Blodwen's UE Journey

[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

[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

[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.

[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.

[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

[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

[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

[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.......

[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

[Blodwen]

oops.....sorry for the duplicate post - not sure what happened there!!

[Still Waving]

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

LBC = Letter Before Claim. It comes at the stage when an alleged debt has been referred to solicitors, and before they actually issue a claim at the court. The new Protocols oblige them to to send a letter which includes certain information about the claim, and a reply form for the recipient to complete indicating whether they admit or dispute the debt. Thereafter there is a timetable for responses prior to a claim actually being issued.

[Blodwen]

LBC = Letter Before Claim. It comes at the stage when an alleged debt has been referred to solicitors, and before they actually issue a claim at the court. The new Protocols oblige them to to send a letter which includes certain information about the claim, and a reply form for the recipient to complete indicating whether they admit or dispute the debt. Thereafter there is a timetable for responses prior to a claim actually being issued.

Thank you Still Waiving for the explanation - much appreciated. There is so much to learn

[Blodwen]

Halifax

• Credit Card
• Date Commenced - February 2009
• Approx Balance - £3,000
• Status - Default April 2012
• Date Last Paid – Full Payment November 2011
• Are you on arrangement or not paying - Date last paid via DMP August 2017
• Account Owner – CABOT

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

21^st August 2017 – Reply from Cabot informing us they require the relevant details from original lender.

1^st August 2017 – Account statements arrive for periods October 2016 – March 2017 - States Account Owner is Cabot Financial (Europe) Limited

30^th September 2017 – Account statements arrive for periods April 2019 – September 2017 - States Account Owner is Cabot Financial (Europe) Limited.

26^th October 2017 – No Further contact from Cabot with regards to our CCA information.

October 2017 - Welcome to Cabot letter received. - our account has been transferred from Apex and now is managed by Cabot......Really odd to receive this as they have been corresponding with us prior to receiving this letter - still no response to our CCA request.

2018

February 2018 - Letter received from Cabot - requesting we contact them to arrange payment. - On the right hand side of this letter it states current creditor is Cabot Financial UK Limited - however when they sent the statement of account they made reference to the owner being Cabot Financial (Europe) Limited - Noted and filed.

Good Morning All - we have received a letter from Cabot requesting we contact them to arrange payment. I have noted it and filed away as we are yet to receive a response to our CCA request. What is puzzling me is the fact that previous correspondence has stated that Cabot Financial (Europe) Limited are the creditors, however this letter states (on the right hand side of the paperwork) that it's Cabot Financial UK Limited who are the current creditor. I know they are all the same company but if the UK division is unauthorised why would they still be referring to them on their paperwork, surely this would read Cabot Financial (Europe) Limited? Am I being really dim here and missing something?

[Joanna Connolly Solicitors]

previous correspondence has stated that Cabot Financial (Europe) Limited are the creditors, however this letter states (on the right hand side of the paperwork) that it's Cabot Financial UK Limited who are the current creditor. I know they are all the same company but if the UK division is unauthorised why would they still be referring to them on their paperwork, surely this would read Cabot Financial (Europe) Limited?

They should state the owner of the debt in their correspondence.

If the debt was assigned to Cabot Financial (UK) Ltd then that's what they must state.

What did it say on the Notice of Assignment from Halifax (if you were sent one)?

Di

[Blodwen]

Good Morning Di.......thank you for your reply. I'm going to be completely honest and I'm really ashamed to say that whilst we were on the DMP we were really lapse in keeping any paperwork from the creditors. Its hard to explain but Once we got over the upset and shock of admitting the state of affairs and the DMP accepted us and we settled into paying it every month, we buried our head in the sand and didn't want to be constantly reminded of the situation as it was such a horrible part of of our lives. We simply thought being on our DMP was our lot and we would never require our paperwork again. Ordinarily I never throw any correspondence away that is important - I really wish we had kept this paperwork as there are holes all over the place in what we have and what we don't have pre August 2017 I'm ashamed of this now and could really kick myself for it. Obviously now we know different and we don't throw anything out what so ever, it is all filed away safely. I really worry that there are gaps in our paper trail.
We did keep really old letters thought pre the DMP and for the first year or so as I was really hot at filing these away. For others that are reading this .............please please keep all your paperwork safe and not make the same mistake as me.

The odd things is though Di, is that I sent the CCA request to Apex as I found a letter dated in 2013 with account numbers etc, however it was Cabot who responded to our CCA request by sending a letter informing us they were obtaining the varied terms and conditions from the original lender. That was in August 2017. Then in October 2017 we received the "Welcome to Cabot Letter" the second paragraph goes onto explain that they will inform our DMP provider of the change and we would not need to do anything. At this time we had finished with our DMP but I imagine it simply hadn't filtered through as yet as it was only two months previously. We haven't had a letter with the actual wording of "Notice of Assignment of Account" since August 2017. Only the welcoming letter. Apologies if my explanation is confusing.