Vaper's Diary

[vaper]

• • Santander Partners debt

• • Type of account -Credit card
  • Date commenced - 06/10/06
  • Approx balance - £5400
  • Date last paid - 10/05/17
  • Are you on arrangement or not paying- Not paying
  • Status- In arrears
  • Account owner– Santander

13/06/17 Sorry to hear about your change of circumstances please complete the enclosed I&E form, collections suspended for 30 days
13/06 16 we've stopped adding interest for 30 days etc.
28/06/17 we've temporarily stopped adding fees and interest to your card account
12/07/17 Arrears notice
28/07/17 Please make a payment towards your account
11/08/17 You need to make a payment towards your credit card
15/08/17 We wanted to let you know we've charged you for late, missed or returned payments.
18/08/17 Please call us immediately to arrange a repayment plan
26/08/17 Please call us urgently about your credit card or we may have to send you a default notice
30/08/17 You need to pay outstanding amounts or we'll block all of your accounts facilities
15/09/17 We want to let you know you've been charges for late, missed payments etc. £12.00
09/10/17 If you do not pay a default will be recorded
11/09/17 You have missed payments, we would like to help you etc.
16/10/17 We want to let you know you have missed payments etc.
23/10/17 We cant contact you so please contact Stepchange Pay plan etc.
26/10/17 We may have to register a default if you do not pay within 28 days of this letter
27/10/17 Default notice served. Pay within 14 days
30/10/17 We write to advise you that we plan to advise CRA's that you have defaulted on your account, we will do this in 28 days if you do not pay.
13/11/17 Notice of sums in arrears
15/11/17 Notice of default sums
29/12/17 Were referring your account to Moorcroft
04/01/18 Letter from Moorcroft please pay within 7days
17/01/18 Moorcroft informing of possible further action.
01/02/18 Monthly instalment offer
15/02/18 Offering repayment options
01/03/18 Your account has been passed to our home collections division
04/06/18 Discount offer may be available
14/06/18 Account statement
13/07/18 CCA request sent to Moorcroft
17/07/18 Letter from Santander we will be referring your account to Wescot credit services
31/07/18 Letter from Moorcroft informing they are no longer responsible for collection activity on this account £1 postal order and original CCA request were returned to me.
02/09/18 Wescot intro letter asking for contact.
05/08/18 Letter informing they know I live here and need to make contact
15/08/18 Reduced settlement offer
02/09/18 Opportunity of a repayment plan

08/03/19
Updated
21/02/19 Letter from Santander informing that the account will now be managed by drydensfairfax Solicitors.
04/03/19 Letter from Drydensfairfax Solicitors asking me to contact them by 18th March to agree a solution to this matter..
reading back through this post, I've just realised that the CCA request was never dealt with. On 31/07/18 (above) £1 postal order and CCA request were returned to me when they handed the account back to Santander.

Update.
so, I realise the CCA needs sending again, do I now sent it to Santander or Drydensfairfax Solicitors?

[Joanna Connolly Solicitors]

• • Capital One Partners debt

• • Type of account -Credit card
  • Date commenced - 20/10/09
  • Approx balance - £9000
  • Date last paid-11/04/17
  • Are you on arrangement or not paying- Not paying
  • Defaulted
  • Status- In arrears
  • Account owner- Lowell

03/06/17 Thank you for getting in touch, all payment information is included with this letter
03/06/17 Were here to help. fill in the I&E form and return it and well help set up a payment plan
03/06/17 Thanks for contacting us. I've enclosed some extra payment slips for you light the fire with as you cant pay what you owe us anyway.
20/06 17 You've missed some payments
28/06/17 We need to update your email address as our messages are bouncing from that address (REALLY) !!!!
July 2017 We'd like you to call us to help you get back on track
August 17 We have to inform you that you'll permanently lose the use of your card.
19/08 17 You've missed at least two payments (I make that 4 but anyhoo)
August17 Its likely you'll lose the use of your card if you don't pay by 12/09/17
18/09/17 You have now permanently lost the use of your card
September 17 Were about to send you a default notice
16/10/17 Default notice (I think) It isn't set out like the others but seems to be saying the same thing ish
20 10/17 Notice of sums in arrears.
November 17 Your account is about to default unless you pay within 30 days
18/11/17 Statement of default
10/04/18 Introduction letter from Lowell and a letter from Capital One informing that the account has been sold to Lowell

. . . .
13/07/18 CCA request sent to Lowell
. . . .

24/01/19 CCA request sent to Niddy for checking

Niddy has checked this one and it is enforceable. Any ideas how we go forward with this now?.

Just because a credit agreement is enforceable that doesn't necessarily mean that Capital 1 have complied with all their other statutory duties.

The events surrounding any Default Notice and Termination before the debt was assigned to Lowell may be relevant in your situation for example. You've said it didn't look like a DN to you.

If Lowell Portfolio want to take things to the next level they will instruct Lowell Solicitors who should send you a formal Letter Before Claim giving you 30 days to respond before they can issue a claim.

Post on your thread if that happens, otherwise I see no reason for you to reply to that latest letter.

Di

[vaper]

Thanks Roger, I'll wait for a further response.

[Roger]

Update. Any advice on what to do next folks?

"..21/01/19 We have tried to contact you several times, we will shortly be passing your account to our collections department or one of our debt collection agencies. we are willing to offer a discount of 30% in affordable instalments. .."

This was their last entry it includes an " ..OR.." which shows a dithering mindset doesn't it?

If you contact them it will restart your Statute Bar Clock!!
There are many legal reasons for Un Enforciblity not just the CCA. The other thing to remember is that the CCA request is for Information purposes not Evidence.
In the mean time I should file this and wait and see what they send next.

[vaper]

• • Capital One Partners debt

• • Type of account -Credit card
  • Date commenced - 20/10/09
  • Approx balance - £9000
  • Date last paid-11/04/17
  • Are you on arrangement or not paying- Not paying
  • Defaulted
  • Status- In arrears
  • Account owner- Lowell

03/06/17 Thank you for getting in touch, all payment information is included with this letter
03/06/17 Were here to help. fill in the I&E form and return it and well help set up a payment plan
03/06/17 Thanks for contacting us. I've enclosed some extra payment slips for you light the fire with as you cant pay what you owe us anyway.
20/06 17 You've missed some payments
28/06/17 We need to update your email address as our messages are bouncing from that address (REALLY) !!!!
July 2017 We'd like you to call us to help you get back on track
August 17 We have to inform you that you'll permanently lose the use of your card.
19/08 17 You've missed at least two payments (I make that 4 but anyhoo)
August17 Its likely you'll lose the use of your card if you don't pay by 12/09/17
18/09/17 You have now permanently lost the use of your card
September 17 Were about to send you a default notice
16/10/17 Default notice (I think) It isn't set out like the others but seems to be saying the same thing ish
20 10/17 Notice of sums in arrears. I'm behind with repayments (No kidding Sherlock)
November 17 Your account is about to default unless you pay within 30 days - that's not gonna happen!
18/11/17 Statement of default
21/11/17 We need to reach a payment agreement
10/04/18 Introduction letter from Lowell and a letter from Capital One informing that the account has been sold to Lowell
27/04/18 Letter from Lowell requesting payment agreement
13/05/18 Options of ways to repay
28/05/18 Letter - we may assess your account for legal action.
11/06/18 We intend to take legal action if you do not contact us to agree repayment
25/06/18 We will take legal action if no contact is made by 09/07/18 to avoid further action we can offer a 20% discount
10/07/18 We will be instructing solicitors if you do not arrange to repay
13/07/18 CCA request sent to Lowell
24/07/18 We have requested documentation from Capital One, account is on hold. if we have not heard from Capital One after 40 days time we will send you an update.
21/11/18 Response from Lowell with CCA response and reams of statements. Account is put .on hold until 19/12/18 while I check their paperwork
23/12/18 Letter from Lowell informing that they haven't heard back from me yet and to get in touch
10/01/19 Letter from Lowell - please contact us to make payment arrangements.
21/01/19 We have tried to contact you several times, we will shortly be passing your account to our collections department or one of our debt collection agencies. we are willing to offer a discount of 30% in affordable instalments.

24/01/19 CCA request sent to Niddy for checking

Niddy has checked this one and it is enforceable. Any ideas how we go forward with this now?
Theyve offered a 30% discount up to now so I'm wondering how much more flexible they might be.
Should I offer them a token payment, say £5 a month or just say nothing and await their next letter?

Update. Any advice on what to do next folks?

[vaper]

• • Capital One Partners debt

• • Type of account -Credit card
  • Date commenced - 20/10/09
  • Approx balance - £9000
  • Date last paid-11/04/17
  • Are you on arrangement or not paying- Not paying
  • Defaulted
  • Status- In arrears
  • Account owner- Lowell

03/06/17 Thank you for getting in touch, all payment information is included with this letter
03/06/17 Were here to help. fill in the I&E form and return it and well help set up a payment plan
03/06/17 Thanks for contacting us. I've enclosed some extra payment slips for you light the fire with as you cant pay what you owe us anyway.
20/06 17 You've missed some payments
28/06/17 We need to update your email address as our messages are bouncing from that address (REALLY) !!!!
July 2017 We'd like you to call us to help you get back on track
August 17 We have to inform you that you'll permanently lose the use of your card.
19/08 17 You've missed at least two payments (I make that 4 but anyhoo)
August17 Its likely you'll lose the use of your card if you don't pay by 12/09/17
18/09/17 You have now permanently lost the use of your card
September 17 Were about to send you a default notice
16/10/17 Default notice (I think) It isn't set out like the others but seems to be saying the same thing ish
20 10/17 Notice of sums in arrears. I'm behind with repayments (No kidding Sherlock)
November 17 Your account is about to default unless you pay within 30 days - that's not gonna happen!
18/11/17 Statement of default
21/11/17 We need to reach a payment agreement
10/04/18 Introduction letter from Lowell and a letter from Capital One informing that the account has been sold to Lowell
27/04/18 Letter from Lowell requesting payment agreement
13/05/18 Options of ways to repay
28/05/18 Letter - we may assess your account for legal action.
11/06/18 We intend to take legal action if you do not contact us to agree repayment
25/06/18 We will take legal action if no contact is made by 09/07/18 to avoid further action we can offer a 20% discount
10/07/18 We will be instructing solicitors if you do not arrange to repay
13/07/18 CCA request sent to Lowell
24/07/18 We have requested documentation from Capital One, account is on hold. if we have not heard from Capital One after 40 days time we will send you an update.
21/11/18 Response from Lowell with CCA response and reams of statements. Account is put .on hold until 19/12/18 while I check their paperwork
23/12/18 Letter from Lowell informing that they haven't heard back from me yet and to get in touch
10/01/19 Letter from Lowell - please contact us to make payment arrangements.
21/01/19 We have tried to contact you several times, we will shortly be passing your account to our collections department or one of our debt collection agencies. we are willing to offer a discount of 30% in affordable instalments.

24/01/19 CCA request sent to Niddy for checking

[vaper]

• • MBNA My debt
• • Type of account -Credit card
  • Date commenced – 01/07/15
  • Approx balance - £4000
  • Date last paid– 26/04/17
  • Are you on arrangement or not paying- Not paying
  • Status– In arrears
  • Account owner– PRA

04/06/17 We've placed a restriction on your account
07/06/17 Thank you for contacting us regarding difficulties paying, our details are xxxxx please make sure your payment always covers your minimum payment WTF!!!
09/06/17 Thanks for letting us know about your current situation fill in the enclosed I&E form
01/07/17 Notice of sums in arrears
12/07/17 You've missed two payments can we help
02/08/17 Stupid letter informing they are going to change default charges to £0 until I pay again then it will go back to £12
11/08/17 you've missed tree payments, your account has been blocked
01/09/17 Notice of sums in arrears
11/09/17 You've missed 4 payments please contact us
02/10/17 You're 5 payment behind please contact us
01/11/17 Notice of sums of arrears
01/11/17 Default notice. Account will default if not paid within 30 days

09/01/18 Credit agreement terminated

22/02/18 letter informing the account has been sold to PRA Group (UK) and a letter from PRA informing that they have purchased the debt.

26/03/18 Settlement offer from PRA

30/04/18 Settlement offer from PRA

01/06/18 Settlement offer from PRA

13/07/18 CCA request sent to PRA with required payment

16/07/18 Postal order returned to me with a letter saying they have requested the information and will contact when it is received.

14/08/18 Documentation received, just a copy of a credit card statement from December 2017

16/08/18 Documents received, very hard to see as its been printed so small. Terms and conditions of Credit card agreement, along with lots of pages of pre contractual explanations.

UPDATED:21/11/18

24/08/18 Discounted settlement offer from PRA can pay over 1,3, or 6 months with 10% discount.

Phone calls and voicemail messages almost daily - I never answer them.

20/11/18 CCA sent to niddy for checking - not expecting this to be Unenforcable because it's my most recent debt so will probably have to try and get them to settle with more than 10% discount.

Update 19/01/19

So, been getting daily phone calls from PRA, I never answer but they are leaving voicemail messages and text message saying to contact them urgently regarding my account. Is it time to contact them and make an offer at a reduced rate? I have to admit I'm starting to get a bit jittery about this one now.

ETA Niddy has checked this one and it is enforceable - hence the panic

[vaper]

Posted wrong message

[Never-In-Doubt]

So, Niddy has checked this, it is as I thought enforceable. What do I do now?
They have sent reduced settlement offers at 10% reduction, how do I go about getting a better offer than this?
vaper.

Have you considered not accepting / responding at this stage? Make them think you believe it to be unenforceable and ignore them a while - save up a little in the meantime (just in case). And then maybe mid-2019 send an offer in, or continue to ignore them if they're not hassling you / making threats.

It's a slow game of poker, no rush for an outcome - you'll have a good 6 years to get to SB anyway so plenty of time to worry about offers if and when they start to make threats.

[vaper]

Did you have any PPI on this account?

Di

No Di, never had PPI on anything
thanks
vaper

[Joanna Connolly Solicitors]

Niddy has checked this, it is as I thought enforceable. What do I do now?

Did you have any PPI on this account?

Di

[The Tech Clerk]

Warwick65

[vaper]

• • MBNA My debt
• • Type of account -Credit card
  • Date commenced – 01/07/15
  • Approx balance - £4000
  • Date last paid– 26/04/17
  • Are you on arrangement or not paying- Not paying
  • Status– In arrears
  • Account owner– MBNA

04/06/17 We've placed a restriction on your account
07/06/17 Thank you for contacting us regarding difficulties paying, our details are xxxxx please make sure your payment always covers your minimum payment WTF!!!
09/06/17 Thanks for letting us know about your current situation fill in the enclosed I&E form
01/07/17 Notice of sums in arrears
12/07/17 You've missed two payments can we help
02/08/17 Stupid letter informing they are going to change default charges to £0 until I pay again then it will go back to £12
11/08/17 you've missed tree payments, your account has been blocked
01/09/17 Notice of sums in arrears
11/09/17 You've missed 4 payments please contact us
02/10/17 You're 5 payment behind please contact us
01/11/17 Notice of sums of arrears
01/11/17 Default notice. Account will default if not paid within 30 days

09/01/18 Credit agreement terminated

22/02/18 letter informing the account has been sold to PRA Group (UK) and a letter from PRA informing that they have purchased the debt.

26/03/18 Settlement offer from PRA

30/04/18 Settlement offer from PRA

01/06/18 Settlement offer from PRA

13/07/18 CCA request sent to PRA with required payment

16/07/18 Postal order returned to me with a letter saying they have requested the information and will contact when it is received.

14/08/18 Documentation received, just a copy of a credit card statement from December 2017

16/08/18 Documents received, very hard to see as its been printed so small. Terms and conditions of Credit card agreement, along with lots of pages of pre contractual explanations.

UPDATED:21/11/18

24/08/18 Discounted settlement offer from PRA can pay over 1,3, or 6 months with 10% discount.

Phone calls and voicemail messages almost daily - I never answer them.

20/11/18 CCA sent to niddy for checking - not expecting this to be Unenforcable because it's my most recent debt so will probably have to try and get them to settle with more than 10% discount.

So, Niddy has checked this, it is as I thought enforceable. What do I do now?
They have sent reduced settlement offers at 10% reduction, how do I go about getting a better offer than this?
vaper.

[vaper]

BARCLAYCARD 2 Partners debt

• • Type of account -Credit card
  • Date commenced- 24/05/07
  • Approx balance - £8000
  • Date last paid- 31/03/17
  • Are you on arrangement or not paying- Not paying
  • Status- In arrears
  • Account owner- Barclaycard

06/06/17 Default sum notice late payment and over credit limit charge £12,00 each
07/06/17 You've told us you're in an arrangement with a DMP we will not contact you in the next 30 days
08/06/17 We're having trouble getting in touch, please update your contact details on your online account (even though they have disabled it).
06/06/17 Arrears notice
04/08/17 Default sum notice late payment and over credit limit charge £12.00 each
05/09/17 Thanks for getting in touch about your current situation (that was back in May) I&E form enclosed
06/09/17 arrears notice
06/10/17 Your account is overdue we need to speak to you urgently, if you don't pay we'll send a default notice
06/11/17 Late payment charge
06/11/17 Arrears notice
07/11/17 Default notice. You have broken the agreement pay £ xxx before 05 December. if you do not take action before the date shown then further action may be taken against you.

28/12/17 A default has been registered in your account - you now need to pay your balance in full. Your account has now been passed to our recoveries team.

03/07/18 A refund has been issued on your account due to our operating procedures, we did not always meet our expected standards with customers who have fallen behind with their payments - (or words to that effect). That's the last correspondence with them. No DCA letter of assignment, nothing.

UPDATED 21/11/18

02/10/18- Your account has been assigned and transferred to Hoist Finance UK Holdings Limited. Moorcroft will be acting on their behalf also in the letter was a notice of assignment form Hoist.

27 10/18 - Letter from Moorcroft informing that they will be collecting on behalf of hoist.

15/11/18- letter from Moorcroft asking me to make a payment proposal before 22/11/18.

Numerous calls and texts received from Hoist, all ignored.

I've realised today that we never sent a CCA request to Barclays for this one. Shall I send one to Moorcroft now or wait until they start getting a bit heavy?

Vaper

[vaper]

• • Capital One Partners debt

• • Type of account -Credit card
  • Date commenced - 20/10/09
  • Approx balance - £9000
  • Date last paid-11/04/17
  • Are you on arrangement or not paying- Not paying
  • Status- In arrears
  • Account owner- Capital One

03/06/17 Thank you for getting in touch, all payment information is included with this letter
03/06/17 Were here to help. fill in the I&E form and return it and well help set up a payment plan
03/06/17 Thanks for contacting us. I've enclosed some extra payment slips for you light the fire with as you cant pay what you owe us anyway.
20/06 17 You've missed some payments
28/06/17 We need to update your email address as our messages are bouncing from that address (REALLY) !!!!
July 2017 We'd like you to call us to help you get back on track
August 17 We have to inform you that you'll permanently lose the use of your card.
19/08 17 You've missed at least two payments (I make that 4 but anyhoo)
August17 Its likely you'll lose the use of your card if you don't pay by 12/09/17
18/09/17 You have now permanently lost the use of your card
September 17 Were about to send you a default notice
16/10/17 Default notice (I think) It isn't set out like the others but seems to be saying the same thing ish
20 10/17 Notice of sums in arrears. I'm behind with repayments (No kidding Sherlock)
November 17 Your account is about to default unless you pay within 30 days - that's not gonna happen!
18/11/17 Statement of default
21/11/17 We need to reach a payment agreement
10/04/18 Introduction letter from Lowell and a letter from Capital One informing that the account has been sold to Lowell
27/04/18 Letter from Lowell requesting payment agreement
13/05/18 Options of ways to repay
28/05/18 Letter - we may assess your account for legal action.
11/06/18 We intend to take legal action if you do not contact us to agree repayment
25/06/18 We will take legal action if no contact is made by 09/07/18 to avoid further action we can offer a 20% discount
10/07/18 We will be instructing solicitors if you do not arrange to repay
13/07/18 CCA request sent to Lowell
24/07/18 We have requested documentation from Capital One, account is on hold. if we have not heard from Capital One after 40 days time we will send you an update.

UPDATED