Meepatme Diary - Start of the long path

[Joanna Connolly Solicitors]

SAINSBURYS BANK LOANS

• Type of account (credit card/loan): Loan
• Date commenced (ideally before Apr 2007) 06/09/2015
• Approx balance:£21700
• Date last paid (approximate date you last made a FULL payment) July 2017
• Are you on arrangement or not paying Not Paying
• Status (default/in arrears/up-to-date) Up-to-Date
• Account owner (who is writing to you, a DCA or the lender)Lender

11/08/2017 DD cancelled, letter sent:My circumstances have changed considerably, resulting in I cannot now afford the agreed monthly payments due to debts spiralling out of control my outgoing are now far higher than my income.I have been speaking to Step Change at length regarding my situation reference number xxxx and I intend to enter into a DMP in December 2017. If interest or other charges are being added to the account, I'd be grateful if you would freeze these so that the debt does not increase. If the interest can freeze it would certainly help these very stressful times.Should my circumstances improve, I will contact you immediately. Expect to hear from Step Change in November regarding the December DMP. If you could please address any communications going forward in letter format ONLY. As this is affecting me emotionally with the stress of debt and challenging times ahead.Thank you for your assistance, I look forward to hearing from you as soon as possible.
17/08/2017 CCA sent recorded delivery (forum copy)
22/08/2017 letter received acknowledging CCA copy enclosed in thread.
25/08/2017 Appears to be just statement. Enclosed copy on thread. No agreement assume sending separate.
30/08/2017 Letter received with agreement on copy. Appears to be valid copy will send here for to see whats what
30/08/2017 Niddy confirms enforceable too new
06/09/2017 Annual Loan Statement received today assume part of the cca request. Will file and wait

Summary since above, one letter from wescott in May 18. Only received statements since. This is the debt i would of thought would of had most activity being the largest.

^ ^ ^ Is this Sainsbury's loan the debt which has just been assigned to Intrum?

I've removed the statements you upload from your post to protect your identity

Di

[Meepatme]

Oh lovely just found

https://all-about-debt.co.uk/forum/d...inance-limited

Yet another not on the authorized list.

That's 4/5 debts in this situation

[Meepatme]

Above no changes, my Salisbury which is my bigger debt 20k has been more finally from Salisbury Loans to intrum.

[Joanna Connolly Solicitors]

the same problem Hoist Finance had, would mean 3 / 5 my debts are with none fca Authorisation firms.

I guess were keep quiet and see what develops

Exactly

Di

[Meepatme]

Very interesting that the same problem Hoist Fiance had, would mean 3 / 5 my debts are with none fca Authorisation firms.

I guess were keep quiet and see what develops

[Joanna Connolly Solicitors]

Hi Di,

No they have kept the debts separate and they are both in the name of Cabot Financial (UK) Ltd HSBC notification dated 27th Nov 2019.

Niddy found all mine enforceable as they are all relatively new.

Even if a credit agreement is enforceable that doesn't necessarily mean the debt will be enforceable.

Cabot Financial (UK) Ltd are not authorised by the FCA so it'll be interesting to see what their next move will be, since issuing legal proceedings would be unlawful.

Jo explains this here >

On 24 April 2019 we were successful in a consumer credit Appeal on the issue of FCA Authorisation - or rather, lack of FCA Authorisation. Idem Capital Securities Limited admitted in court they were not authorised by the Financial Conduct Authority to exercise the rights of a lender but said they were exempt as they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties that there was a valid servicing agreement in place. The issue for the Circuit Judge to decide whether Idem Capital Securities Limited could rely on the exemption under paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that Idem Capital Securities Limited was not able to rely on the FCA authorisation of an affiliated 3rd party ( paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed.

Idem Capital Securities Limited did not appeal the judgment.

Di

[Meepatme]

Hi Di,

No they have kept the debts separate and they are both in the name of Cabot Financial (UK) Ltd HSBC notification dated 27th Nov 2019.

Niddy found all mine enforceable as they are all relatively new.

Cheers R

[Joanna Connolly Solicitors]

-HSBC LOAN - Now moved to cabot jan 19 - read some threads sounds like there some defenses against these guys
-HSBC OVERDRAFT - Now moved to cabot jan 19

I see that both your HSBC debts have been assigned to Cabot this month.

Did HSBC amalgamate the two accounts before selling them as one debt? This should be clear if you've received two separate letters, or was there only one Notice of Assignment?

HSBC typically combine debts before assignment which can make life difficult for them if/when they issue legal proceedings.

And is the new debt owner Cabot Financial (UK) Ltd? It matters.

I also see that you sent a s77-79 CCA Request to HSBC for the loan, and you then sent the response to Niddy for his opinion. What was his verdict?

Di

[Meepatme]

Hi All, Happy 2020.

Sorry threads been quiet but nothing really to much to say just ignoring them lot mostly.

2 1/2 year in so far, nearly half way come the 2020 summer. Some useful tips. Remove voicemail from mobiles, block all numbers they use.
For home phones get a block service. Am with Sky so I use sky screening. Once you block there calls the automated mails go away.
Not had any calls now for about a year. Summary of latest changes below.

Here to another year

Cheers R
Debt summary:
-BARCLAYCARD - Debt with Hoist Finace, 2019 case discontinued.
-SAINSBURYS BANK LOANS - With wescott no letters since may 18 - This was the one i was most worried about -being 21k
-HSBC LOAN - Now moved to cabot jan 19 - read some threads sounds like there some defenses against these guys
-HSBC OVERDRAFT - Now moved to cabot jan 19
-MBNA - now with pra group, no last letter since nov 18

[nightwatch]

This is fantastic news, well done to all.

[cymruambyth]

That is brilliant news, well done to everyone at Joanna Connolly Solicitors. As Di keep telling everyone, ‘it’s in the detail’ and ‘there are lots of things to check other than the agreement’!

[Joanna Connolly Solicitors]

Well Di's firm got the firm to discontinue after they put in my defense cant say more then that really. Dont have to take them on alone

We were happy to be able to help, especially since you were seriously contemplating bankruptcy when you were told your credit agreement was enforceable because it was "too new" (2011).

Despite this you won

01/09/2017 CCA received emailed niddy see how we stand
11/09/2017 niddy responded cca enforceable debt too new

SUMMARY CCA received passed to niddy to see. Niddy advised debt to new so enforceable
Last edited by Meepatme; 18th September 2017, 13:51.

But yesterday a county court notice was received. As the debt is enforceable threes does not seem any point fighting. Will write up the bankruptcy form for the end of this month after I get paid and clear some of it out ready for the expected.

Well Done You

Di

[Meepatme]

Well Di's firm got the firm to discontinue after they put in my defense cant say more then that really. Dont have to take them on alone

[Meepatme]

Sent everything over on the email. No never been on a DMP, after I got to a point where enough was enough i just pretty much went dark on them except the round of CCA's

[Joanna Connolly Solicitors]

ooo maybe some hope left yet then. Thanks Di email just sent

There's nearly always hope

It's important to explore all potential legal arguments, not just focus on the credit agreement.

Did you send your s77-79 CCA Request to Barclaycard or Hoist in 2017?

Can you clarify if you were in a DMP with StepChange, and if so between what dates approximately? I'm trying to establish whether you were in a DMP when the account was terminated and assigned to Hoist.

(I've received your email.)

Di