Blodwen's UE Journey

[Blodwen]

Thank you MisterK for your reply. I am so grateful I have found this site, because you all understand these feelings which I am going through. I will do as suggested re the Royal Mail copy of the recorded delivery signature.

I've just noticed too that the last full payment was made to Tesco in November 2011. They didn't default the account until November 2014. Is it normal practice for it to take so long for a default to be served? Most of the other accounts were defaulted quite quickly.

[MisterK]

Tesco have not responded to your CCA request Blodwen, which means it is unenforceable and will stay that way unless they do respond with a compliant CCA. The DCA can do nothing except make a lot of noise and try and pressurize you into talking to them. If you haven't already done so it might be an idea to go to the Royal Mail site and file away a copy of the recorded delivery signature etc that you would have got when you sent off the CCA request. If you're being harassed by phone there are ways to deal with that. Emails & letters can be filed and ignored most of the time. Everybody gets this but I know exactly how you feel. I can tell you it does get a lot better especially when you realise how much control you have. You may not have received a CCA for a reason - they might not be able to send you one. Good luck.

[Blodwen]

Good Morninng - Diary updated with latest correspondence from Tesco informing us they have passed the debt onto a debt collection agency - Allied International Credit (UK) Ltd. I haven't heard of these people before so I did I little research on line and there are a lot of people who have had a bad experience with them as in they have been very unpleasant to deal with. Has anyone on here had any dealings with them?

This is the first contact made by Tesco since we requested a CCA in August 2017 which we still haven't received.

Since this update we have received 6 telephone calls on my mobile and the same number on my land line from Allied International. It looks like they are going to be persistent.


Some days I feel pretty low about all this hanging over our heads. Today is one of those particular days so when I opened my emails and received an email from Link it just added to the despair. I wasn't even aware they even knew my email address!!

[Blodwen]

Tesco Bank

• Credit Card
• Date Commenced – October 2006
• Approx Balance - £1,700
• Date Last Paid – Full Payment November 2011
• Status – Default November 2014
• Are you on arrangement or not paying – Date Last Paid via DMP August 2017
• Account Owner – Tesco Bank

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

26^th October 2017 – No Acknowledgement to our CCA request – no contact from Tesco whatsoever as yet. Payments have ceased for now.

January 2018 - Letter from Tesco informing us they are now passing the debt onto debt collection agency - Allied International (UK) Ltd and they will attempt to contact us.

Good Morninng - Diary updated with latest correspondence from Tesco informing us they have passed the debt onto a debt collection agency - Allied International Credit (UK) Ltd. I haven't heard of these people before so I did I little research on line and there are a lot of people who have had a bad experience with them as in they have been very unpleasant to deal with. Has anyone on here had any dealings with them?

This is the first contact made by Tesco since we requested a CCA in August 2017 which we still haven't received.

[Blodwen]

Well that might be because you say you didn't open an account with Lloyds, you opened an account with TSB in 1987/8

Where did that account opening date of January 2002 come from?

Don't send a new s 77-79 CCA Request to the Westcot (the new DCA).

Strictly speaking your original CCA Request should have been sent to Lloyds (the debt owner) not Moorcroft (the DCA) but it seems Lloyds have acknowledged it in writing.

The Subject Access Request isn't needed until there is either a whiff of legal proceedings or the debt is assigned (sold) to a debt purchaser. It will provide you with the full history of the account which enables you to establish what information they have retained on file since it's inception. If you send a SAR now you'll only have to send another one later so there's no point at this stage.

Di

Good Morning Di and Still Waving

Thank you both very much for your responses.

The account opening date was taken from our credit report as the account start date.

Yes, foolishly I sent the CCA request to Moorcroft and they wrote to us to informing us they requested the information from Lloyds who in turn followed this up with a letter stating they had no valid account number and they couldn't trace our account. The letter stated that if we provided this information then they would comply with our CCA request. Me being a complete fool provided them with this information!!!! This was just prior to me finding AAD. I now know this was not the right cause of action It's odd after providing them with the correct information they still haven't forwarded us a CCA.

Thank you for explaining when we should send a SAR. I am still learning so appreciate your explanation.

Happy New Year to all on AAD and a huge Thank You.

[Joanna Connolly Solicitors]

We have yet to receive a response from Lloyds to our CCA request in August 2017.

Well that might be because you say you didn't open an account with Lloyds, you opened an account with TSB in 1987/8

Where did that account opening date of January 2002 come from?

Don't send a new s 77-79 CCA Request to the Westcot (the new DCA).

Strictly speaking your original CCA Request should have been sent to Lloyds (the debt owner) not Moorcroft (the DCA) but it seems Lloyds have acknowledged it in writing.

The Subject Access Request isn't needed until there is either a whiff of legal proceedings or the debt is assigned (sold) to a debt purchaser. It will provide you with the full history of the account which enables you to establish what information they have retained on file since it's inception. If you send a SAR now you'll only have to send another one later so there's no point at this stage.

Di

[Still Waving]

Hi

Do not send another CCA request to Westcot. Lloyds are currently in default of your CCA request, and long may they remain so.

Wait to see the tenor of Westcot's letters, and keep us updated. You can, in due course, send them an 'In Dispute' letter. I would hang fire on that for the time being though.

A SAR can be requested at any time, but again I would suggest hanging fire on that. See what - if anything - Lloyds come up with regarding your CCA request.

[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.

Good Morning - I have just updated this post with the most recent correspondence from Lloyds. We have yet to receive a response from Lloyds to our CCA request in August 2017. As they are now transferring the account to Westcot do we send another CCA request to Westcot or does the information have to come from Lloyds? I am a little confused so forgive me if the question is daft.

Also one more question - at what point is a SAR requested please?

[Blodwen]

Barclays

• Credit Card ?? States Account Type Bank - States Type Bank on Credit Report
• Date Commenced – October 2007
• Approx Balance £4,000
• Date Last Paid – Full Payment November 2011
• Status – Default August 2012
• Are you on arrangement or not paying – Date Last Paid via DMP August 2017
• Account Owner – Link Financial

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

16^th October 2017 – Letter received from Link – Recon and a Statement of Account. They informed me that this completes their obligation under 78 of the Act.
Copies sent to Niddy for clarity – Niddy has informed us that it is UE due to them not being a signed agreement.


Filed away at this stage and no further payment is going to be made for now. If at a later date they threaten court action then missing prescribed terms will be forwarded.

Update......Letter from Link requesting we contact them to discuss our financial situation. Have filed it away. Also in the last couple of weeks the phone calls have increased ten fold too.

[Blodwen]

Barclays

• Credit Card - ??? States Account Type Bank on Credit Report - Unsure if this could be an old Egg Account
• Date Commenced - March 2001
• Approx Balance - £1,500
• Date Last Paid – Full Payment November 2011
• Status – Default August 2012
• Are you on arrangement or not paying – Date Last Paid via DMP August 2017
• Account Owner – Link Financial

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

16th October 2017 – Letter received from Link – Recon and a Statement of Account. They informed me that this completes their obligation under 78 of the Act.
Copies sent to Niddy for clarity – Niddy has informed us that it is UE due to them not being a signed agreement.


Filed away at this stage and no further payment is going to be made for now. If at a later date they threaten court action then missing prescribed terms will be forwarded.

Update......Letter requesting we contact them to discuss our financial situation. Have filed it away.

[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.
Do we respond to this letter or file it away for now until we receive our CCA Information?

Good Morning...... a quick update re this debt. Two letter is the matter of weeks from Moorcroft stating "Possible Further Action" and asking us to contact them to arrange a payment plan within the next 7 days.

We haven't received a response yet to our request for our CCA back in August. Do we simply file this away and keep it safe for time being?

[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.
Do we respond to this letter or file it away for now until we receive our CCA Information?

Just a wee update since last posting this.......

November 2017 - Statement of Account Received from Lloyds Bank.

Still no response to our CCA request as yet. We haven't responded to Moorcroft's correspondence in October. We will keep it this way for the time being.

[Joanna Connolly Solicitors]

RBS Cards (Mint)

• Credit Card
• Date Commenced – April 2008
• Approx Balance £ 7,500
• Date Last Paid – Full Payment November 2011
• Status - Default August 2012
• Are you on arrangement or not paying - Date last paid via DMP August 2017
• Account Owner – CABOT

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

11^th August 2017 – Letter from Cabot requesting we contact RBS direct and re-send the postal a Postal Order to RBS.

1st September – Letter to RBS requesting CCA – Postal Order enclosed and recorded delivery.

22^nd September 2017 – Letter off RBST&C’s – Emailed to Niddy who has informed us it is Enforceable.

One of the pages of this set of paperwork also included my own credit limit/account number and my details on it. It’s a good thing that my OH knows about this debt otherwise I could have had some explaining to do!!!

Since emailing this to Niddy we have since found our original welcome letter from Mint – these weren’t emailed to Niddy at the time as we have only just located them.

Documents in your own possession needn't necessarily have a negative impact on things. It's the debt owner who has to produce them not you. They don't always have access to the same information from the original creditor.

I note you say this account is currently owned by Cabot. Would that be Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd which is unlicensed?

There are lots of reasons a debt can be unenforceable in law not just the credit agreement so don't lose heart yet. There can be bad Default Notices (s87), annual Notice of Sums in Arrears (s86) not served, assignment issues and unlicensed debt owners.

Di

[Blodwen]

Thank you Cymru for the clarification this evening. I will get these done tomorrow and sent off to the DMP. It is so refreshing not to get shot down in flames for asking the most trivial of things.

[cymruambyth]

Yes you will both need to send a SAR. As you are not sending it to a creditor I would not worry too much about the signatures, though you could each sign the others name and take a photocopy of the signatures ...... The tamper proof signature is a precaution against unscrupulous DCAs being inventive with signatures on documents!!!!!!!
Don't worry about asking questions, many an apparently silly question has resulted in an answer that could save money.