Vaper's Diary

[Joanna Connolly Solicitors]

Looks like we have another battle ahead

Maybe, maybe not - but that doesn't mean they'll win.

High Noon is one of my favourite films

Di

[vaper]

Yes it is Di. I will send to Niddy and SAR co-op this week when I get chance.
Looks like we have another battle ahead

[Joanna Connolly Solicitors]

• • Co-op 1 My Debt
• • Type of account -Credit card
  • Date commenced - 14/09/07
  • Approx balance - £6000
  • Date last paid- 18/04/17
  • Are you on arrangement or not paying- Not paying
  • Status- Defaulted
  • Account owner- Link Financial

14/06 17 We need to speak to you as you have missed a repayment
19/06/17 Review - we have reduced your credit limit as payments have not been made on time
28/06/17 Make a payment to bring your account up to date
17/07 17 Bring your account up to date or we will issue a default
24/07/17 We have cancelled your card
24/07/17 Default notice pay £xxxx within seven days
21/08/17 Final Demand, we might pass your account to a DCA
13/10/17 Letter from Link Financial give notice that your account has been assigned to us. furthermore Link assigned your debt to Asset Link Capital (no5) Limited As a result your debt is now owed to ALC5 but Link remains as the servicer.

13/10/17 Letter from co-op and Link informing that the debt has been assigned to Link Financial.
15/11/17 Letter asking for payment.
08/12/17 We are validating your address.
14/12/17 Letter asking me to contact them.
24/01 18 We have validated your address - contact us.
12/04/18 Statement of account.
13/07/18 CCA request sent to Link with postal order.
23/07/18 We have not written for a while as we had to validate your address - contact us
01/08/18 Letter informing me that credit rating could be damaged.
30/08/18 Offer from Link to pay the balance over 4 years.
12/10/18 Statement of account.
12/04/19 Statement of account.

Link replied to our coop CCA's ages ago. They said they can't find the paperwork for hubbys account, so for now that one remains Unenforcable. They did send paperwork for mine though, which I will send to niddy this week for checking.

This is in relation to your account in the above post where you sent the s77-79 CCA Request in July 2018.

What took them so long to respond

Send it to Niddy for checking but also send a Subject Access Request to Co-op to see what information and data they have on file, and check the Transaction Log for mention of any interaction between Link and the Co-op.

It's not only the credit agreement which can make a debt unenforceable. I see this debt was assigned to Asset Link Capital (No 5) Ltd which is not authorised by the FCA to issue legal proceedings.


Jo explains this here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di

[vaper]

up some creek with out a canoe ?

yeah totally, hope someone else sees this and realise that there is some hope

[nightwatch]

Soo, we are currently fighting capital one!
i do have other shit rising from the sewers.... Link replied to our coop CCA's ages ago. They said they can't find the paperwork for hubbys account, so for now that one remains Unenforcable. They did send paperwork for mine though, which I will send to niddy this week for checking. I have to say though that I am finding this journey much easier with the help of all the lovely people from this site.
honestly do not have a clue where we would be now!

up some creek with out a canoe ?

[vaper]

Soo, we are currently fighting capital one!
i do have other shit rising from the sewers.... Link replied to our coop CCA's ages ago. They said they can't find the paperwork for hubbys account, so for now that one remains Unenforcable. They did send paperwork for mine though, which I will send to niddy this week for checking. I have to say though that I am finding this journey much easier with the help of all the lovely people from this site.
honestly do not have a clue where we would be now!

[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?

UPDATED 05/07/19
25/02/19 Letter offering affordable repayments of £1 per day.
10/04/19 Letter saying I could close my account with a 50% discount.
13/05/19 Letter offering a 60% discount.
07/07/19 Found an email in spam folder informing that this account has now been passed to BPO collections to recover the outstanding balance. They are offering a 40% discount as a one off payment.

UPDATE
12/11/19 You have failed to repay your account, it has now been sent to Lowell Solicitors Limited.
12/11/19 Notice of acting. Lowell Portfolio l Ltd has instructed us to recover the outstanding balance, we are instructed to issue legal proceedings unless you pay £?????
21/11/19 Letter of claim - 30 days to prevent legal Action.....Spoke to Di and she told me to have a nice Christmas and not worry about this one yet

21/01/20 County Court claim form received. Still in talks with Di about what we will do next

UPDATE
30/01/20

Letter received from Lowell Solicitors
Notice Of Claim Issue
We act for Lowell Portfolio 1 Ltd and notice that you have failed to repay your debt or contact us to agree a suitable resolution to this matter.
We have now issued legal proceedings and you will shortly receive a county court claim from ......... Court.

we received the claim last week


01/02/20
SAR sent to Capitalone.



17/02/20
SAR paperwork received from Capital one, it's huge, like a bloody phone book!

Updated 17/02/20

[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?

UPDATED 05/07/19
25/02/19 Letter offering affordable repayments of £1 per day.
10/04/19 Letter saying I could close my account with a 50% discount.
13/05/19 Letter offering a 60% discount.
07/07/19 Found an email in spam folder informing that this account has now been passed to BPO collections to recover the outstanding balance. They are offering a 40% discount as a one off payment.

UPDATE
12/11/19 You have failed to repay your account, it has now been sent to Lowell Solicitors Limited.
12/11/19 Notice of acting. Lowell Portfolio l Ltd has instructed us to recover the outstanding balance, we are instructed to issue legal proceedings unless you pay £?????
21/11/19 Letter of claim - 30 days to prevent legal Action.....Spoke to Di and she told me to have a nice Christmas and not worry about this one yet

21/01/20 County Court claim form received. Still in talks with Di about what we will do next

UPDATE
30/01/20

Letter received from Lowell Solicitors
Notice Of Claim Issue
We act for Lowell Portfolio 1 Ltd and notice that you have failed to repay your debt or contact us to agree a suitable resolution to this matter.
We have now issued legal proceedings and you will shortly receive a county court claim from ......... Court.

we received the claim last week

Today's update

[Never-In-Doubt]

It's fine that it's basic, the principle remains - you're requesting a copy of *everything* held about you.

Remember you only SAR the OC or DCA (or both) not the solicitor outfit.

Do not send payment. It's free now.

[vaper]

Thanks

[Never-In-Doubt]

The new GDPR SAR is here within my post - https://all-about-debt.co.uk/index.p...-sar-gdpr-2018

[Never-In-Doubt]

None. They're out of date. It's the new GDPR one you'd send. I'm in middle of redoing templates.

[vaper]

When sending a SAR which template do I need to use, there are three different ones, typical, advanced and signature
i want to make sure I use the correct one. Thanks.

[vaper]

Are you defending their claim?

Yes!

[Never-In-Doubt]

Good. Good luck.