Blodwen's UE Journey

[Blodwen]

Thank you for your advice re the harassment letter. These calls are happening daily at the moment so I will log them. Thanks for your words of encouragement with regards to things getting easier. At the moment every day seems to be tough and filled with dread. I so wish I had found AAD 7 years ago instead of entering a DMP, we would be well on our road to nearing the end. It seems like this road is never ending sorry for the negativity in this post. Simply on a downer at the moment.
Can I ask another stupid question.......we have never defaulted on a mortgage payment. We have always maintained monthly payments, not missing one. Can a charge still be placed on our property? I am unsure who can place a charge?
Thank you and have a lovely weekend.

[Roger]

Thank you for your advice re the harassment letter.
These calls are happening daily at the moment so I will log them.

Can I ask another stupid question.......we have never defaulted on a mortgage payment. We have always maintained monthly payments, not missing one. Can a charge still be placed on our property? I am unsure who can place a charge?

They will need a court order to place a Charge on your Property and you are a long long way from that at the moment!
You say OUR Property! Is this in Joint Names?

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.

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

Now that is very very naughty of Tesco because they cannot sue you while in default of that CCA request. The Law here is on your side!
Allied International (UK) Ltd are Tesco's Agents its ALL just empty threats!

[Blodwen]

They will need a court order to place a Charge on your Property and you are a long long way from that at the moment!
You say OUR Property! Is this in Joint Names?



Now that is very very naughty of Tesco because they cannot sue you while in default of that CCA request. The Law here is on your side!
Allied International (UK) Ltd are Tesco's Agents its ALL just empty threats!

Yes Roger, the Mortgage is in joint names. Thank you for the clarification re the charge. I have been having sleepless nights imagining we will end up having to sell our house.

[cymruambyth]

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.

[Blodwen]

Thank you Cymru, I will try the breathing techniques. You are so right, in the early hours my mind drifts from one horrendous outcome to another!! I am so grateful I have found this site. To be able to offload is invaluable and it really does help hearing how others have made it through the other side and there is light at the end of the tunnel. HUGE thanks.

[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, hope your all well - Wescot are pro active this month with three letters so far.

We have PPI on this account which OH didn't even realise he had taken out over 20 years ago. Is it worth making a claim for this or remain quiet as to not stoke the beast so to speak?

Also I have read on other threads here that people keep the envelopes in which their letters arrive in - do we need to keep envelopes for every correspondence we receive. Apologies if this is a daft question but I want to make sure that everything is in order.

[Blodwen]

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.

August 2017 - Letter from Cabot informing us they are the new legal owner of the account and the account will be looked after by Westcot. Stapled to this letter was a copy letter from Mint informing us that in July 2017 are our account was assigned to Cabot Financial (UK) Limited who are now the legal owners of the debt.It goes on to say that Westcot will manage our account on behalf of Cabot Financial (UK) Limited.

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.

November 2017 - Letter from Westcot requesting we contact them to arrange payment.

I have just updated our diary entry with a letter that I have found with some other paperwork with regards to Cabot International (UK) Limited being the new legal owners of the debt and that Westcot will be acting on their behalf. However a subsequent letter from Westcot in November stated that Westcot are working on behalf of Cabot Financial Europe Ltd. Its all a little confusing as the original letter from Mint clearly states that Cabot Financial (UK) Limited are the legal owners. Will this make any difference to it being enforceable or am I clutching at straws here? This also applies to the other Mint Enforceable account within my diary too.

Just one more question and I will leave you in peace........as this debt has now been legally sold do we send SAR's to Cabot? I remember Di wrote in a previous thread of mine not to send a SAR too early and also not unless a debt has been sold on as in not to a DCA.

You lovely people will be sick of me asking so many questions.

[Roger]

I have just updated our diary entry with a letter that I have found with some other paperwork with regards to Cabot International (UK) Limited being the new legal owners of the debt and that Westcot will be acting on their behalf. However a subsequent letter from Westcot in November stated that Westcot are working on behalf of Cabot Financial Europe Ltd. Its all a little confusing as the original letter from Mint clearly states that Cabot Financial (UK) Limited are the legal owners. Will this make any difference to it being enforceable or am I clutching at straws here? This also applies to the other Mint Enforceable account within my diary too.

Just one more question and I will leave you in peace........as this debt has now been legally sold do we send SAR's to Cabot? I remember Di wrote in a previous thread of mine not to send a SAR too early and also not unless a debt has been sold on as in not to a DCA.

You lovely people will be sick of me asking so many questions.

Would just refer you back to Niddy at post 197
https://www.all-about-debt.co.uk/for...ts/33536-cabot

SAR's are sent to the Original Creditor but not to early

[Blodwen]

Would just refer you back to Niddy at post 197
https://www.all-about-debt.co.uk/for...ts/33536-cabot

SAR's are sent to the Original Creditor but not to early

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.

[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!!!

[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.

[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

[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]

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!!

[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!