At long last I am claiming life back

[Roger]

Creditors will almost always try to convince you that they have complied with the Act and that the account is enforceable.
Cap 1 quoted Waksman in their letter replying to my original CCA request a few years ago - however Niddy said that what they had sent was UE.
Intrum may have complied with the CCA74 request but, as Di would tell you, the CCA74 request is for information purpose, but it does not prove enforceability.
I take it from what they have said that what they sent did not include a box containing a dated signature? See what others think, but I would consider sending the CPUTR letter, headed up as a Formal Complaint and referring to their recent letter.

I agree with Still Waving what is salient here is "..Date commenced pre 2007 .." .

A Formal Complaint under CPUTR. You should also ask them for a copy of their complaint procedures!
Ignore the 30 days. Their previous was a 10 day limit.
Also who or whom do Itrum say is the Current Creditor?

[The Tech Clerk]

First source = old BPO collections if I remember correctly?

[Warwick65]

If it helps I remember a few years back I worte to a creditor asking simply if they had the original copy of the credit agreement . They replied they did not have although they also sent what at first sight looked like a 100% enforceable agreement alomh with a complete statement of account.

Sadly for them there were more holes in it than you could shake a stick at
The agreement was named company A but the credit into my bank account/payments out of my bank account and default notices were all in the name of company B
( They had at some point agreed to while label their loans but even so..)

The agreement showed default charges of £20 but the statement showed charges of £12 so clearly there had been a change but oops they forgot to sent the updated terms and conditions.

Anyway the last letter I had was offering 75% discount - a couple of years ago and not heard a bean since.

So yes a letter under CPUTR asking if they have the original agreement can be useful.

[Still Waving]

So yes a letter under CPUTR asking if they have the original agreement can be useful.

See Priority One's thread on the subject where it shows that it can be used to get creditors to back right off. In fact I have used it successfully myself, and have heard nothing more from the creditor or their solicitors for the past 10 months. The account in question is now SB.

[Selinek]

Creditors will almost always try to convince you that they have complied with the Act and that the account is enforceable.

Cap 1 quoted Waksman in their letter replying to my original CCA request a few years ago - however Niddy said that what they had sent was UE.

Intrum may have complied with the CCA74 request but, as Di would tell you, the CCA74 request is for information purpose, but it does not prove enforceability.

I take it from what they have said that what they sent did not include a box containing a dated signature? See what others think, but I would consider sending the CPUTR letter, headed up as a Formal Complaint and referring to their recent letter.

Hi SW thanks for pointing me in the right direction such a weight off.. Yes they didn't include a box with my signature so I will follow up on your suggestion.

[Selinek]

I agree with Still Waving what is salient here is "..Date commenced pre 2007 .." .

A Formal Complaint under CPUTR. You should also ask them for a copy of their complaint procedures!
Ignore the 30 days. Their previous was a 10 day limit.
Also who or whom do Itrum say is the Current Creditor?

Hi Roger I will ask for complaint procedure ..thats one of the many reasons why I love this site. Intrum has taken over from 1st credit OC I Citi financial

[Selinek]

If it helps I remember a few years back I worte to a creditor asking simply if they had the original copy of the credit agreement . They replied they did not have although they also sent what at first sight looked like a 100% enforceable agreement alomh with a complete statement of account.

Sadly for them there were more holes in it than you could shake a stick at
The agreement was named company A but the credit into my bank account/payments out of my bank account and default notices were all in the name of company B
( They had at some point agreed to while label their loans but even so..)

The agreement showed default charges of £20 but the statement showed charges of £12 so clearly there had been a change but oops they forgot to sent the updated terms and conditions.

Anyway the last letter I had was offering 75% discount - a couple of years ago and not heard a bean since.

So yes a letter under CPUTR asking if they have the original agreement can be useful.

Blimey huge mistakes , thinking you wouldn't notice. Its good to know that creditors have been sloppy for a long time. To think I had paid unenforceable debts for years . I will definitively send the CPUTR letter. Thanks Wawrick you experience has really helped put things into perspective

[Selinek]

See Priority One's thread on the subject where it shows that it can be used to get creditors to back right off. In fact I have used it successfully myself, and have heard nothing more from the creditor or their solicitors for the past 10 months. The account in question is now SB.

Great SW to hear that .... Hope they back off for a while....long while.... Sorry I take profile 1 is a user name? I will have a nose

[Roger]

Hi Roger I will ask for complaint procedure ..thats one of the many reasons why I love this site. Intrum has taken over from 1st credit OC I Citi financial

I also have used CPUTR and Official Complaints (which can be legally spun out for six months! the time which available to take up and raise Complaints with the Authorities).
I know that 1st Credit changed their name and also some of their Group Company names to Intrum. But

1st Credit (Finance) Limited [FCA - lapsed]

[Selinek]

Lloyd’s TSB

• Type of account: credit card
• Date commenced pre 2007
• Approx balance: £545
• Date last paid: 2008m
• on DMP SC 21/11/17 cancelled DMP
• Status :defaulted. dropped off my credit file
• Account owner :Westcot

CCA request sent 11/09/17.

20/09/17 received letter and returned £1 cheque( not one in my name) to either send to the O/C or I request they do it . Not bothered as yet will get onto them

UPDATE: 27/11/17 resent CCA REQUEST making chq payable to LLoyds


UPDATE: 30/12/17

Letter from westcot informing acct on hold until Agreement is found. Take as long as you need !


UPDATE : 25/02/18

Niddy says. Wescott are expecting to be paid , don't they all!



UPDATE: 18/06/18


14/06/18:Letter from LLOYDS saying due to me not paying they have transferred my account to Moorcroft. They go on to say they have instructed Moorcroft to collect outstanding amount: Didn't realise Lloyds still own the account. No date on letter

15/06/18 :Letter from Moorcroft a day later : Dated 13/06/18. They want me to contact them to arrange payment within 7 days or they will recommend further recovery to their client. Interestingly they say that Lloyds has registered a default against my credit file. This account has already defaulted and dropped off my CR , indicating to me Moorcroft aren't checking their records . I take it this is being passed around from DCA to another ? Do I need to do anything ?


Update: 28/06/18

Letter from Moorcroft received toady dated 25/06/18 informing of possible further action . They go on to say to prevent this from happening to contact them within 7 days with a payment proposal. I will wait to what they come back with. Will file in the mean time.


6th July 2018, 17:17
I’ve noticed that Moorcroft has done a search on my credit file. What would they see and what purpose would they have to do a search ?

Susie Replied: It could be to see if anything has changed, or to see if they are likely to be paid If they see the debts you have listed, they will most likely not get the impression that you have a lot of money to pay them with!

UPDATE: 31/07/18

Letter from Moorcroft dated 9/7/18: they re concerned they haven't heard from and willing to accept a sensible monthly instalment. if no contact within 7 days they will resume collection activity: Filed

Letter From Moorcroft dated 23/7/18 giving me till 30/07/18 contact them or they will continue to contact me by lettering phone ,refer to home collection for rep to establish contact report an adverse entry on credit file. Filed


UPDATE: 01/10/18

Letter from Wescot dated 08/08/18: Want me to contact them to set up repayment plan: Filed

[Selinek]

American Express

• Type of account: credit card
• Date commenced :2006
• Approx balance: £972
• Date last paid: 2008
• on DMP SC 21/11/17 cancelled DMP
• Status :defaulted. dropped off my credit file
• Account owner : NCO-other, Assigned to Firstscource

CCA request sent 11/09/17.

21/10/17 Received what looks like an enforceable agreement. Will send to Niddy


UPDATE: 11/11/17. Niddy saying Agreement is due to it being unsigned

Another one bites the dust

Update: 08/06/18

Letter from NCO informing me that my account will be referred back to the client if I don't contact them within 7 days. Is there anything I need to do or just wait for amex to get in touch ?

UPDATE:
09/06/18

NCO sneaky buggers letter received yesterday, just noticed the date 02/06/18. Now received letter from American Express Global collection, dated 05/06/18; informing me that my account has been transferred to external collection agency First Source Solutions UK. Letter goes onto say that the agency will be responsible for collecting outstanding balance and will be in touch to make arrangements. Do I need to send anything or just wait. Not heard of company before any one had dealings with them ?


UPDATE:

18/06/18
Letter from First Source dated 11/06/18 stating they are collecting balance on behalf of American Express . They go on to say they will call to talk about a payment plan . Well that is very unlikely to happen

UPDATE:31/07/18
Letter from First Source . Offered me an opportunity to pay account in full with a stated monthly payment; Filed



UPDATE: 01/10/18
26/08/19: Statement of Account from American Express

Letter from NCO:dated 03/09/18: Returning chq sent in sept 2017 for CCA request thank you ! Filed

Letter from First source dated 04/09/18: Offering an opportunity to pay outstanding amount by monthly instalments . Filed

---

[nightwatch]

I take it Lloyds haven't told you they have passed it to wescot, again!!!

[Selinek]

Egg Card

• Type of account: credit card
• Date commenced pre 2007
• Approx balance: £1200
• Date last paid: 2008
• on DMP SC
• Status :defaulted. dropped off my credit file
• Account owner : Link Financial

CCA request sent 11/09/17.

Absolutely no response.

3/11/17: received another statement of account. They have used the £1 CCA fee towards the balance. Bloody cheek. They have not complied think it’s about time I stopped payment. Should I send a reminder ? Advice greatly appreciated

01/06/18

Update : 10/05/18: Letter from link saying they are concerned I have not made any payments, much the same blurb as other link accounts
24/05/18: same letter as previous accounts wanting to help . Ignored both letters !


UPDATE: 01/101/8; Letter from Link dated 14/08/18 to contact them to set up a payment plan: Filed

Letter from link dated 17/08/18 The same as above : Filed

[Selinek]

Co-op

• Type of account: credit card
• Date commenced :2005
• Approx balance: £932
• Date last paid: 2008
• on DMP SC
• Status :defaulted. Due to drop off my credit file 11/11/17
• Account owner : link

CCA request sent 11/09/17.

UPDATE
28/10/17. Received statement no sign of cca. Default drops off my credit file. 11/11/17. If I have heard nothing by then I plan to make a F&F offer

UPDTE: 31/05/18

28th FEBRUARY : Statement of account
28th Feb: Letter informing me of cancellation of payment arrangement and to contact them to sort out my difficulty:
23/05/18: Letter Asking me to contact them to sort out my difficulty in paying. They go on to say the will pursue through my local count court if I do not contact the office. Will see what hey come with next, baring in mind they still have not come back with a CCA

UPDATE: 01/10/18
31/08/18: Statement of Account from Link

Letter from link wanting me to contact them to arrange paying off balance : Filed

[Selinek]

Co-op

• Type of account: credit card
• Date commenced :1996
• Approx balance: £932
• Date last paid: 2008
• on DMP SC
• Status :defaulted. Due to drop off my credit file 11/11/17
• Account owner : lLink
• CCA Request went 11/09/17
• 05/10/17

received statement of account. States the same as p revious Entry for Co-op. Not sure what to do next, suspect nothing . I’m still paying agreed amount as I have been for 9 years .

UPDATE Still no response to CCA. Plan to do the same as other co-op acct


UPDATE:
4/05/18: Various statement account letters. Most up to date letting me know that the payment arrangement has now been cancelled and for me to contact them within 7 days in order to review income and expenditure , offer specialist support ,redirect me to free advice , consider temporary hold on payments.....Well 7 days has passed, I guess they are contemplating what to do next

UPDATE: 01/10/18 Statement of Account from LINK 31/08/18
Letter from Link dated 25/09/18. Informing me they have been notified that there has Been a change on credit file. Interesting that, not seen on CR when I checked yesterday