Marly Diary

[Marly]

Debt 5-

• Type of account- Current account
• Date commenced- June 2001
• Approx balance- £2.2k
• Date last paid February 2012
• Are you on arrangement or not paying- Not paying
• Status- Default- May 2012
• Account owner- Halifax

No contact with Halifax since 2012, was a joint account, I asked Halifax to put a hold on the account as I knew ex was going to run the overdraft up. They had me jumping through hoops saying they couldn't as it was a joint account, wrote to them, called them and went into branch on numerous occasions. Ex ran overdraft up so I told Halifax its their problem as the refused to prevent it from happening. Not heard anything since 2012. Will this become SB in June 2018 or is it different for current accounts?

22nd January 2018 statement received from Halifax
6th March 2018 SAR from them shows dispute on account, and that they made the payments on account, there is no DN in there, I don't know now whether they ever issued one.

How would I find out if this account has been defaulted? I have received letters in the past from DCA chasing the full amount, but I cant see anything regarding default from Halifax in the SAR.
If they haven't defaulted it, and as I am just over the 6 years since I paid (but not 6 years from default on credit report) will it still become SB?

[Marly]

Debt 6

• Type of account- Credit Card
• Date commenced- June 2001
• Approx balance- £12k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making sporadic reduced payments until Feb 2014
• Status- Default Feb 2013
• Account owner- 1st credit.

July 2012 Halifax informed of health issues and inability to make full payments, Agreed to make reduced payments
April 2013 I missed some payments and got a letter from Halifax solicitors stating considering court action, so started paying again
February 2014 Stopped paying halifax again.
2014-2017 Various debt collectors managing account, Ignored all of them
17th July 2017 1st credit wrote with Notice of assignment but with no balance figure on notice.
19th July 2017 1st credit wrote again with ne Notice of assignment with figure on, and no mention of their previous notice.
26th July 2017 1st Credit wrote asking to arrange payment plan -Letter ignored
7th August 2017 1st credit wrote again let us help blah blah
15th August 2017 1st credit wrote County court proceeding being considered
18th August 2017 - I wrote requesting CCA
23rd August 2017 1st credit wrote acknowledging request and stated it may take several weeks and that collection was suspended whilst they get the documents
4th October 2017 1st credit sent what they say is a True copy of credit agreement at time account was opened, and at time account was defaulted.
12th October 2017 emailed copies of apparent true copy emailed to webmaster
24th October Niddy says for now
24th October 1st credit wrote saying "there is a discount available"- ooooohhhhhh I suppose I best contact them then (NOT)
31st October 1st Credit emailed saying they have sent letter recently please contact at earliest convenience blah blah..........
1st November 2017 1st credit wrote to kindly offer a 20% discount if paid in November
8th November 1st Credit emailed saying they had recently written and to contact them
8th November 1st Credit wrote to say they had made a mistake with the notice of assignment and it wasn't Halifax it was Bank of Scotland
8th November 1st credit sent another (3rd time lucky) notice of assignment with Bank as Scotland as OC
13th November 2017 1st Credit sent letter saying they are sending to their internal legal department to consider starting court proceedings.
23rd November 2017 First credit legal department giving 10 days to respond before they issue LBA
7th December 2017 Missing Pt's sent to 1st Credit
14th December 2017 letter received from 1st credit stating they believe the reconstituted agreement to be fully compliant, and goes on about Carey v HSBC and that they do not need to supply copy of agreement bearing signatures from the parties. blah blah blah.
12th January 2018 1st credit legal department letter to saying passing to their solicitors in the next 14 days
26th January 2018 SAR sent to Halifax
31st January 2018 1st Credit legal wrote to say they had reviewed account for litigation and are sending back to the collections department
12th February 2018 1st credit wrote offering 30% discount
6th March 2018 very large box of SAR data received from Halifax, it also includes copy of reconstituted agreement that 1st credit sent, and an original which is different from the recon.

I have noticed on my noddle report that 1st credit has changed to Intrum uk finance ltd as registering the account now? I haven't received a letter to say this, and this change is showing from when the account was sold to 1st credit originally, yet 1st credit wrote in February offering a discount. confused!

[The Tech Clerk]

40 days up go on line and make a complaint to the ICO

If you have a concern about an organisation's information rights practices, report it to us.

Need help? Start a live chat or call our helpline on 0303 123 1113.

[Still Waving]

By my calculations, the SAR was requested and signed for over 40 days ago, should I send another letter, or just wait a bit longer?

I would have thought that you should be counting from the date you sent the request with a signature they would recognise.

[Roger]

By my calculations, the SAR was requested and signed for over 40 days ago, should I send another letter, or just wait a bit longer?

The SAR will show Cabot's interaction with Tesco's which is what you want!

The Tesco letter 22nd January re SAR probably has phone number and reference. I should simply give them a ring and ask. The SAR remember isn't account specific its what they have about you on their files!

[Marly]

Debt 2-

• Type of account- Credit Card
• Date commenced- January 2009
• Approx balance- £5k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making sporadic reduced payments until March 2015
• Status- Default May 2013
• Account owner- Cabot (UK) ltd

2016- At some point Tesco made some credits to this account for wrong interest charges or something, I cant see them now as Tesco has gone from my noddle report
25th August 2017 Cabot wrote with letter enclosed from Tesco dated 23rd August to say all rights in connection with account to Cabot manage the account on their behalf.
9th September 2017 Cabot wrote saying they really want to help
6th October 2017 Cabot called, told them wasn't convenient to talk, and they said they would call back later
9th October 2017 Cabot called I didn't answer they left voicemail
12th October 2017 Cabot wrote asking me to contact them
19th October 2017 Cabot text asking me to call them
3rd November 2017 Missed call and voice mail from Cabot
6th November 2017 Cabot wrote asking me to contact them
7th November 2017 missed call and voicemail from Cabot
9th November 2017 missed call and voicemail from Cabot
11th November 2017 Missed call and voicemail from Cabot (Obviously working overtime on a Saturday)
14th November 2017 missed call and voicemail from Cabot (this time from Withheld number)
16th November 2017 missed call from withheld number pretty sure it was Cabot no Message left
16th November 2017 missed call and voicemail from Cabot
18th November 2017 Missed call and voicemail from Cabot (more overtime obviously)
20th November 2017 missed call and voicemail from Cabot
23rd November 2017 Missed call and voicemail from Cabot
25th November 2017 Missed call and voicemail from Cabot
27th November 2017 Letter from Cabot saying account has been reviewed for legal action giving me 28 days to respond
28th November 2017 missed call and voicemail from Cabot
1st December 2017 missed call and voicemail from Cabot
4th December 2017 missed call and voicemail from Cabot
5th December 2017 CRA request sent to Cabot
8th December 2017 reminder letter headed potential legal action.
15th December 2017 SAR sent to Tesco
11th January 2018 Letter from Cabot acknowledging CCA request
22nd January 2018 Tesco wrote to say signature for SAR doesn't match their records, and to send DOB/Previous Name/previous address
23rd January 2018 Letter re signature sent to Tesco (signed with signature they will recognise) have not included previous names as they only have the one name, or previous address as they have written to to me numerous times at my current address.

By my calculations, the SAR was requested and signed for over 40 days ago, should I send another letter, or just wait a bit longer?

[Marly]

I have a cover Note on each of my Diary entries and make notes and copies (as reminders) of salient points!
This is what I mean here. by Note and file.

By sending the CCA you are in effect bring issues to Cabots attention (which you need to do!)
The SAR will show what information is available or not to Cabot. The background to a loan can also be important. If Cabot proceed with a claim (under the new system) the SAR will help tactically how you deal with this! Its all about you taking control!

Read Niddy's https://www.all-about-debt.co.uk/for...50#post1291550

Thanks Roger,

I get what you mean about note and file now.

I will send CCA to Cabot next week, and wait until I receive SAR back from Tesco to see what information is in there.

[Marly]

I think you should send the standard one. The enhanced one asks for a copy of the agreement and T&C's. You have already been sent a copy agreement which Niddy has said is UE for now, so I would leave that alone at present.

See what others say.

Thanks I have sent the standard SAR today

[Roger]

Cabot seem to be sending out that particular letter recently. Does it have PL1 top left hand corner? Yes it does

As for Cabot Financial (UK) Ltd as Creditor [ Note this and file away]
Keep that notice of sums of arrears safely ( does it mention Cabot financial (UK) ltd as the Creditor?) [Note this and file away] No it says Cabot Credit management group as the owner
The Tesco NOA? [Note this and file away] Nothing to file as I don't have one from Tesco

1/ At some point you will need a SAR from Tesco might be the time to do this! Have already done this, the wrote 5 weeks later saying the do not recognise signature, sent letter back to them
2/ Send Cabot a CCA S.77/79 request. Ok will send next week.

I don't know what others think but 1 an 2 above would probably your next move here.
Thank you

I have a cover Note on each of my Diary entries and make notes and copies (as reminders) of salient points!
This is what I mean here. by Note and file.

By sending the CCA you are in effect bring issues to Cabots attention (which you need to do!)
The SAR will show what information is available or not to Cabot. The background to a loan can also be important. If Cabot proceed with a claim (under the new system) the SAR will help tactically how you deal with this! Its all about you taking control!

Read Niddy's https://www.all-about-debt.co.uk/for...50#post1291550

[Still Waving]

Sorry another question, I need to send SAR to Halifax, should I send standard or enhanced one? I'm not sure what the difference is.

I think you should send the standard one. The enhanced one asks for a copy of the agreement and T&C's. You have already been sent a copy agreement which Niddy has said is UE for now, so I would leave that alone at present.

See what others say.

[Marly]

Debt 6

• Type of account- Credit Card
• Date commenced- June 2001
• Approx balance- £12k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making sporadic reduced payments until Feb 2014
• Status- Default Feb 2013
• Account owner- 1st credit.

July 2012 Halifax informed of health issues and inability to make full payments, Agreed to make reduced payments
April 2013 I missed some payments and got a letter from Halifax solicitors stating considering court action, so started paying again
February 2014 Stopped paying halifax again.
2014-2017 Various debt collectors managing account, Ignored all of them
17th July 2017 1st credit wrote with Notice of assignment but with no balance figure on notice.
19th July 2017 1st credit wrote again with ne Notice of assignment with figure on, and no mention of their previous notice.
26th July 2017 1st Credit wrote asking to arrange payment plan -Letter ignored
7th August 2017 1st credit wrote again let us help blah blah
15th August 2017 1st credit wrote County court proceeding being considered
18th August 2017 - I wrote requesting CCA
23rd August 2017 1st credit wrote acknowledging request and stated it may take several weeks and that collection was suspended whilst they get the documents
4th October 2017 1st credit sent what they say is a True copy of credit agreement at time account was opened, and at time account was defaulted.
12th October 2017 emailed copies of apparent true copy emailed to webmaster
24th October Niddy says for now
24th October 1st credit wrote saying "there is a discount available"- ooooohhhhhh I suppose I best contact them then (NOT)
31st October 1st Credit emailed saying they have sent letter recently please contact at earliest convenience blah blah..........
1st November 2017 1st credit wrote to kindly offer a 20% discount if paid in November
8th November 1st Credit emailed saying they had recently written and to contact them
8th November 1st Credit wrote to say they had made a mistake with the notice of assignment and it wasn't Halifax it was Bank of Scotland
8th November 1st credit sent another (3rd time lucky) notice of assignment with Bank as Scotland as OC
13th November 2017 1st Credit sent letter saying they are sending to their internal legal department to consider starting court proceedings.
23rd November 2017 First credit legal department giving 10 days to respond before they issue LBA
7th December 2017 Missing Pt's sent to 1st Credit
14th December 2017 letter received from 1st credit stating they believe the reconstituted agreement to be fully compliant, and goes on about Carey v HSBC and that they do not need to supply copy of agreement bearing signatures from the parties. blah blah blah.
12th January 2018 1st credit legal department letter to saying passing to their solicitors in the next 14 days

Sorry another question, I need to send SAR to Halifax, should I send standard or enhanced one? I'm not sure what the difference is.

[Marly]

Cabot seem to be sending out that particular letter recently. Does it have PL1 top left hand corner? Yes it does

As for Cabot Financial (UK) Ltd as Creditor [ Note this and file away]
Keep that notice of sums of arrears safely ( does it mention Cabot financial (UK) ltd as the Creditor?) [Note this and file away] No it says Cabot Credit management group as the owner
The Tesco NOA? [Note this and file away] Nothing to file as I don't have one from Tesco

1/ At some point you will need a SAR from Tesco might be the time to do this! Have already done this, the wrote 5 weeks later saying the do not recognise signature, sent letter back to them
2/ Send Cabot a CCA S.77/79 request. Ok will send next week.

I don't know what others think but 1 an 2 above would probably your next move here.

Thank you

[Marly]

According to your diary, 25/8/17 you had a letter from Cabot saying they had bought the account (notice of assignment). You should also have had a corresponding letter from Tesco (they often come in the same envelope). Your credit file appears to confirm the assignment.

I would not be chasing Tesco for a NoA as, if they have slipped up, this could be to your advantage further down the line. I am not sure whether a Notice from the new owner alone is sufficient, but no doubt someone who knows will be along.

Thanks

It was just a letter from Cabot, nothing from tesco

[Roger]

23rd January 2018 letter from Cabot Financial account being reviewed for legal action if I do not respond within 28 days.

23rd January2018 notice of sums in arrears from Cabot management group


I have had no notice of Assignment for this account, should my response be CCA request, or questioning their authority to collect? The letter giving me 28 days shows Cabot financial (UK) ltd as creditor

Cabot seem to be sending out that particular letter recently. Does it have PL1 top left hand corner?

As for Cabot Financial (UK) Ltd as Creditor [ Note this and file away]
Keep that notice of sums of arrears safely ( does it mention Cabot financial (UK) ltd as the Creditor?) [Note this and file away]
The Tesco NOA? [Note this and file away]

1/ At some point you will need a SAR from Tesco might be the time to do this!
2/ Send Cabot a CCA S.77/79 request.

I don't know what others think but 1 an 2 above would probably your next move here.

[Still Waving]

I have had no notice of Assignment for this account, should my response be CCA request, or questioning their authority to collect? The letter giving me 28 days shows Cabot financial (UK) ltd as creditor

According to your diary, 25/8/17 you had a letter from Cabot saying they had bought the account (notice of assignment). You should also have had a corresponding letter from Tesco (they often come in the same envelope). Your credit file appears to confirm the assignment.

I would not be chasing Tesco for a NoA as, if they have slipped up, this could be to your advantage further down the line. I am not sure whether a Notice from the new owner alone is sufficient, but no doubt someone who knows will be along.