I haven't replied or proposed a repayment and to do so to prevent further collection action.
12/05/20 letter received from Santander they are unable to provide response due to COVID situation but will get CCA to me asap
13/05/20 letter received from Drydens their client is offering a substantial discount or instalments please contact us before 25/5/20.
15/05/20 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.

Awaiting CCA directly from request to Santander therefore currently U/E

[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

[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]

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

[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

[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 ?????

[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

[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.!

[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