Caesar UE Diary

[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.

[Caesar]

7. HSBC

• Type of account (credit card)
• Date commenced (2011)
• Approx balance £1.000
• Date last paid (2016)
• Not paying
• Status (default)
• Account owner HSBC (Credit Security acting as DCA)

When I defaulted the cc, I made an arrangement to pay with HSBC for £5 but didn't pay 1st month and they appointed Credit Security to act in their behalf. I mailed to Credit Security to prove the debt but no reply from them.

23 January Credit Security called me 4 times but I didn't answer
09 February received credit agreements, Niddy said all enforceable.
Account returned to HSBC
19.04.2018 Letter from HSBC that my account is being referred to Wescot.
01.05.2018 Wescot called me and I told them that I will communicate with them only by letter. The lady on the phone was surprised and insisted to tell the reason that I don't want phone calls

[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.

Feb. 2018 Sent CCA request to Cabot.
Feb.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.
Aug.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
Sept.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
Sept.2018 Letter of Claim from Mortimer Clarke
Sept.2018 Sent SAR to Aqua and CCA request to Cabot
Oct 2018 received letter from Mortimer Clarke Solicitor that they have requested copies of the original Agreement and other relevant documents. My account has been place on hold until these documents are obtained.
Oct 2018 received SAR from Aqua
April 2019 Letter from Mortimer Clarke Solicitors: Please find attached the following documents: Statement of Account, Reconstituted Copy of Your Agreement, Terms and Conditions from Aqua. Our client is not able to provide a copy of the original credit agreement. Our client position: our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repayment proposals to address the outstanding balance.
May 2019 Replied to the 2nd Letter of Claim
June 2019 Mortimer Clarke Solicitors issued a County court claim
June 2019 Filled the defence

[Caesar]

5. HSBC overdraft

• Type of account (overdraft)
• Date commenced (2011)
• Approx balance £5.000
• Date last paid ( FULL payment - June 2017)
• Not paying
• Status (default)
• Account owner (HSBC)

May 2018 HSBC appointed Moorcroft to deal in their behalf.
Sept 2018 HSBC appointed Wescot to deal in their behalf.
April 2019 Letter from HSBC. They sold this account to Cabot UK Limited

[Caesar]

4. HSBC

• Type of account (personal loan)
• Date commenced (2014)
• Approx balance £10.000
• Date last paid (2016)
• Not paying
• Status (defaulted)
• Account owner HSBC (Fredrickson acting as DCA)

Defaulted at the end of 2016, Moorcroft first and then Wescot but didn't talk to any of them. Now Fredrickson is dealing in HSBC behalf. In one of their letters, Wescot offered me to pay 60% of the debt as F&F settlement but I didn't reply to them.
Recently I called HSBC regarding my overdraft and they were so rude on the phone and urged me to contact DCA that acting in their behalf and if I not start payment they will go to court. The person said: ,,We really don't want to go court but we have to so please contact and start payments.''. What does it mean?

Febr 2018 Sent CCA request to Fredrickson.
Febr 2018 reply from Fredrickson: ,, We write in response to your recent communication regarding your HSBC account and note the content. In regard of your CCA request, we confirm that we are the date processors and not the data controllers of the account and, as such, your request for information has been referred to our client to provide the relevant documentation. With that said, our client does not require a fee to provide any documentation and therefore we are returning your postal order in the sum of £1. We trust this clarifies the position and confirm we will revert to you in due course''

April 2018 new letter from Fredrickson: ,,We have referred the matter to HSBC and having carefully considered all the information available to them, their finding are outlined below:
- HSBC have advised us that they are unable to provide us with a copy of the original agreement
- Therefore, they have requested that we close and return the account''
Nov 2020 received unexpected cheque for £25 to compensate for quality of service receievd from Collections and/or Recoveries which apparently did not meet that standard that we would expect.
Dec 2020 received another cheque for £50 to compensate for quality of service receievd from Collections and/or Recoveries which apparently did not meet that standard that we would expect.

[Caesar]

3. Sunny

• Type of account ( personal loan)
• Date commenced (2016)
• Approx balance £2.500
• Date last paid (not sure)
• Arrangement with them - £15/month
• Status (default)
• Account owner (Sunny)

Actually, it's not only one account. There are 3 accounts: £1.400, £800, £400 and I was paying £5 each per month until January. Financial ombudsman rejected my complaint for first 3 loans which were the biggest ones but upholded the last 2 the lowest one. I didn't sent my approve for that.

I was hoping that FOS will reduce my balance from £2.500 to £1.100, because I've already payed to them £1.400, but didn't happen.

Oct 2020 the Joint Administrators have decided to write off the balance of my loan(s) in full.

[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.

Feb 2018 Sent CCA request to Asset Collections
Feb 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?
May 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.
May.2018 Asset Collections and Investigations Limited sent me a Letter of Claim.
May 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.
June.2018 Sent SAR request to original credito (Avant) but no reply so far. They just ignore me.
Sept 2018 Received SAR from Avant Credit served by email
Oct 2018 Email from Asset Collections: ,,I am writing to confirm that we have received notification of your dispute relating to Avant Credit''. They've attached: Avant Credit anual statement, Consumer credit agreement - I can't open it, FCA Arrears Information and Notice of Assignment from Avant Credit to Asset Collections - That was served by new owner, Asset Collections.
April 2019. Email, phone call and text message from Asset Collections. They are offering me 25% reduction on the balance to settle. Ignored them.
June 2019 Asset Collections instructed a third party legal company - TM Legal Services - to deal on their behalf.
July 2019 TM Legal Services sent a new Letter of Claim
July 2019 Replied to LoC saying I dispute the debt.
Oct 2020 Asset Collections sold the debt to Perch Capital Limited.