Blodwen's UE Journey

[Blodwen]

Hi Blodwen,
Like you, I am just starting the UE journey. I have just read your thread and understand everything you are going through. This site, and the people are amazing. I am totally relaxed about things now. Best wishes to you and your OH for a debt free future

Saint X

That's fantastic to hear that you have got to the relaxed stage. It's taking me a wee while longer to get there, However I agree with you with you - this site and the people are truly wonderful. I really wouldn't hae the confidence even to be at this stage if it wasn't for them Good luck on your UE journey, we will be facing a debt free future around the same time

Can I someone advise what a LBC is please? I have seen a lot of reference to the terminology and wondered what it stands for and where will it be applicable Thanks

[Spud]

I am totally relaxed about things now.
Saint X

That is so good to hear........Giving people the control back is.....at least.....one of our goals.......

[Saint X]

Hi Blodwen,
Like you, I am just starting the UE journey. I have just read your thread and understand everything you are going through. This site, and the people are amazing. I am totally relaxed about things now. Best wishes to you and your OH for a debt free future

Saint X

[Blodwen]

Thank you both for your replies. You helped me make my decision. Although there are a lot of years where PPI was added to this particular account, weighing it up it makes more sense to not apply for the PPI on it. As is stands at the moment LLoyds haven't come back with anything concrete as yet and I know we are only 6 months into the SB journey but the last thing I want to do is reset that clock again. I will forget about the PPI - this road is more important in the long run.


Cymru ......... I loved this line By the way you will know when you are winning when you feel disappointed that you haven’t received any calls or letters

[cymruambyth]

If you make a claim for PPI it will be acknowledging the debt and may possibly be offset against the debt. Before I found AAD I made a PPI claim against Lloyd’s whilst in default for a loan; I had to complain to the ombudsman before they paid out and I was fortunate that I received a cheque. My case was a sure thing as I wasn’t working ‘just bringing up the children’! The other thing to consider would be how strong a case you have and how much you could receive. You will be resetting the SB clock from when any payment would be made which will add months to your timings.

By the way you will know when you are winning when you feel disappointed that you haven’t received any calls or letters

[MisterK]

It may be best to ask Niddy or Di about the PPI Blodwen. As you suspect, you could do more harm than good, depending how much is involved. If for example they respond to your claim by crediting the refund to your credit card account then you won't have gained anything at all if you're not going to repay the balance anyway. But if they are obliged to send you a cheque (or can be made to) then it could possibly be worthwhile but I very definitely wouldn't do it without advice from the team.

Sorry to hear you're plagued with texts and voicemails. I'm fortunate that I don't get these as they have nowhere to leave either. For me this has settled down into quietly filing away the correspondence whilst being prepared to act only at critical moments, usually few and far between touch wood.

[Blodwen]

Lloyds Bank (Was Lloyds TSB)

• Credit Card
• Date Commenced - January 2002 (However we feel this date is incorrect as I am pretty sure this was initially taken out in 1987/88 when it was TSB)
• Approx Balance - £12,000
• Status - Default March 2012
• Date Last Paid – Full Payment November 2011
• Are you on arrangement or not paying - Date last paid via DMP August 2017
• Account Owner – Moorcroft

7^th August 2017 – CCA sent to Moorcroft recorded delivery with Postal Order.

23^rd August 2017 – Letter from Lloyds with a photocopy of our original CCA request to Moorcroft attached – Lloyds requested we provide them with a 16 digit account number as further validity of our account as they unable to find our details.

31^st August 2017 – We replied to this request informing them of the required information. Was this a daft thing to do??

23^rd October 2017 - Letter from Moorcroft stating – despite numerous attempts to contact you, payment has still not been received as per the agreement in place on our system with the result that your account is in arrears. Requested we contact one of their representatives to arrange payment, if payment is not made with us you may leave us with no alternative but to recommence collection activity, such as further letters and calls.

No Payment has been made since August when we put our DMP on hold. We have yet to receive any information with regards to our CCA request since we provided Lloyds with our account details on 23^rd August 2017.

November 2017 - Statement of Account received from Lloyds.

December 2017 - Letter from Moorcroft requesting we contact them to arrange payment, failing to do so will result in further action being taken against us without further notice.

December 2017 - A second letter from Moorcroft arrived - Headed .......Possible Further Action and requesting we make payment within the next 7 days.

December 2017 - Following the two previous letters we have now received one from Lloyds informing us they have transferred our account to Westcot who have been instructed to collect the outstanding balance.

January 2018 - Letter from Wescot Informing us of Lloyds Instruction to them to make contact with us with regards to the outstanding balance.

January 2018 - Important Reminder received from Westcot to telephone them to speak to one of their specialist agents.

January 2018 - Another letter from Wescot this month informing us they have conducted further checks on us to ensure they have or correct address and they have requested we contact them immediately to take control of this issue. Filed away at this stage as no CCA request received.

Good Morning, I wondered if anyone could advise please - We have PPI on this account which OH didn't even realise was there, Is it worth making a claim for this or remain quiet as to not stoke the beast so to speak? If we make a claim will this be then acknowledging the debt?

If you have read through my diary you will have learnt that my entries are for both myself and my other half's debts, however the responsibility for taking control of the self management of everything is on my shoulders. This has meant I am dealing with everything from correspondence to phone calls. He is fortunate that he has a work's phone and never receives any texts, voicemails etc from DCAs. I have felt the weight of this heavily on my shoulders but I simply wanted to write a HUGE THANK YOU to all of you which have taken the time out of your busy day to reply to my numerous questions. I have felt my mood lighten this past week. Day by day I have felt better about the situation. I am not exaggerating when I say AAD is truly a godsend to me/us. I thought we had no where to turn and now I have here. I know we are only on the first leg of our journey but we are on it and that is what matters and we aren't alone. When I am concerned and low about our situation I log on here and read the journey others have made and it instills the confidence within me that we can do this and I made the right choice in going self managed. There is light at the end of the tunnel and it is all thanks to you wonderful people who are helping us along the way. THANK YOU.

[Blodwen]

Thank you so much Roger and Spud, you have put my mind at ease with regards to feeling like I can post what I deem a daft question. This is something that has taken a while to get my head around.

So many people are judgmental about those who are in debt (not on here I hasten to add). They simply do not realise that people's circumstances can change in a blink of an eye. We even re-mortgaged to try and get out of ours but it was to no avail as the interest rates the debt companies were charging kept rising - we had no choice other than to admit defeat. It has been one horrendous journey. To find all you lovely, kind people has been amazing. Not being judged means so much and helps us on our new journey forward.

I finally understand the SAR process now and have it fixed in my head, the penny has dropped. Sometimes when your in the thick of things it takes a little longer to process information when one has been anxious about the right way to do things - thank you so much

There will be NO engaging in phone calls. Patience and Silence it is now and I will pop on here if ever I am unsure as to when/what correspondence to send.

THANK YOU, THANK YOU

[Spud]

Firstly let me be clear.....There is no such thing as asking a daft question......the only daft question is the one that is never asked.......

SAR is usually sent when things are starting to ramp up with credible threats of legal action etc - Unless there is a specific need to find a certain piece of information. Sending one without real need can be counterproductive - Less can most certainly be more in this game.......I certainly would not be thinking of sending one just because an account had been assigned/sold to another DCA etc

Not engaging in Telephone calls and not responding to usual template ( As long as there are no threats of legal action etc) is pretty safe - After all you are not obliged to answer their letters and it is generally considered that if there is nothing that you need to make them aware of.....then you could take the view that there was no need to write back and say ...well nothing. However each case is specific so do post up when you get replies and people will advise....at least until you get a good feel for what is right......If in doubt...ask

Once you have sent a creditor a first contact letter and or a CCA request the ball is prettymuch in their court really. I have not read back through your diary to check on each account but in general template begging letters tend to be dated and filed away. Again there are circumstances where a different tactic might be preferable but members will advise when you post up etc

With regard to your hypothetical question ref. any possible legal action and will ignoring letters etc go against you.......I am happy to be advised to the contrary but I am unaware of any AAD member reaching court and this being used against them to their detriment at court - I have never heard of a case where this has been a major factor

[Roger]

Please ask questions. No one is judgmental here and we have All experienced what you are going through now!
First rule SILENCE IS GOLDEN and PATIENCE A VIRTUE!
We don't talk at the phone (Calls are recorded by these DCA's). The danger is acknowledging the Debt and your word against theirs! Everything in writing that's Post Mail!

IF IN DOUBT OVER THE CONTENT OF A LETTER THEN SEEK HELP ON THIS SITE!!

The SAR is something that can wait, remember it will show any DCA investigations and queries with the Original Creditor! This can be very useful if they start becoming threatening!

You have started well with the CCA s.78 now is the time for Patience and Silence!

Land Line if you use BT then BT Call Protect (its a free service) can be used to Blacklist phone numbers. Even where the Call has WITHELD the number!!
It shows the Calls you have received and you can select and Blacklist these!

[Blodwen]

With regards to the SAR, not sending it too early seems to be the right way forward, at what point will I know when to send one? [/QUOTE]

Good Morning - can anyone advise re the above please?

Also I am not engaging in phone calls and also not responding to any correspondence from DCA's at the moment - will this go against me in the future if it goes to court? I had two letters from Link today and I have filed away and kept the envelopes this time as advised. Will the creditors state that I am being uncooperative with my silence? I am normally so proactive and responsive that it seems very alien to me to ignore. There is so much to take on board, I am like a sponge and learning from you all every day.

As advised in one of my earlier posts, I will be sending a telephone harassment letter this week as I am getting up to three calls daily on my land line and mobile at the moment. Voicemail messages are also being left. I have logged their numbers so know who they are coming from and I haven't engaged in conversation with any of the calls. I imagine you are all fed up with my constant questions of late!!

[Enforcer]

Roger is correct in stating that you will probably have more evidence than the DCA's. I ended up with 4, genuine copies of a Lloyds TSB cca from different parties over the years, However, all 4 genuine copies were different reconstituted agreements! Eventually, Cabot conceded and closed the case. Don't let them get to you, it's all made up.

[Blodwen]

Good Evening Roger......thank you so much. Your post has given me the confidence knowing that I am on the right track. Bullet pointing it the way you did, breaking it down that way has made me feel so much better as I have been whittling about the unsigned for CCA requests. I have learnt so much from you all. Honestly I have been struggling with low mood over all this since embarking on the UE journey.....I think its because I am taking back control, not under the step change's wing and have been so worried I am doing everything in the right order and the right way. Today after reading your response, It has lightened the load a little. - THANK YOU.

With regards to the SAR, not sending it too early seems to be the right way forward, at what point will I know when to send one? I promise that will be my last daft question for a while

[Roger]

You may find that once a DCA has your account that Tesco can miraculously find your CCA.
To get a charge on your property you have to lose at court and this is a long way ahead; also as the property is owned in joint names they are limited in any action that they can take. Yes in the early hours it is easy for your imagination to run riot and to think of problems that aren’t there (been there, done that). Try to use breathing techniques to get back to sleep.

This is another reason NOT to alert Tesco over this outstanding S.78!
They are in default and you have the evidence!.
Lets leave things this way at the moment. Silence is golden.

[Roger]

Thanks Roger for pointing me to that link, much appreciated.......some interesting reading within that thread. Would you advise keeping envelopes from all correspondence received?

Yesterday I visited to RM site as previously advised within my diary. I have printed out the signatures of each signed for CCA request sent. Some of them have not been signed for, however we have received acknowledgement of our letters. The next step with those that have not been cashed is to double check if they have actually cashed the postal order. Thankfully Royal Mail have a checking service for this. I need to do this as so far I have come across the Tesco entry hasn't been signed for. I'm going to work through the list this weekend.
As always......thank you everyone for your advice.Have a lovely weekend.

There are numerous reasons for Unenforceable not just the CC Agreement!!

Your filing here is really important and is giving you control!

Yes I write the date received on the envelopes and keep this with the letters!
I print out the signed for CCA receipts.
Don't worry to much about the unsigned!
1/You have evidence of the Royal Mail post!
2/You have evidence of the address you have used etc..
3/Proof of content and proof of postage.
4/You have proof of the Postal Order!!!! Again don't be concerned over this or what they do with it!!

They are in default of that CCA S.78 - do not alert them to this!!!!

I have a outstanding SAR with Sainsbury's nearly 3 years Old. The address was taken from a alleged Notice Of Assignment sent by a DCA!


DON'T ASSUME THAT THEY HAVE THE SAME DOCUMENTS THAT YOU HAVE FROM THE ORIGINAL CREDITOR!! You will find that your records are probably more complete than theirs!
The SAR is important because this is the only evidence available to the Original Creditor/ DCA. The SAR will also show where the DCA has requested info and docs!

Your doing very well!!!