Bluemonday 3 Unenforceability Diary

[Roger]

I am still pursuing Birmingham Midshires as a further conversation with National debtline has advised me to do so, but I am trying to seek legal advice to be sure.
I now have Link financial chasing me as they have taken over the Lloyds debt ( I will update the diary properly over the weekend) Do I ignore Link Financial or send them a CCA. It is approx 4 years now since I made any payments and I am being paranoid that as BM are part of the Lloyds group they are pursuing me because of my beef with them ! I am a tad confused these days as my health is having a wobble and I am under a lot of personal pressure that I am afraid I do not retain very much information at the moment due to overload so I don't want to mess this up. If I send Link a CCA is this classed as contact ? I don't know what to do for the best. Any advice as always is very much appreciated.

The first consideration is your Health!
You should seek medical advice!

Just make a note of these letters and the date you recieved them!
The thinking now is actually to not make a request for CCA (plus £1) tactics come into the picture!
Refer the letters back on here with AAD

In the meantime look after your Health!

[Still Waving]

Hi

First of all, it's very unlikely that Link are chasing you for the reason you suppose. Second, the AAD template for making a CCA74 request is worded so as not to be construed as acknowledging a debt. When you have given us an idea of the content of Link's letter, the forum will be better able to suggest how to deal with it. Above all, don't let this worry you or affect your health.

[Pat]

Did you ever send a cya request for this account? Sorry there are too many pages to read back.

If you did , was the response compliant.

If no, at the moment if it were me I would not send anything as they are in default.

If you are struggling with your health, please talk to your GP or someone at the surgery, I am thinking about you and nothing else. To coin a phrase- been there, done that and got the T shirt so I know what I am talking about.

[Bluemonday3]

Thank you all for your kind words.. I am trying to maintain my health and will prioritise this, however all this stuff is going round my head mainly from Birmingham Midshires as the information National Debtline provide makes me think I have a bigger complaint against them. I am trying to pick my fights carefully at the moment as I do not have energy, time or mental capacity and I am desperate not to cock it up and lose an opportunity to get their incompetency put right.

Regards to Link (I really could have done without this one right now!)
They sent a letter along with one from Lloyds to say that they had been assigned to my account and that Lloyds no longer have any interest in my account. Am I right to just ignore them.. they have stepped up since sending this dated 14/12/21 ( I will update my diary appropriately shortly) by calling, sending text messages and emails.
I am pretty sure that I sent a CCA to LLoyds originally but I would double check this.
Thank you again as always

[Still Waving]

I would ignore Link for the time being. Certainly do not engage with them by phone, text or email. If you can block their phone number, do so. If you do happen to pick up a phone call, just refuse to speak to them, or you could be inadvertently admitting the debt. When they write (by snailmail) let us know what they say and we can suggest how to deal with it.

[Bluemonday3]

Thank you so much for your swift reply. I have looked back and I asked Lloyds & other DCA's that this was passed on to for the CCA but got nothing back!
I have blocked the number and will continue to do so as I know they will use different numbers. Thanks again

[Still Waving]

I am pretty sure that I sent a CCA to LLoyds originally but I would double check this.
Thank you again as always

According to your diary in post #8, you say "CCA requested 10/12/2017". You don't specify who you sent it to. It could have been either Lloyds or Westcot. Can you tell from your own records?

EDIT: I've just seen your latest post. So you have written copies of your CCA request? They have not complied, so that is currently a point in your favour. Keep silent regarding the CCA request for the time being.

[Still Waving]

BTW, when you update a diary entry at the beginning of your diary, it's a good idea to put a new post referring to the updated post number, or it may not get noticed. I have only just seen that you updated post #8 in December, concerning the contact from Link. (What I used to do was to copy the entire diary entry for a particular debt into a new post, and include any updates, so that others could see the entire history without having to search the thread.)

[Bluemonday3]

Thank you so much, from my recall I sent to Lloyds and then Westcot, neither came back with the CCA, so I will sit tight.. I am wobbling a bit as I think Link maybe a be a bit more determined!

[Still Waving]

Thank you so much, from my recall I sent to Lloyds and then Westcot, neither came back with the CCA, so I will sit tight.. I am wobbling a bit as I think Link maybe a be a bit more determined!

You should keep a copy of all your letters, so that you have a full record. I don't know whether you have a copy of your CCA request, but in post #8 you say - 12/4/18 Received a letter from Wescot saying that the dispute I had with Lloyds over my default date has been resolved so I need to start making payments again.
No mention of my CCA request, even though I have a letter from them acknowledging this.

I hope you have at least kept that acknowledgment letter.

I see that there is a relatively small amount outstanding on this one, so please don't get too concerned.

[Bluemonday3]

I will have the acknowledgement letter somewhere in my despicable filing system, as I have not got rid of anything.. I will add this to my to do list to find .. I know I have it. Thank you again

[Bluemonday3]

So I have never posted fully about Birmingham Midshires loan and this messed this has caused me so here goes the best that I can..

Birmingham Midshires unsecured loan Feb 2008 £26,250 taking along side my mortgage (through desperation and bad financial advice to consolidate debt..didn't work!)

Step change formerly CCCS at the time advised that they could not treat this creditor any different to my others so monthly contractual payment decreased from £182.85 to DMP rate of £41.54 per month in Sept 2009.

CCJ applied for in March 2010 £26,656.46 plus £360 court fee, plus £100 solicitor fee, total £27,116.46.

In July 2010 the following was ordered

The judgement be papyable forthwith.

The claimant may not enforce the judgement other than by the way of a charging order application, without leave of the court whilst ever the defendant pays £41.54 per month, first payment 25 June 2010.


National debtline advised me recently that this is a strange 'hybrid' CCJ.


Final charging order was applied in 13 August 2010 for £28,204.37


So I have been advised by NDL that the 'contractual payment' no longer exists as the CCJ supersedes this.


So I was paying £41.54 every month through step change as the arrears continue to spiral. I took this outside of the DMP and started making the contractual payments.

In sept 2016, I started to make slightly increased monthly payments to address the arrears.. at no stage was I asked to but I received regular letters advising of the level of arrears.

I have maintained the contractual monthly payments ever since slowly increasing this up to just over £10 per month to try to address the arrears.


Sept 2020- Birmingham Midshires updated their banking system, asking me to make one monthly amount opposed to the two seperate standing orders and the account number changed.

I raised this as a concern over the phone that how would they know how to allocate my payments if I did this. I was advised to change to direct debit as they would do this automatically but I advised them I wished to continue by standing order and I knew this would be messed up with my payments as they would not allocate this properly.

This is exactly what happened and I ended up with mortgage arrears as they did not allocate the payments accordingly.

The complaint manage advised that she would re-allocate the payments and then forgot! so I ended up escalating my complaint until this was put right.

They then put the loan back on back credit file when this had come off in 2016!

A further complaint was sent in for this and they have upheld the complaint, taken back off the credit file and paid £100 into my bank account, which I did not agree too.

I have further advised that as a direct result of the loan been added back onto my credit file a credit account I have (never use but not the point) has decreased the credit amount from £5000 to £1500. I have advised them of this and said I am not happy re the £100 compensation.


I have no intention of using the credit account but for me it is a matter of principal.


They have then pursued me to enter into a formal agreement to make payments towards the arrears. Incidentally before all their bank change they were accepting my payments with no issue nor further action.


In the mean time I have sought advice from National Debtline who advised they have no right to do this, as the court set the amount and at no time have I been taken back to court to pay more. I have done this myself to try to clear the debt.


NDL have advised a few actions I could take and they are not convinced they are sending me the correct paper work to be in a position to be charging excessive interest. I am not pursuing this at the moment as they have given me a lot of information, a lot of what I am not fully sure of as I am scared to make a mistake.


I hope this makes sense as this has been going on over 10 years.

[Bluemonday3]

Current level of this debt is approx£17,756.02 & arrears approx £2334.37 I have requested a SAR as per advice from NDL but they won't give me one unless I provide my signature and certified ID. I have raised this as a separate complaint and will go to the ICO if required as I asked for a verbal one after passing security but I was told 'no'

[Still Waving]

I don't know much about these things. As NDL have been helping you, you have probably seen the info in this link -
https://www.nationaldebtline.org/fac...t-on-a-ccj-ew/

It would probably be useful if you can establish from your records whether BM have complied with their obligations, ie did they include the special notice outlined in bold in the From 1 October 2008 section, on their default notice, and whether they have sent you the required new notices at 6-monthly intervals.

There is a lot of useful info on that link, but it is a lot to digest.

[Bluemonday3]

Thank you I will take a look, this sounds very similar to what NDL told me. I will have to see if I can find the notices as I am not sure where these are at present. I will not have got rid of them but cannot place them at present. I did request the SAR to see if I could get this info without having to trawl through my papers but have hit a brick wall.