Blodwen's UE Journey

[Blodwen]

Sorry to be a pain but can someone point me in the right direction of the new SAR Template (GPDR) I thought I had saved the link and now I can't find it!! I have also looked in the template section but not sure which one I should be using. I have even gone through some other diaries to see if I can find it - but I've had no luck. I have looked .......honestly

[Blodwen]

Hi

You would normally only send a SAR to the ORIGINAL creditor (sometimes also to a former DMP provider), but not to a debt purchaser. If you SAR the original creditor the new debt owner will not be aware of it, so you would not rock the boat by doing that. However, you need to distinguish between a/c's which have been sold on, leaving out ones which have merely been farmed out to external agencies to chase.

Morning SW, Thank you for the advice. Got it.......so in our case I think it may only be the LLoyds and Tesco debts which are still with the original creditors, I will go through them with a fine tooth comb and I will make doubly sure I only send SARs to the one's which have been sold on. Am I right in assuming the original creditor cannot inform the debt purchaser that we have requested the SAR? Thank you

[Blodwen]

With regard to the Lloyds credit card - CSL are attempting to get you to pay by offering you a partial settlement......Thats all.....a ploy if you will

As long as there are no threats of legal action ( Which by the sound of it there is not ) Then in my opinion you have done the right thing.......Date and file away.....See what comes next

Your doing great

Thank you Spud, all filed away and noted We have had rather a lot of correspondence and phone calls this month so I was having a little wobble whilst updating our diary. I'm so grateful that I can come here and get it off my chest and regain the courage to move onto another day. Thank you.

[Still Waving]

Good Afternoon on this lovely sunny Sunday........I hope this isn't a daft question........Now that we no longer have to pay to obtain a SAR is it worth us sending requests to those DCA's who have purchased an alleged debt from the original creditor to see what information they have on their records? Or would it be beneficial or us to "not rock the boat" at this stage if all is relatively quite?
Thanks in advance.

Hi

You would normally only send a SAR to the ORIGINAL creditor (sometimes also to a former DMP provider), but not to a debt purchaser. If you SAR the original creditor the new debt owner will not be aware of it, so you would not rock the boat by doing that. However, you need to distinguish between a/c's which have been sold on, leaving out ones which have merely been farmed out to external agencies to chase.

[Spud]

With regard to the Lloyds credit card - CSL are attempting to get you to pay by offering you a partial settlement......Thats all.....a ploy if you will

As long as there are no threats of legal action ( Which by the sound of it there is not ) Then in my opinion you have done the right thing.......Date and file away.....See what comes next

Your doing great

[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 - Noted and Filed.

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.- Noted and Filed.

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

December 2017 - Monthly Instalment Offer letter received. - Noted and Filed.

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. Noted and Filed.

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

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

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.

January 2018 - Letter informing us Lloyds Bank wish to offer us a significant discount - call them to discuss further. Filed away.

February 2018 - "An Opportunity to take control of this outstanding balance in a way to suit you" letter received from Westcot. - Filed away.

February 2018 - Letter from 2F requesting we confirm our residency and requesting we contact them directly to resolve the issue - We will not respond to this and File away.

March 2018 - Important Message Slip received by post from 2F requesting we call them. This slip resembles a wage slip which included a contact name and telephone number for us to call. Noted and Filed.

May 2018 - Looks like CSL are now dealing with this now as letter received headlined "Notice of Further Action" We haven't had a letter informing us this is now being dealt with by CSL, this is the first contact from them. It seems to be being passed around at the moment! On first reading the heading we panicked, however the reminder for the letter was simply requesting we contact them ASAP to arrange payment. We have still yet to receive a response to our CCA request back in August 2017. Noted and Filed.

June 2018 - Letter from CSL offering us a "Limited Time Offer" Payment will be accepted as partial settlement and we will not be pursued for the balance. They go on to say that any default registered on our credit file will be updated to "partially satisfied" and the account balance will be shown as zero. They don't actually give a figure of what the offer will be as it will be subject to an affordability check. Noted and filed at this stage.

I have updated our diary entry with the latest correspondence from CSL on behalf of LLoyds, They have offered us a partial settlement and have informed us they will not pursue us for the remaining balance. They go on to say that our credit file will show as partially settled and the account balance will show as zero. They don't actually give us an exact figure of what the settlement figure will look like. We haven't had a response to our original CCA request as yet therefore we have decided to simply file the letter away at this stage. I;m really hoping this is the right thing to do as having a wee bit of a wobble day today after updating all our diary entries.

[Blodwen]

Good Afternoon on this lovely sunny Sunday........I hope this isn't a daft question........Now that we no longer have to pay to obtain a SAR is it worth us sending requests to those DCA's who have purchased an alleged debt from the original creditor to see what information they have on their records? Or would it be beneficial or us to "not rock the boat" at this stage if all is relatively quite?

Other then the normal daily phone calls from Link and Cabot which we have become accustomed to ignoring and the general letters requesting we contact them immediately to discuss payments, we haven't as yet received anything threatening.

We did receive a SAR from our DMP but it was quite sparse and consisted of mainly financial transactions. There wasn't any letters between DCA's to the DMP included.

Also Tesco have written to inform us that they are transferring our account to Wescot, who in turn have already contacted us within the same week. Under the new GDPR legislation are the original creditors entitled to pass on our details to a third party without our permission or does this not apply to these particular circumstances?

Thanks in advance.

[Blodwen]

I've taken a look at post # 7 (although you say you're going to update it later) and I can see that this credit card debt is still with Lloyds who is passing it around various DCAs.

It might make sense to wait until it's assigned (sold) to a debt purchaser before you send for a SAR (to Lloyds) because you will then capture all the details surrounding the termination and assignment etc.

I also wouldn't attempt a PPI claim until it's sold either because if they (or the debt purchaser) ever issue a claim then that PPI issue may be an argument you could use in your Defence if the account balance was incorrect when sold due to the PPI being missold (if it was) etc.

Personally I would say/do nothing until or unless they comply with your s 77-79 CCA Request or you get a letter from a solicitor.

Di

Hi Di........Thank you very much for your response to my enquiry. I have taken your advice on board and haven't sent a SAR to Lloyds at this point. It now looks as though CSL are now dealing with this, it seems to be being passed around at the moment! We will also hold fire on any PPI claim too. We still haven't received a response to our CCA request. All our diary entries have been updated today. Thank you so much for your invaluable advice.

[Joanna Connolly Solicitors]

On the subject of SARs would you advise sending an SAR to LLoyds at this stage? Hubby is adamant this was taken out yonks ago when it was formally TSB, plus there is also PPI on this account too which we haven't done anything about for fear of acknowledging the debt. Do you have any advice re this please? CSL who are acting on behalf of Lloyds are contacting us frequently with letters and phone calls requesting payment. I will update my diary today with relation to these letters and calls.

I've taken a look at post # 7 (although you say you're going to update it later) and I can see that this credit card debt is still with Lloyds who is passing it around various DCAs.

It might make sense to wait until it's assigned (sold) to a debt purchaser before you send for a SAR (to Lloyds) because you will then capture all the details surrounding the termination and assignment etc.

I also wouldn't attempt a PPI claim until it's sold either because if they (or the debt purchaser) ever issue a claim then that PPI issue may be an argument you could use in your Defence if the account balance was incorrect when sold due to the PPI being missold (if it was) etc.

Personally I would say/do nothing until or unless they comply with your s 77-79 CCA Request or you get a letter from a solicitor.

Di

[The Tech Clerk]

SAR Lloyds no charge now and they will have 30 days to comply- that should divulge what you are looking for?

[Blodwen]

Good Morning.......We have received our SAR from the DMP Company. I don't know what I was expecting but it was made up of a breakdown of our budgets, payment files and history and only 2 statements which they hold on their system, plus a memory stick containing records of our calls. There are no records of correspondence that may have been made to and from creditors. The bulk of the paperwork was every payment we made whilst on the DMP.

On the subject of SARs would you advise sending an SAR to LLoyds at this stage? Hubby is adamant this was taken out yonks ago when it was formally TSB, plus there is also PPI on this account too which we haven't done anything about for fear of acknowledging the debt. Do you have any advice re this please? CSL who are acting on behalf of Lloyds are contacting us frequently with letters and phone calls requesting payment. I will update my diary today with relation to these letters and calls. Thank you.

[Blodwen]

Just for your peace of mind and records. I suggest you print off and store a copy of this (as SW says do not be concerned about the brackets around (UK)).
http://fca-consumer-credit-interim.f...w?accId=472690
There are many reasons for UE not just the CCA!
This is where good filing and SAR's etc.. are important.
You are doing well!

Hi Roger....thank you for the link and response, much appreciated. I have printed a copy for my files. Thank you so much Roger and SW, you have helped put my mind at ease. It is so good to hop on here and actually put pen to paper so to speak as otherwise, because with me it has a habit of all swimming around in my head. AAD is such a stress relief and we are grateful for the support we receive. Thank you SW for re-affirming to us we are doing well

[Blodwen]

Hi

My assignment letter nearly 2 years ago from Mint said the account was assigned to Cabot Financial (UK) Limited, but all subsequent letters from Cabot have shown current creditor as Cabot Financial UK Limited. I don't think you need concern yourself with the absence of brackets.

You refer to previous letters, but do you really mean that just the Mint letter shows brackets?

Thank you for your reply SW........Yes just the Mint one......sadly my paperwork for this particular account is thin on the ground. When we were in our DMP we didn't keep on top of our paperwork as we should have, burying our head in the sand I think the term is!!!! We have requested a SAR from Stepchange so I'm hoping this will include n abundance of paperwork from DCA's that we can fill in the blanks.

[Roger]

Just for your peace of mind and records. I suggest you print off and store a copy of this (as SW says do not be concerned about the brackets around (UK)).
http://fca-consumer-credit-interim.f...w?accId=472690
There are many reasons for UE not just the CCA!
This is where good filing and SAR's etc.. are important.
You are doing well!

[Still Waving]

Good afternoon - I've just updated our diary with the latest correspondence from Cabot. On the right hand side of the letter it states current creditor as "Cabot Financial UK Limited" the UK element of this text does not have brackets around it as in previous letters. Has anyone else received letters like this? It is so confusing as the statement of account states Cabot Financial (Europe) Limited as the owner. I know they are part of the same company but I don't understand why they don't use Cabot (Europe) as the current creditor on all their correspondence and not refer to Cabot Financial UK Limited at all. my mind boggles with it all!!

Hi

My assignment letter nearly 2 years ago from Mint said the account was assigned to Cabot Financial (UK) Limited, but all subsequent letters from Cabot have shown current creditor as Cabot Financial UK Limited. I don't think you need concern yourself with the absence of brackets.

You refer to previous letters, but do you really mean that just the Mint letter shows brackets?