scottygees UE diary

[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

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 Yes I usually send POs but was wondering whether following GDPR etc the £1 fee was no longer applicable.

[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!

[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.

[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

[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]

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

[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!

Right on cue LBC received for my wife from Lowell’s!

[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

[scottygees]

Yes, but is it a compliant DN or is it defective?

Email me the Letter of Claim first 2/3 pages setting out the three debts.

And email me the Vanquis Default Notice Lowell sent to you.

Nothing more at this stage.

Have a good weekend.

Di

Di

i have sent you a number of emails separating each request for documentation you have requested. Let me know if you need anything else.

[Joanna Connolly Solicitors]

did Default vanquish have the date of issue or separate letter?

I’ve asked the OP to email me the DN so all will be revealed then.

Di

[The Tech Clerk]

did Default vanquish have the date of issue or separate letter?

[Joanna Connolly Solicitors]

***UPDATE***

SAR documents now located. The Default notice is the same as what Lowells have sent me.

Yes, but is it a compliant DN or is it defective?

Email me the Letter of Claim first 2/3 pages setting out the three debts.

And email me the Vanquis Default Notice Lowell sent to you.

Nothing more at this stage.

Have a good weekend.

Di

[scottygees]

As you say, this is not unexpected.

Email me the first couple of pages of Lowell's Letter of Claim so I can see what they are planning to claim and why they think they have the right to claim it.

Also email me what documents they have sent you in three separate emails (so I don't get confused ) since they seem intent of claiming three separate unconnected debts in one claim.

I know you've previously sent me some documents but I want to be certain that I'm looking at the right paperwork.

Di

As usual thanks for the reply Di. Do you require absolutely everything including the Vanquis statements? There is quite a lot to send through and unfortunately my IT skills are a little to be desired! If you can confirm and I will send everything they sent me over to you in the next day or so. I really do appreciate the help you and your associates provide.

[scottygees]

It is often overlooked by Creditors/Claimants just how important the method of service of a Default Notice is (if indeed one was ever served), i.e. first or second class post.

If during the course of Proceedings the Claimant produces a Default Notice that is all very well and good, however if the notice was not served in time to allow a Consumer at least the minimum amount of time to remedy the alleged breach, the notice is defective and the agreement will have likely been incorrectly terminated and the Claim should fail as the Claimant has no right to call in the full balance.

An argument often put forward by a Claimant in response may be that even though the Consumer wasn't given the correct amount of time to remedy the breach on the face of the Default Notice itself, the agreement wasn't actually terminated on the day after the date specified in the notice for compliance and therefore the Consumer was granted more than the required amount of time.

That stance requires what can often be complex arguments in Court (if a case reaches that stage) and is obviously where Joanna Connolly Solicitors can assist.

Many Thanks Colin, all sounds very confusing to me. I will send what Lowell’s sent me to Di to have a look at and take advice from there. It is good to know there are other potential arguments that can be raised. Fingers crossed.