Caesar UE Diary

[Roger]

Following on from Warwick.
1/ I presume you have downloaded their document. Don't delete the email or the original Word Document.
2/ Start by making a working copy of the document.
From that working copy Create a Extract document (for yourself) by copying pages from the copy at 2/ above into your Extract document.

3/ Look for a LOG file entry of activity with dates!
You should find a record of the current owners request for information! There should be a record of this worts and all.

4/ Look at the very start of Agreement for information and comments! It may not have been set up properly!

5/ See if you can separate the day to day normal running (before problems arose). You normally get loads of statements for instance.

As Warwick points out you are especially interested in that period when the relationship turned sour. Default Notices, Documents with Consumer Credit references or sections. Termination notices. Where CCA Terms were changed for instance.
Check for PPI
Check for Fees (are these correct against the CCA Terms! )
Check for Assignment and to whom!
Check for Notices of Arrears.
Check for Adjustments to the Account figures!

Look for later correspondence between Current Owner and whether Reconstituted Documents have been created!

If they have NOT sent copies of these key documents THEN the current owners can't have copies!

Take your time and work methodically through and copy extracting into your Extract file.

[Warwick65]

Finally I've received SAR from Avant Credit. This was served by email, a World file with 370 pages, half of them their emails to me and some notes and half of pages is my credit report at that time. Can someone advise me if it's normal to receive word file and not letter? And what should it be important in SAR?

I received your email - please remember we all have other things , today was the first day of term for me and as such manic - only just got home.

GDPR is all very new and while in the old days of SARs things had to be done by post so you would have received print outs. Now I believe email is acceptable but I stand to be corrected . As such I would think, so long as the info contains all the info you asked for I do not see a problem with a word doc although personally I would have preferred a PDF - largely because they are more difficult (although not impossible) to change.

Things you are looking for might include dates and details of default notices, termination notices and assignments. Do these match up with the documents the current owners might have sent you.

As an example, on a SAR I sent the date of assignment was different to the date on the notice of assignment, additionally it didn't say to whom it had been sold thus raising doubts as to the validity

Hope that helps

[Caesar]

2. Avant credit

• Type of account ( personal loan)
• Date commenced (2016)
• Approx balance £4.000
• Date last paid (last full payment May 2016, but I have payed small amount on payment plan until 2017)
• Not paying
• Status (default)
• Account owner (Asset Collections and Investigations Limited)

Avant credit sold my account to Asset Collections and Investigations Limited in summer of 2017. Asset Collection sent me 3 letter and a few mails and told them I am disputing the account with Avant Credit. I complained them to FOS for irresponsible lending but was rejected. Before selling the account to Asset, Avant offered me to settle the account to 30% of the amount but unfortunately I did't have that money to pay.

02.02.2018 Sent CCA request to Asset Collections
06.02.2018 Email from Asset Collections, Notice of Sum in Arrears and they added that £1 for CCA request as a payment to them and deducted from my balance. Why is that? Is it correct?
08.02,2018 Received letter from Asset Collections and Investigations Limited: ,,please find enclosed copy of your Consumers Credit Agreement, Statement of Accounts and Notice of Default as requested. Please call us within 24 hours of receiving this letter''
Niddy has said it's enforceable.
02.05.2018 Asset Collections and Investigations Limited sent me a Letter of Claim.
29.05.2018 Replied to Letter of Claim. I haven't acknowledged the debt and told them I am disputing it. After that, Asset Collection sent me one more time the same documents sent after CCA request, and nothing more. The documents included a copy of agreement but not the documents that I requested on my reply to LoC.
02.06.2018 Sent SAR request to original credito (Avant) but no reply so far. They just ignore me.

Finally I've received SAR from Avant Credit. This was served by email, a World file with 370 pages, half of them their emails to me and some notes and half of pages is my credit report at that time. Can someone advise me if it's normal to receive word file and not letter? And what should it be important in SAR?

[Caesar]

11. Uncle Buck payday loan

• Type of account (payday loan)
• Date commenced (2016)
• Approx balance £500
• Date last paid (2016)
• Arrangement: not paying
• Status (default)
• Account owner (Asset Collections and Investigations)

15.06.2018 Email from Uncle Buck that they have assigned my account to Asset Collections and Investigations. Now I have 2 accounts with Asset.
I had a payment plan with Uncle Buck which I stopped it when I complained to FOS. My complaint was rejected but I haven't restarted the payment?
10.09.2018 Letter of Assignment from Asset sent again

Last email from Asset Collections: ,,We have been trying to contact you to discuss your account but have had no response to date. Our goal is to resolve this matter with you, however if we do not hear from you we will have little option but to refer this matter, which may result in commencing legal proceedings against you.
This would result in a claim being registered with HM Courts and Tribunals Service (England & Wales), Northern Ireland Courts and Tribunal Service (Northern Ireland) or Sheriff Court (Scotland) with a view to gaining a County Court Judgment (England & Wales) or Decree (Northern Ireland & Scotland) against you.
Please note; in the event of a claim being registered, we are legally entitled to add costs to the outstanding balance.
However, even at this late stage you can prevent this by contacting our Customer Care Team who are trained to understand your personal circumstances and to establish an affordable repayment plan where appropriate. Also, subject to affordability we are open to consider all reasonable offers of settlement.''


Is it early to sent CCA request to Asset and SAR request to original creditor (Uncle Buck)? Is there any specific that I should do with SAR request to avoid rejection like Aqua did recently? (They said the letter is invalid and they are unable to to deal with SAR request. And they require my signature to be clearly stated within the correspondence) Should I put my signature on SAR request?

[Caesar]

6. Aqua

• Type of account (credit card)
• Date commenced ( Apr 2016)
• Approx balance £500
• Date last paid (July 2016)
• Not paying
• Status (default)
• Account owner (Cabot)

Aqua sold my account to Cabot in 2017. They sent me a lot of letters and phone calls. Answered once and told them I am disputing the account with Aqua and no other contact with them. Last letter they sent me an I&E form in order to start a payment plan with them.

02.02.2018 Sent CCA request to Cabot.
15.02.2018 Received reply form Cabot. They don't have this information on file. They won't be able to provide the information requested in 12 days but they hope to do this in 40 days.
10.08.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
07.09.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
12.09.2018 Letter of Claim from Mortimer Clarke
13.09.2018 Sent SAR to Aqua and CCA request to Cabot

Received reply from Aqua. They said the letter is invalid and they are unable to to deal with SAR request. And they require my signature to be clearly stated within the correspondence.

Why is that? I typed my name on the letter.

[Roger]

I would keep quiet! With both Link and Barclaycard.
Barclaycard's letter is an admission by them of accounting errors. You have no record of a Default Notice.
My understanding is that only very minimal information is supplied on the Assignment of these Debts.

As you know, from Barclaycard, LINK will get a letter/payment at some point from Barclaycard reference the Fees and interest. LINK will then know there are possible issues over this Debt.

So let your knowledge here guide you! I wouldn't have any communication with LINK in this CASE. Silence is golden here!

[Caesar]

Still Waving I haven't sent any CCA request yet. I wanted to keep quiet. Link didn't push me so far and sent me only inoffensive letters.

[Still Waving]

If you haven't acknowledged that debt in any way since December 2016, I would be wary of contacting them and thus acknowledging the debt now, as you could be resetting the SB clock to zero!

What is the current status of this account? Is there a CCA74 request outstanding?

[Caesar]

Thank you Roger and Warwick65

The amount is quite small, around £80, and this means refund for interest and and default fees, which were applied to my account during the period in which they may not have provided the service that they should have. Meantime, I've just received letter from Link with the new balance and they encouraged me to call and start a payment plan.

In one paragraph, Barclaycard said if I contact them on their helpline number, they may offer a payment for any distress and inconvenience. But only on my request I can receive compensation. Funny, right? Should I call them?

Roger I don't remember receiving any Default Notice from Barclaycard. They sold the account very fast. I agreed for a £10 payment per month and after one week they sold the account to Link. In that moment I was so scared and had no idea what will happen next.

When I applied for this credit card online, they approved me £1.500 limit. When I received the card, the limit was £3.500. So I withdraw £1.000 cash straight away to pay Wonga because in that period I was caught in a debt spiral. Take from one to pay another. Can I use this in my favor in future, or it doesn't matter?

[Warwick65]

I suspect any balance reduction with link maybe via a buy back of some of the debt.

Roughly how much are they offering?
I do wonder if accepting the first offer is the right thing to do.

What is it they are refunding, penalty charges interest?

Maybe you could try to get them to refund all charges and interest leaving only what you spent-anything you have repaid.

[Roger]

Well this creates more questions than answers.
Let me explain.

It seems that Barclays are admitting that the True Debt was wrong!

Barclaycard issued a Default Notice (I presume) prior to closing and selling the Debt to Link (for pennies in the pound!)
Now are we to understand from their letter that the Default Notice (and any arrears notices ) were wrongly stated as to the debt?
It seems this IS the Case because they want to reduce the FACE value of the Debt with Link! That is send this money to Link!
Probably giving more money to Link than Link paid for the Debt!

If the Default Notice was wrong then the Debt as was sold was wrong etc. etc.

I should keep that letter very very safe!

[Caesar]

1. Barclaycard - credit card

• Type of account (credit card)
• Date commenced (2015)
• Approx balance £4.000
• Date last paid (not sure, sometime in 2016, have to check)
• Not paying
• Status (default)
• Account owner (Link Financial)

November 2016 defaulted, called Barclaycard and agreed to make a £10 pay to the account starting from December 2016 but they sold the account to Link Financial. They sent me letter, mails and called me but no reply from me because I was scared. I sent them an email 2 month ago telling them that I am disputing the account with Barclaycard but no reply from them. Last letter receive from them was at the end of December 2017, Statement of Account and urged me to contact them to arrange a payment plan.

I've received a letter from Barclaycard that I will receive a refund. They have realized that they did not meet expected standards for assessing customers circumstances and they might not offered me the support for my financial situation.
They will not look further into my account and provide further deserved redress unless I contact them.
As my account has been transferred to Link Financial they have asked them to reduce my balance with them.

This explains why Link started to call me again last week. Btw, when I complained Barclaycard for irresponsible lending, they didn't bother to reply back and now they come with this.

Is this a trick from them to bond me with Link Financial? Can anyone give me an idea regarding this?

[Joanna Connolly Solicitors]

The only problem with asking for everything is that if they issue a claim they will already have all the information needed. If you don't request all documents, they may not be able to supply them within the legal time frames.

I think Warwick's post referred to sending a SAR to the original creditor (Aqua) not the current owner (Cabot).

The idea being to see what information and documents may/may not be held by the original creditor to cross check for accuracy if the debt purchaser produces a recon etc., or to see the absence of documents.

Cabot would not necessarily have access to that information held by Aqua depending on the conditions in a sale agreement.

Di

[cymruambyth]

Hi
Have you sent a SAR /GDPR request to Aqua. If not do that tomorrow. Ask them to include all statements, DN, NOA, agreement etc. It may be the interest rate on your first statement is different to the 'agreement'

Then in a couple of weeks I would fillout the form denying the debt and asking MC for
The agreement
The Default notice
The Notice of assignment
The Deed of assignment

I would also send a fresh cca request to Cabot and copy MC in

But for these wait for 2 or 3 weeks.

That is what I would do

The only problem with asking for everything is that if they issue a claim they will already have all the information needed. If you don't request all documents, they may not be able to supply them within the legal time frames.

[Caesar]

Thanks for reply Warwick65

UB have sent me only emails: ,,Further Notice of Sums in Arrears IMPORTANT - YOU SHOULD READ THIS CAREFULLY Served under section 86B of the Consumer Credit Act 1974'' and ,,Debt Purchase Transfer'' while Asset Collection is keep send me emails, messages, 2-3 letters at the beginning and now they started with phone calls.