Caesar UE Diary

[Spud]

With regard to the Credit check / CCJ / Work thing.... I have had a quick read through your diary but can see no previous mention of this ( Unless I have missed it ) so i'm not sure quite why the issue has been raised unless from prior knowledge etc

If that is a consideration then its always worth knowing.......My take ( for what it is worth) is that whilst we have a member who is just at the start of this.....Is a little overwhelmed by it all ( Believe me we have all been there - There is no shame in that ) and caught up in the whirlwind of emotions at the minute that are giving them some worry and stress.......That going off down the potential doom and gloom route could be a little bit counterproductive to be fair.......This is about getting people back in control with support and knowledge

What I would say is there is a very long distance between the idea of going to court and a CCJ......With many steps along the way to arrange affordable repayment plans so that it would never get to that stage.......I'd not be worrying about things like that just yet.......A million miles away

Just my Two pence worth

[Spud]

The HSBC loan for 10K seems to be the most pressing account for me at the minute so lets start there.

What contact have you had from Fredricksons ref this account? What does the letter say ( assuming you have received a letter)

Also apart from a telephone call to HSBC that you mention, have you sent any letters to any of the people chasing this debt?

Depending on your answers will determine how we proceed with this......I'm thinking sending a sold in dispute letter to at least show that you are making contact and keep you from the top of the "chase pile" for now to buy you some time ( If this has not already been done ) and then likely follow up with CCA request

I appreciate that this has been mentioned before but from now on I would strictly advise against talking to anybody over the telephone or otherwise. This needs to be kept to letters only as otherwise it is likely you will undo any good work you are building here.

The hardest step is past you ( Joining AAD and posting up your situation ) from now on in we take baby steps every day to get you back in control and get on top of this for you.......It always starts with the first step

[Roger]

Thank you for reply Warwick65.
Sorry I made a confusion, I edited the post. It was first Moorcroft dealing in behalf of HSBC, after that Wescot, and now it's Fredrickson. HSBC is still the owner of the debt.
I have to check my employment contract, but I believe it won't be a good situation for me to have a CCJ. The question is, if I get a CCJ or close to that, is there any chance that my employer to find out? Can I still make a payment plan or f&f settlement if I will be in this unpleasant situation?
Regarding accommodation I am safe, my landlord it's ok if he receives the money on time.

That's a very negative mindset to raise CCJ's and employment issues.

You have started well lets deal with one step at a time
Look especially at Spud and Cymruambybth positive entries.
I would think it likely that you already have Credit Reference Entries anyway. These will be there for 6 years.
If you look at others Diaries you will see entries where the CCA was Enforcible and yet these reached the six years Statute Bar!

[Caesar]

Thank you for reply Warwick65.

Sorry I made a confusion, I edited the post. It was first Moorcroft dealing in behalf of HSBC, after that Wescot, and now it's Fredrickson. HSBC is still the owner of the debt.

I have to check my employment contract, but I believe it won't be a good situation for me to have a CCJ. The question is, if I get a CCJ or close to that, is there any chance that my employer to find out? Can I still make a payment plan or f&f settlement if I will be in this unpleasant situation?

Regarding accommodation I am safe, my landlord it's ok if he receives the money on time.

[Warwick65]

Caesar
Could you just clarify a couple of points for me

I think they are on the HSBC products- in one you said Cabot were involved but you talk about owners being DCA's - who are their clients i.e are they collecting on behalf of HSBC or someone else?

[Warwick65]

Hi Caesar - I am so glad you have taken the plunge and signed up here

As you will know I am not recommending it but I do think it might be worth investigating your contract of employment and see if it involves a credit check etc. Something else to think about is where you live, if it is privately rented not all landlords are willing to have people with CCJ's or other formal debt arrangements

Now you know where we are people are here to help and as this forum is slightly smaller there is less chance of posts getting missed

[Caesar]

Spud and Cymruambybth, thank you both for help.

Because your debts appear to fairly recent ( As in taken out) they are more unlikely to be Unenforceable per se.......However there are many aspects to this line of thought where they might fall down in being able to enforce etc

Have a bit of a think and post back up.......We will most certainly be able to help you get this into a better pespective........You have made a good start already

Even my debts might be enforceable, still here I can find other help, like how to deal with creditors or other important things that I miss. For example, on other forum, the only advice was to reduce my spending and pay more to banks. One person said it's too much £250 per month for food, because she and her husband spend only £150 per month. You can' afford to live, because you are in debt.

In this moment I need to learn what is patience and not take decision when you are upset or stressed. So if you have any idea how to deal first with Asset Link and Link Financial, and then HSBC is more than welcome. Avant Credit offered me to settle the account for 30% before to sell it. Is this a sign that something is not good for them, or it is a normal practice to lenders?

[cymruambyth]

They don’t go straight to court because they often don’t have all the paperwork! Before they go to court they have to prove that they have done everything that they should have done, plus it costs money to go to court and often debtors who can’t pay the debt can’t pay the the costs. Courts have been known to make repayment orders for as little as £1. The original lenders sell debts to DCAs as a tax offset.

Dont talk to anyone on the phone. You always want a paper trail.

[Spud]

I have one novice question. If it's that easy for banks or dca to prove the debts, why they don't just go straight to court and get the money back? Why they have to wait almost 6 years?

You have kind of answered your own question by asking it........In many cases they cannot "prove" or satisfy their legal stance - particularly with older accounts that may have been sold on several times etc. There are also some glaring mistakes with Banking paperwork which mean that they have not done things properly from the start.....Which means that they cannot then rely upon it at court etc.

Each case is unique and it comes down to the fine detail every time

With regard to waiting nearly 6 years......I think I know what you mean.....Basically going to court costs money so it is a last resort usually. They would rather attempt to Bully ( Sorry my mistake, I meant persuade) you to pay by farming the account to a debt collection agency which is free for them in exchange for a percentage collection. If that doesn't work then each bank will make a commercial decision whether to actually go to court or not based upon what evidence they have in front of them. If the paperwork is incomplete......Then they may not risk it etc

[Caesar]

Hi Spud, thank you for your nice words. It means a lot for me. I am not scared anymore and I am here to find out the best solution for my situation. After one full day of reading this forum I am happy with what I've discovered here. I like the way of thinking here and I want to go UE road but not sure if applicable in my situation.

In this moment I am looking to find out solutions even that may sound a little be more drastic but can get me back on track. I had two awful years, so now it's time to change what I've done wrong and have a new approach. When I started a self managed plan with all my creditors I used to talk hours by phone to explain the situation and still some of them were rude to me threatened me just to intimidate. Now I have more confidence and feel that in future things will change in my favor.

Pleasant or not, please feel free to give me any advice because I want to know where to start.

I have one novice question. If it's that easy for banks or dca to prove the debts, why they don't just go straight to court and get the money back? Why they have to wait almost 6 years?

[Spud]

Hi Caesar... and welcome to the forum

There are aspects of your introduction that sound all too familiar to me....and no doubt other members too.......It starts as it always does.......

I'm glad that you were reccomended to come to AAD......That's a smart move... We're a good bunch of like minded people and there is no judgement here on AAD, Just help and support

I can see that you have put a lot of work into typing all that out so full credit to you for laying it out in an orderly fashion. That will no doubt stand you in good stead.

So my next question is really........What do you want to achieve? Is it to get these debts to a managable payment level or look at solutions that may be a bit more drastic but will get you back on track?

The biggest and most striking thing to me is to reassure you that there is no need to feel scared or threatened. You are not a criminal.......You are a victim of circumstances and those circumstances can be changed to the better. A big part of AAD is the support and help that will get you back in control of your life and allow you to get the power back........I speak from personal experience

Initially one of the best bits of advice I can give you is not to talk to any creditors over the phone......It all ideally needs to be done in writing.

Because your debts appear to fairly recent ( As in taken out) they are more unlikely to be Unenforceable per se.......However there are many aspects to this line of thought where they might fall down in being able to enforce etc

Have a bit of a think and post back up.......We will most certainly be able to help you get this into a better pespective........You have made a good start already

[Caesar]

Quite a few pay day loans with original lenders where I have self managed payment plan with them. Is it worth it to send them CCA request? Or just to pay what I can afford and after that to make an offer for f&f settlement?

11. Cashasap payday loan

• Type of account (payday loan)
• Date commenced (2016)
• Approx balance £250
• Date last paid (2016)
• Arrangement: not paying
• Status: have no idea
• Account owner Cashasap

[Caesar]

10. Vanquis

• Type of account (Vanquis credit card)
• Date commenced (2016)
• Approx balance £350
• Date last paid (2016)
• Arrangement for £1 per month
• Status (default)
• Account owner (Arrow Global)

May 2020 my account was assigned Arrow Global and managed by NCO Resolve.

[Caesar]

9. Payday UK

• Type of account (payday loan)
• Date commenced (2016)
• Approx balance £200
• Date last paid (2016)
• Not paying
• Status (default)
• Account owner (PRAC Financial Limited)

Payday UK sold the debt to Prac and I had a payment plan with them for £5 until I complained to fos. The balance was reduced from £600 to £200 and still with PRAC. No contact from them so far.

[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 (new owner Perch Capital)

June 2018 Email from Uncle Buck that they have assigned my account to Asset Collections and Investigations.
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?
Sept 2018 Letter of Assignment from Asset sent again
Sept 2018 Letter of Claim from TM Legal Services regarding this debt
Oct 2018 CCA request to Asset Collections
Oct 2018 GDPR (SAR) request to original creditor Uncle Buck
Oct 2018 Received email from TM Legal Services my requested credit agreement
Oct 2018 GDPR (SAR) received from Uncle Buck but no Default Notice or Assignment Letter on it.
Oct 2018 replied to Letter of Claim and denied the debts. I have requested the Default Notice
Oct 2018. Email from TM Legal :,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck''
March 2019 a new Letter of Claim from TM Legal Services
March 2019. Replied to LoC and requested one more time Notice of Default. Email from TM Legal :,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck''
Sept 2019. Email from TM Legal Services: Asset Collections sold my account to Perch Capital Limited. Perch Capital appointed ACI and ACI have instructed TM Legal to continue to manage my account.
January 2020 Default notice (served by email) issued by TMLS on behalf of ACI who is acting for Perch Capital, the legal owner of the debt.
March 2020 County Court Claim issued by Perch Capital
March 2020 I submitted the defense and made s77 and cpr34.14 request
May 2020 I filled in the Directions Questionnaire. I said yes for mediation, but Perch Capital refused it and wanted to proceed with the claim.