Marly Diary

[Marly]

Debt 3- As debt 2- I originally thought this had been sold to Cabot as it is showing on my credit file as Cabot and closed with Tesco, Now I have no idea as no letter or notice of assignment from Tesco.

• 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- Tesco Bank? or Cabot?

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
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.
23rd January2018 notice of sums in arrears 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.

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

[Marly]

Debt 2- I originally thought this had been sold to Cabot as it is showing on my credit file as Cabot and closed with Tesco, Now I have no idea as the letter is not a notice of assignment.

• 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- Tesco Bank? or Cabot?

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.

Is this Tesco stalling as it has taken them 5 weeks to send this letter, I appreciate Christmas got in the way for a week, however, it still seems like a long time for them to respond

[Marly]

It was assigned to link from Barclays, it’s a bit of a tangled web this one I think.
Hopefully they will realise they may have messed up and just keep leaving me alone

[Joanna Connolly Solicitors]

Thanks Di,

No Barclays never defaulted the account, it was sold on 26th March 2013 and then registered default on 31st March 2013 I am assuming by Link as I never received a DN from Barclays and it had sold to Link by that date.

Then IDF Financial II UK LTD sent default notice asking me to pay £200 in November 2014 or they would terminate to account and maybe take court action.

Then IDR may have a problem if no DN was ever issued/served by Barclays before the account was terminated and assigned to Link.

And since IDR Finance II UK Ltd is currently unlicensed by the FCA they may have a second problem

You've not heard from them for eighteen months so keep your head down for now. IDR tend to use Kearns solicitors so post on your thread if you hear anything from them.

Di

[Marly]

Thanks Di,

No Barclays never defaulted the account, it was sold on 26th March 2013 and then registered default on 31st March 2013 I am assuming by Link as I never received a DN from Barclays and it had sold to Link by that date.

Then IDF Financial II UK LTD sent default notice asking me to pay £200 in November 2014 or they would terminate to account and maybe take court action.

[Joanna Connolly Solicitors]

The default on on my credit report was registered 2013, but they sent default notice 2014 so I’m a bit confused when SB would be now as mentioned above it may not be from when it was registered.

That said they registered default 5 days after purchasing debt, so am I right in thinking they could never have given adequate notice to remedy before marking default.

The DN rigmarole may be in your favour in the long run especially if the original creditor failed to serve you with a DN (did they?).

The purpose of a Default Notice is to put the borrower on notice that their account will be defaulted unless they pay the amount demanded (only arrears due not the whole balance) by the remedy date.

If the borrow pays what's required by that date then the account isn't defaulted and things carry on as if nothing has happened since they haven't breached their contract.

So how can a debt purchaser do that since they are not 'credit givers' so if you complied with the DN they would have to let you continue to use your account (ATM, purchases etc) which they're not in a position to do

Di

[Marly]

Thanks Di,

I haven’t sent anything yet, was going to wait until new year.

The default on on my credit report was registered 2013, but they sent default notice 2014 so I’m a bit confused when SB would be now as mentioned above it may not be from when it was registered.

That said they registered default 5 days after purchasing debt, so am I right in thinking they could never have given adequate notice to remedy before marking default.

[Joanna Connolly Solicitors]

they haven’t written for 18months so don’t really want to poke them for now unless I really need to

It may be too late to say this but if you've not heard anything from Link for eighteen months and your debt is potentially Statute Barred in the next year (according to another post on your thread) then I would do absolutely nothing right now until they write to you.

If you send a s 77-78 CCA Request you'll awaken the account.

If Link write to you that would be the moment to send them a CCA Request to hopefully drag things out until it's SB and even then it depends on what the letter from them says.

Di

[Marly]

It crazy that they can mark Credit file with default then send a notice 18 months later and then it delay SB by 18 months, what’s to stop them sending notice 5 years after and buying more time?

In in fairness it’s only recently I’ve taken my head out the sand and been able to even really look at all the paperwork I have and get it in order.

[Roger]

Thanks Roger, I was just worried about causing a stir as I’m nearly 5 years in and on the home straight with this one .

I understand and delayed myself with Link until they threatened with Solicitors.

Your problem is which or what date in Law the 6 years Statute Bar began!

The Credit Reference Entry will drop off after 6 years from the date it was put on BUT
That IDR default Notice is dated Nov 2014 for Dec 2014 (only three years ago).

Its quite a complex area this Statutary Bar starting Date.

If you look at the various Diary's you will see that the All About Debt approach starts with the S.78 request.

Now the S.78 is your right in Law to a Creditor (Link? IDR? how would you know?) so by sending this to Link (who are writing to you , with £1, proof of postage ) you are using the Consumer Credit Law.
You are also placing yourself in charge of this.

As it stands because you have had no contact with Link at all and have not made them aware of issues! You are giving them excuses!

[Marly]

Thanks Roger, I was just worried about causing a stir as I’m nearly 5 years in and on the home straight with this one .

[Roger]

Thanks Roger,

I will send Cca request, is the notice from IDR a default notice? The assignment dates are the same date in 2013, just different companies on the letters.

Hi Marly
It is a Statutary Default Notice and as you say a different company.
Even different Assignments and dates!
Say nothing but keep the paper work in order. I have noticed that Link are careless over the Creditor in their letters.
Sending the S.78 CCA (plus pound and proof of postage) to Link (who are writing to you) is the norm with All About Debt.
The Template S.78 letter here is very carefully worded. IS NOT AN ADMISSION OF DEBT!
After that continue with silence!

[Marly]

Thanks Roger,

I will send Cca request, is the notice from IDR a default notice? The assignment dates are the same date in 2013, just different companies on the letters.

[Roger]

IDR "..You are in breach of the payments clause of your agreement which provides that you must make the minimum payment each month when due. .."
Now from what CCA terms and conditions are they quoting? It must be in law YOUR agreement.

There are a lot of unanswered questions. You now have different Assignment dates and parties. I wonder if what a SAR to Barclays would reveal? But I am not suggesting at this stage that you do this.

By asking for a S.78 now from Link (these are writing to you) the Law has requirements placed on them and their authority under the CCA (that's Link / IDR ) as well as on you. This becomes Unenforcible until the S.78 is fulfilled. This protects you and your interests whilst making them aware of their own legal position.

[Marly]

IDR Finance UK II Limited see here
https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

How would Link/IDR know what the terms & conditions of a Live CCA Agreement were by Nov 2014? How would they know the interest terms without these terms & conditions?
IDR issue of a statutary s.86 (Default Notice) they are saying that the Debtor is in breach of the CCA terms and conditions and giving you the Debtor the opportunity to remedy A Live Account?
Then presumably they would issue a IDR Card? Do Link/IDR issue Credit Cards?

By asking now for a S.78 (paying a pound) from Link (who are writing to you) you are preventing them from later saying that you didn't advise them that there were issues.
There are issues aren't there?

I have no idea if there are issues with what they have sent, I have only yesterday dug out all of the letters/paperwork I can currently find, I expect I have quite a few letters missing from them.

If I CCA them will that not put me back on their radar again? and start them off sending letters every month.