scottygees UE diary

[Roger]

21/7/17-letter recd from Cabot dated 16/7/17,so this would have crossed in the post with my CCA request.It states as no payments are being received or a commitment to a payment plan the account will be reviewed for legal action.please contact us within 28 days. We have flexible solutions available.

Do I need to do anything at this stage?

Do nothing its UE whilst in default of a CCA

[scottygees]

TESCO

• Credit Card
• Date commenced -not known
• Approx balance- £989
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2016
• Status -unknown.Account no longer on credit report
• Account owner -Robinson Way

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for

21/7/17-letter received from Robinson Way confirming received CCA request and account put on hold temporarily until they have the agreement

[scottygees]

MBNA

• Credit Card
• Date commenced-unknown
• Approx balance-£785
• Date last paid-Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-unknown as no longer showing on credit report
• Account owner- Idem Capital Securities

no previous correspondence recd
13/7/17-CCA request made
17/7/17 CCA request delivered and signed for

21/7/17-letter received from Idem dated 19/7/17."we will endeavour to provide the requisite information within the next 12 working days

[scottygees]

YORKSHIRE BANK

• Credit Card
• Date commenced-not known
• Approx balance-£1583
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-unknown as no longer showing on credit report
• Account owner-Cabot

12/06/17-letter recd asking for contact to discuss solutions e.g monthly payment plan and reduced lump sum payment to clear
13/07/17-CCA request made
17/7/17-CCA delivered and signed for

21/7/17-letter recd from Cabot dated 16/7/17,so this would have crossed in the post with my CCA request.It states as no payments are being received or a commitment to a payment plan the account will be reviewed for legal action.please contact us within 28 days. We have flexible solutions available.

Do I need to do anything at this stage?

[Joanna Connolly Solicitors]

Now delivered

Jolly good

Di

[scottygees]

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

Di

Now delivered

[scottygees]

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

Di

Di it is the Barclaycard account held by link finance. Po box 30095,SE17WU

[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

[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?

[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]

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

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]

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

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

[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

[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