Chris335 UE Diary

[chris335f]

I found the aad forum in November 2017 and have found the information and advice here very helpful. I am currently in negotiations with my creditors and have decided to take the unenforceability route.

About my situation; I was made redundant in 1990 and consequently went self-employed. Within a year or two things were going well and I ended up working freelance for a total of 17 years. Everything was fine until I lost two of my main clients at the same time. I began to use credit cards to get by and keep the business going. The borrowing limits on my cards were very high and things had got out of hand. I then found employment, but the wage was a lot less and I couldn't afford to pay the minimum payments. I struggled to make ends meet until 2010, then I sought financial advice. I started on a DMP plan and have been paying reduced payments ever since. In 2012 I was made redundant again and was out of work for 7 months, but I somehow continued to pay the DMP. October 2017, my DMP was up for yearly review. Realising my reduced payments will go on for years, I looked into an alternative solution. I stopped the DMP in November 2017 and have begun negotiations to try and partially settle the debts. The DCA's or creditors have not been very cooperative, so here I am beginning my UE Diary.

Key

sent
received
other information

[chris335f]

BARCLAYCARD
Credit Card
Date Commenced:19/11/1984
Balance £7,845
Date Last Full Payment: April 2010
Status: Default issued -31/05/2012
Account Owner: Link Financial Outsourcing Ltd.

29/01/18: CCA Request sent
20/02/18: Update - Have not yet received a reply to the CCA request from Link Financial (Barclaycard)
19/04/18: Letter received asking why I have stopped making payments, stating they have cancelled the repayment plan. They stated they are still committed to recovering the debt by negotiation but will pursue me through my local county court if I fail to respond.
26/06/18: Letter received from Link Financial stating that they have now sold the debt onto IDR Finance. Looks like a standard template letter requesting that I talk to them about repaying the debt. I have still had no reply regarding the CCA request sent 29/01/18. Letter Ignored and filed away.

[chris335f]

BARCLAYCARD MASTERCARD
Credit Card
Date Commenced:23/11/1990
Balance £5,906
Date Last Full Payment: April 2010
Status: Default issued - 31/05/2012. Default has now been removed from credit report as from 31/06/18.
Account Owner: Link Financial Outsourcing Ltd. (Sold on to IDR Finance).

29/01/18: CCA Request sent

20/02/18: Update - Have not yet received a reply to the CCA request from Link Financial (Barclaycard)

19/04/18: Letter received asking why I have stopped making payments, stating they have cancelled the repayment plan. They stated they are still committed to recovering the debt by negotiation but will pursue me through my local county court if I fail to respond.

26/06/18: Letter received from Link Financial stating that they have now sold the debt onto IDR Finance. Looks like a standard template letter requesting that I talk to them about repaying the debt. I have still had no reply regarding the CCA request sent 29/01/18.
Letter ignored and filed away.

22/08/18: Update: Received a letter from Link Financial stating that 'We have not written to you for some time as we have had to locate your address.
The Letter has been ignored and filed away.

25/08/18: Update: Received a letter from Link Financial stating that 'they have had to locate my address' We would like you to contact us to confirm my intentions regarding the outstanding balance on your account.

17/09/18: Update: Received a letter from Link Financial stating: We would like to organise a time to talk to you. It is important that we understand your current financial circumstances so that we can help you to agree an affordable repayment plan. Still no reply or acknowledgement of the CCA request.
The Letter has been ignored and filed away.

10/10/18: Update: Received a letter from Link Financial stating: Whilst you may not be in the position to pay in full right now. I am sure you would like to see the amount reducing that's why I created a proposal for you. Spread the payments over 4 years, simply make 45 payments of £XXX.XX per month and I will clear the remaining 10% balance. Still no reply or acknowledgement of the CCA request.
The Letter has been ignored and filed away.

[chris335f]

CAPITAL ONE
Credit Card
Date Commenced: 15th March 2001
Balance £4201.46
Date Last Full Payment: April 2010
Status: Default issued - 21/04/2010
Account Owner: Fredrickson International Ltd.

29/01/18: CCA Request sent

01/02/18: Received a reply from Fredrickson, CAA request has been referred to Capital One to provide relevant documentation. Fredrickson will revert in due course.

16/02/18: Received a reply from Capital One, who has supplied a reconstituted copy of the original agreement. Stating that they have complied with the obligation under S78.

22/02/18: Credit agreement is enforceable



22/02/18: Received letter from Capital One, debt is no longer being managed by Fredrickson. Request to make payments directly to Capital One.

25/05/18: Received letter from Capital One in the form of a statement of account as from the date I stopped paying my DMP 25th November 2017. Closing balance £4201.46

The letter received has been filed away, I will wait to see the content of the next letter. I'm wondering if they will threaten action to retrieve the outstanding debt as it is enforceable.

[chris335f]

MINT
Credit Card
Date Commenced: Unknown
Balance £5,056.14
Date Last Full Payment: April 2010
Status: Arrears
Account Owner: Wescot Credit Services Ltd - Resolvecall now acting on behalf of Cabot Financial Europe Ltd.

29/01/18: CCA Request Sent

05/02/18: Received a reply from Wescot, CCA request has been returned with the postal order. They have told me to send the CAA request directly to Cabot Financial Europe Ltd.

06/02/18: CCA request sent to Cabot Financial Europe Ltd. with a copy of the letter from Wescot and £1 postal order made payable to Cabot.

06/02/18: I found a letter received from Mint (Royal Bank of Scotland) dated 18th August 2017 which states; 'On 3rd July 2017, your account was assigned to Cabot Financial (UK) Ltd. who are now the legal owners of the debt'. 'Wescot Credit Services will continue to manage your account on behalf of Cabot Financial (UK) Ltd. and deal directly with your authorised 3rd party'.

14/02/2018: Received a reply from Cabot Financial stating that they do not have the information on file. They have requested the relevant details from Mint. They have acknowledged the 12-day time limit to provide the information. Cabot has requested the details from the original lender and anticipate they will not be able to provide this within 12 days, but hope that within 40 days they would have received the information to comply with the CCA request.

Update 26/03/18: 40 days have now passed with no communication from Cabot Financial.

22/03/18: Received a letter from Cabot Financial regarding the CCA request stating - 'Unfortunately we have not been able to provide you with the requested information within the relevant time period' 'Your credit agreement is currently unenforceable which means we are not permitted to obtain a decree or judgement against you in court' 'However you balance remains outstanding and due.



29/03/2018: Received a letter from Cabot Financial stating 'Welcome back to Cabot. Your account was being managed by an agent of ours; we have decided we would like to work with you directly and have asked them to return it to us'
This letter has been ignored and filed away.

19/04/2018: Received a letter from Cabot Financial stating 'Welcome back to Cabot. Your account has been returned to us and we're still waiting to hear from you'.
This letter has been ignored and filed away.

21/05/2018: Received a letter from Cabot Financial stating 'your balance of £5,056.14 is waiting to be paid'
This letter has been ignored and filed away.

08/06/18: Received a letter from Cabot stating that I need to make a new plan of payment.
This letter has been ignored and filed away.

25/06/18: Received the same letter again from Cabot stating that I need to make a new plan of payment.
This letter has also been ignored and filed away.

20/07/18: Received a letter from Cabot Financial stating: Save £50 when you update your budget.
This letter has also been ignored and filed away.

01/09/18: Received a letter from Cabot stating: We are part of The Cabot Credit Management Group that own your MINT Mastercard Classic - Credit Card. We have recently confirmed you are living at the above address...
This letter has been ignored and filed away.

18/09/18: Received a letter from Cabot stating: We would like to hear from you. We have recently confirmed that you live at the above address. We do this through a variety of checks, so we're confident that we have the correct address for you. We need to talk to you to arrange a repayment plan...
They are still avoiding that they couldn't meet the CCA request. This letter has been ignored and filed away.

06/12/18
Letter received from Resolvecall. 'We are acting on behalf of Cabot Financial (Europe) LTD who have purchased this account from RBS Wescot GS SecondaryPurcha. This letter has been ignored and filed away.

[chris335f]

SANTANDER (ALLIANCE & LEICESTER)


Personal Loan (Unsecured)
Date Commenced:8th August 2006
Term: 60 Months
Balance £2,954.71
Date Last Full Payment: April 2010
Date last reduced DMP payment November 2017.
Status: Arrears
Account Owner: Santander Collections & Recoveries - Debt now with Wescot Credit Services Ltd.

29/01/18: CCA Request sent

08/02/2018: Received a reply from Santander with a copy of the executed loan agreement and T&C's as requested. They have stated that they have complied with the CCA request by sending a copy of an agreement in the same form as the one that was signed, but excluding the signature box, customer signature and the date of signature.

22/02/18: Credit agreement is enforceable.



29/04/2018: Letter received from Santander - Notice of sums of arrears. Please contact us as soon as possible to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing' Not communicating and have filed the letter away.

29/11/2018: Received a letter from Wescot Credit Services 'Important Notice of Debt Collection'. contact within 10 days to discuss repayment arrangements.

09/12/2018: Received a letter from Wescot Credit Services in a nice red colour 'Our enquiries have indicated you are a resident at the address above but we have not agreed a solution for this account with you' Letter has been filed away.

[Spud]

Welcome to the forum Chris

You have put a lot of effort into typing all that out.......Very neat and organised.......puts me to shame that does

You are in the right place for following the U/E route........We do have a particular talent for it here on AAD

I like the look of those Barclaycard accounts........Especially given their age I'm hoping for a good result with those for you.....

You have sent off the CCA requests I see.......Fantastic start - Let us know when you get anything back

Just one quick point, Have you stopped making payments on these accounts? I am guessing the November DMP payment was your last payment to all accounts? Just to clarify......

It seems like you have got things in order with this.......Good start

[MisterK]

Welcome Chris. I will be very surprised indeed if the 1990 Barclaycard is not UE but Niddy will be able to confirm it for you when you've heard back from them. The 1984 Barclaycard could be a problem as it predates 19 May 1985. Before that date the creditor need only supply current terms as a response to a CCA request. I would check whether you've signed an upgrade agreement since 1984. You mention that you had very high credit limits so it seems likely it was upgraded to a Gold card perhaps around 1997. If you can't remember whether it was upgraded then an SAR will tell you. If it was upgraded in 1997 or thereabouts then it is very likely to be UE owing to the date of the upgrade - the upgrade agreement will supercede the original 1984 agreement. But even if it wasn't there is still a lot to play for.

Also don't assume that if they reply to your CCA request re the 1984 card stating they need only supply current terms as it is prior to 1985 then that's the end of it. It certainly will not be. They will send you that reply even if it was upgraded because they won't have bothered to check their records at this early stage. I would not challenge them at that point. I would leave it for a bit - then if you need to find out from them whether it had been upgraded since 1984 send a SAR later on, that will tell you.

If your other agreements are also from the nineties then I don't think you have too much to worry about. I doubt they'll be as old as your 1984 Barclaycard.

As Spud said, good start, looking good.

[chris335f]

Thanks for the reply Spud,

Yes indeed, my last payments to my creditors were in November 2017

[chris335f]

Hi Mister K,

Thanks for your reply and info.

Yes, the original Barclaycard must have been upgraded to a Barclaycard Gold card. Hope that is a good thing. I couldn't find the start dates of the other debts, I have a feeling they were all before 2007 though.

[MisterK]

Chris, it is very likely to be a good thing as the upgrade to a Gold card at that time was one that you had to apply and sign for as a new agreement. Simply issuing a new card with a change of name like Gold to Platinum would not cut the mustard in this respect, it has to have been a new agreement. You will at some point need to know whether this is what happened but there is no urgency. If they reply to a CCA request involving a 1997 upgrade agreement as though it were still the original 1984 agreement then they have not sent a compliant response. You don't need to inform them of that and it would probably be best not to. The SAR will in due course tell all.

[Roger]

BARCLAYCARD
Credit Card
Date Commenced: 19/11/1984
Balance £7,845
Date Last Full Payment: April 2010
Status: Default issued - 31/05/2012
Account Owner: Link Financial Outsourcing Ltd.

CCA Request sent: 29/01/18

Ok mine was a Access Card not a Barclaycard
But I think you should look at Niddy's comments in my diary https://www.all-about-debt.co.uk/for...90#post1308890
Satisfying S.78 in this case is one thing but not CPR.
With the size of this debt I think you should send CCA's to Niddy with a link to your Diary treat this just like any other CCA submitted for his review.
Now back to Link (rapidly becoming for me the lowest beetle in the dung heap) Please look carefully at their Assignment and identify the Credit Owner (it won't be Link Financial Outsourcing Ltd) .
I suspect that MERCERS were used by Barclaycard after April 2010 and the Default Notice came from them? Perhaps you could confirm this.
I think that sending a SAR to Barclaycard now might be prudent cost £10 it will also be useful especially because you have two Barclaycard Debts.

[The Tech Clerk]

Access was a British and Irish credit card brand used by three of the big four UK banks plus a couple of other banks between 1972 and 1996. It was established by a consortium of banks in the UK to rival the already-established Barclaycard. It became defunct in 1996 when it was taken over by MasterCard.

[Roger]

Hi Tech Clerk.
In my case HSBC replied to a S.78 with current terms (sic as mentioned by MisterK) because they argued (without any evidence) that the ACCESS had been converted into a Midland CC prior to 1985.
Niddy's point is relevant
"..s.78 was brought into force on 19.5.1985. Schedule 3 states that "s.78 applies to an agreement made before 19.5.1985 where the agreement would have been regulated agreement if made on that day". Under regulation 9 of the copy documents regulations, it specifies that in the case of an agreement made before 19.5.1985 it is sufficient to supply a copy of the current terms which thus acts as a true copy. Obviously only for s.78, not for court (CPR applies). .."
By sending for SAR chris335 will know what is or isn't available to Link! on both his Barclaycard Debts.

[The Tech Clerk]

Midland issued two cards per account one x Mastercard and 1 x visa card still have copies of my original Midland Bank cards/HSBC . & actual cards