Marly Diary

[Marly]

I think I may have issues with the Barclays as that is due to fall off in about 8 months after Link defaulted CF when they bought the debt and then IDF issued a default notice 18 months later which is causing me confusion as to when SB will be, but I’m just keeping my head down on that one so haven’t sent CRA.

[Marly]

Thanks Di,

I have a SAR from Halifax, and have checked through the statements and the only payments on the account were made by Halifax refunding OD fees and they were over 6 years ago now. The ex wouldn’t have paid anything anyway he never contributed financially when we were married he wasn’t going to start after

Marly

[Joanna Connolly Solicitors]

I've read all your updates and can see the Halifax overdraft is now Statute Barred (Yay!).

Since this was a joint account with your ex you will need to be certain that they haven't made any payments to the account which could prolong the SB process since you would have been jointly and severally liable for this debt. Keep your head down for now.

All the others seem perfectly under control.

So far so good

Di

[Marly]

Debt 4- Originally Barclays

• Type of account- Credit Card
• Date commenced- February 2007
• Approx balance- £4.5k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making regular reduced payments until February 2013
• Status- Default on credit file March 2013 by Link, l
• Account owner- Link Financial

22nd March 2013 Barclays wrote to say account sold to Link Financial having never marked default
31st March 2013 Link defaulted account prior to even contacting me.
10th April 2013 Link wrote to introduce themselves with another notice of assignment from "Barclays" again stating Link now owned the account
27th November 2014 IDR Finance UK II Limited sent notice headed Default notice served under section 87(1) of the consumer credit act and gave until 14th December 2014 to arrears. if not their intended action is to terminate the account and demand full payment of my indebtedness and commence court proceedings.
28th April 2016 Link wrote to say they hadn't contacted for some time as they had to locate address (I moved in 2013)
23rd June 2016 link wrote to say we have previously written to you about this account which has been sold to IDR Finance UK II Limited wanting to arrange a time to talk to me
8th July 2016 Link wrote again saying in Ignoring this debt will not make it go away (Uggggh kinda hoping it would lol)
6th November 2017 Link text asking me to contact them
4th December 2017 Link text to say Happy Christmas and offer 50% discount.....How nice!
3 Aprll 2018 Link wrote to say they hadn't written for some time as they had to locate my address...again (I haven't moved since they lost wrote to me)
31 May 2018 Link wrote to say account previously owned by IDR is being serviced by Link Financial outsourcing
Link now texting every week now asking me to call them.

I have no idea who owns this account now, whether it is Link or IDR as they previously owned by IDR finance II

[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.

Now SB and off my Credit file 1 down few more to go

[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.
May 2018 Intrum wrote offering 50% discount
29 june 2018 Intrum wrote with annual statement
20 August 2018 Intrum wrote offering 65% discount if paid in August

wonder if they will offer a bigger discount in another couple of months

[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.
6th March 2018 SAR received from Tesco, there is no DN in there
17th April 2018 to say account is unenforceable until they supply information
31 May 2018 cabot wrote offering new approach asking me to contact
18 june 2018 cabot wrote to say they have confirmed my address and need to make me aware they are now responsible for helping me manage my account
30 June 2018 Cabot wrote given a helpful illustration of how monthly payments can pay the account off over 2 or 5 years
30 July 2018 Cabot wrote to say as they have not been successful in finding a solution they are considering sending the account to an external debt collection company.
Cabot texting asking me to call them once a week

Still no CCA

[Marly]

Debt 3- As debt 2-

• Type of account- unsecured Loan £5k
• Date commenced- September 2011
• Approx balance- £3.8k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making sporadic reduced payments until August 2015
• Status- Default March 2013
• Account owner- Cabot Financial (UK) ltd - No NOA from Tesco

25th August 2017 Cabot wrote saying they had bought account from Tesco, no notice of assignment or any letter from Tesco..
9th September 2017 Cabot wrote saying they really want to help
6th October 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
12th October 2017 Cabot wrote asking me to contact them
6th November 2017 Cabot Wrote asking me to contact them
15th December 2017 SAR sent to Tesco
30th December 2017 Cabot wrote to say despite numerous attempts to contact you we still haven't heard from you to set up a repayment plan.
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.
23rd January 2018 notice of sums in arrears for January 17-Jan18 from Cabot management group
23rd January 2018 letter from Cabot Financial account being reviewed for legal action if I do not respond within 28 days.
13th February 2018 CCA request sent to Cabot
1st March 2018 letter from cabot stated they have received CCA request and as they don't have a copy and have had to ask, it could take up to 40 days
6th March 2018 SAR received from Tesco, there is copy of agreement in there, and a DN, there are some other bits too.
25th April 2018 letter from cabot to say as they have failed to provide information they cannot take legal action until the have this information

Not heard since April regarding this one, hoping it stays that way

[Roger]

Its a complex process!
There is the Companies registration etc...
Also increasingly Regulators which have to be specifically and separately registered.

For Our Purposes the FCA (Financial Conduct Authority - Bank Of England Authority)
is where we check whether the Owner of the Debt (Current or Original) is licensed (and the extent and nature of authority!)
It just seems to me that in addition to good diaries and filing documents we also need to record (for our purposes) the FCA status of the Current Owner!

[Marly]

I noticed they didn’t even appear on FCA, I guess they can’t just change 1st credit (finance) ltd to Intrum on the FCA, although with them being unlicensed I assume it would be pointless.

Looking at previous news articles, it appear Intrum purchased 1st credit a year ago, I wonder why they have now decided to change the name

[Roger]

Thanks Roger,

looking at at companies house it seems they have changed their name?
https://beta.companieshouse.gov.uk/company/04140507

Thank you (its good to research)
1st Credit Limited has become Intrum UK Limited (both have same Companies No 03752940) changed 1st March 2018

Taking your Companies link enter Intrum into the search and you see a list of Companies that seem to be renamed old 1st Credit Companies.
It looks as if Intrum is changing all of these 1st Credit Company names. Retain the same Companies Numbers AND their FCA status.

Here is the Companies History showing the change of name from 1st Credit (Finance) Limited to Intrum UK Finance Limited 1st March 2018
https://beta.companieshouse.gov.uk/c...filing-history

BUT changing a Companies name doesn't change its Financial Conduct Authority status
Intrum UK Limited (formerly 1st Credit Limited) is FCA Authorised.
It shows on FCA as Intrum UK Limited (formerly) 1st Credit Limited (Authorised)

But 1st Credit (Finance) Limited (now Intrum UK Finance Limited ) ended 30/09/2015 (Unlicensed)
http://fca-consumer-credit-interim.f...rSearchPageNew

INTRUM UK FINANCE LIMITED doesn't yet appear on the Financial Conduct Authority


I am not a lawyer so I do not know whether this creates Assignment issues on Debts and ownership but they are not FCA Licensed

[Marly]

Thanks Roger,

looking at at companies house it seems they have changed their name?
https://beta.companieshouse.gov.uk/company/04140507

[Roger]

Thanks I think I get it now, 1st credit (finance) Ltd changed its name to Intrum (finance) UK Ltd. So the situation is still the same, both unlicensed with FCA but will using the licensed company to contact.

That will be why I have received any letters if it only happened 1st March.

Its confusing isn't it?
1/ 1st Credit was a Group of Companies ( one of which is 1st Credit (finance) Limited) the GROUP have been brought as a working business by Intrum (a Global Group)

2/ Intrum have changed 1st Credit Limited name to Intrum Limited BUT still use 1st Credit Limited as a Trading Name. Both names have Company No 03752940 and are LICENSED (FCA)

3/ The Owner/Purchaser of your Debt was and remains 1st credit (finance) Ltd
4/ They HAVEN'T changed 1st credit (finance) Ltd to Intrum (finance) Ltd.
5/ 1st credit (finance) Ltd WAS AND REMAINS UNLICENSED with the Financial Conduct Authority "that specific company is not lawfully permitted to conduct any Regulated Business!!!"

Yes it is confusing!
But make yourself a Note and place that with your Paper work with this Debt! There are many reasons why Debts may be unenforceable!! look at Di's Blog here for Assigment issues!
https://www.all-about-debt.co.uk/for...94#post1508794

[Marly]

Thanks I think I get it now, 1st credit (finance) Ltd changed its name to Intrum (finance) UK Ltd. So the situation is still the same, both unlicensed with FCA but will using the licensed company to contact.

That will be why I have received any letters if it only happened 1st March.

[The Tech Clerk]

interesting see what others have to say?

@Diana Mayhew