Bluemonday 3 Unenforceability Diary

[Bluemonday3]

21/8/19 Communication received from Lloyds saying that as I have not set up a repayment plan, I need to contact Moorcroft who they have passed the debt onto!
I am struggling to edit this to put this under my Lloyds debt section!

[Bluemonday3]

So Moorcroft have taken up the chase for the Lloyds debt.
Do I send them a CCA request as I have never received this from Wescot or Lloyds from previous requests or do I ignore them?
Any advice would be great please and very much appreciated as always.

[The Tech Clerk]

No CCA to Moorcroft they are just collection agents (get a large commission on any payments) they do not own the debt, outstanding CCA then good news maybe they have a problem??

[Timewilltell]

Wescot are only a debt collector working on commission, if you ignore long enough they will pas back to Lloyd’s who will instruct another! I’ve had several debt collectors from Lloyd’s, I just ignore the lot of them. Just keep filing the letters that you receive.

[Timewilltell]

Sorry I was reading incorrectly, as said moorcroft are another debt collector only so ignore.

[Bluemonday3]

Thank you both so much for getting back to me, the calls have started and texts! I will ignore and file as advised. Thanks again.

[Roger]

Thank you both so much for getting back to me, the calls have started and texts! I will ignore and file as advised. Thanks again.

This is important make a note of the time and date of Calls and Text's. File and ignore!
They can ask but NOT harass. A paper trail of what is/has happened is very important.
You are now taking control here and with this will come confidence and nous.

[Joanna Connolly Solicitors]

Moorcroft have taken up the chase for the Lloyds debt.
Do I send them a CCA request as I have never received this from Wescot or Lloyds from previous requests or do I ignore them?

Is this for your Lloyds overdraft (£3k) or your Lloyds TSB credit card (£200)?

Is there a post on your Diary with the full history?

Di

[Joanna Connolly Solicitors]

Hello Bluemonday3

I've had a quick look through your Diary thread so wonder if there are any updates on these debts or have they gone quiet?

Can you just clarify if you're still paying all or some of them?

Di

This is my diary to date, please forgive me there will be some gaps as I don't have all the information to hand but I will try to fill these in later.

Birmingham Midshire Home loan started 2007, to date I have paid £10,510 and I am paying this back outside of my DMP as is linked to my mortgage.
I have a CCJ issued re this on 3.3.10 and a charging order obtained.

City Financial credit card started approx 2006,
Balance at DMP start Sept 2009 £6953.72.
Passed onto to Cabot but is managed by Clarity ? approx 2010
Outstanding balance £718.40
CCA requested 10/12/17

Royal Bank of Scotland Mint Credit Card started approx 2004
Balance at DMP start Sept 2009 £3626.55
Managed by Wescot (unsure when) £416.89 outstanding.
CCA requested 10/12/17
16/2/18 Email sent to Wescot advising of change of income


Bank of Scotland Credit card started approx 1999 .
Balance at DMP start date Sept 2009 1490.99
Managed by Lloyds £869.92 outstanding.
CCA requested 10/12/17

Lloyds TSB credit card started approx 2006
Balance at DMP start date Sept 2009 £1703.27
Defaulted 29/5/2012
Managed by Wescot £235.93 outstanding
CCA requested 10/12/2017
16/2/18 Email sent to Wescot advising of change of income
20/2/18 Email received from Wescot saying they will place the account on hold until 22/3/18 to give me chance to contact Stepchange etc for debt advice.


Egg Credit Card started 25/11/2004
Balance at DMP start Sept 2009 £1485.26
Managed by Cabot £201.10 outstanding.
CCA requested 10/12/2017
Received a copy and statements 19/12/2017
19/2/18 CCA sent to Niddy for checking.

Creation Financial store card/loan started 29/08/2006
Balance at DMP start Sept 2009 £3036.86
Balance £0 5/5/2017
These were particularly evil to deal with and had to complain to FOS re interest added, complaint upheld.

Newday store cards taken out Oct 2009
Balance at DMP start Sept 2006 £180
Balance £0 15/1/2013

Lloyds Overdraft started 20/2/1996
Balance at DMP start date Sept 2009 £3052.79
Default date 06/2/2013
Balance £0 31/12/17

Lloyds and Creation have been very difficult to deal with & I am awaiting a default to drop off from Lloyds this year

Di

[Bluemonday3]

Apologies for not updating this in seems like a life time. I have changed jobs and the past few months my head had been all over the place!
I will update this properly at the weekend.. I did renew my membership a couple of weeks ago, so I managed that!
I am still being pursued by Cabot, who have passed one of the accounts onto Robinson Way recently, and Lloyds have passed to Moorcroft who did carry out a home visit while I was at work.. but just the usual type letters come, offering discounts etc if I pay up.
I have not paid anything to anyone since December 2017( I will double check that but I am pretty sure that was my last DMP payment before I cancelled)

[Joanna Connolly Solicitors]

I am still being pursued by Cabot, who have passed one of the accounts onto Robinson Way recently

Which is the debt that Cabot is pursuing and who was it assigned to - which is not necessarily the same name which appears on the current correspondence from them?

If it is Cabot Financial (UK) Ltd then they are not authorised by the FCA to issue legal proceedings.

Jo explains it here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di

[Bluemonday3]

Hi I received a letter from Cabot financial (Europe) Ltd at the end of February to say that the debt for my Mint credit card has been passed to Robinson Way as 'we have been unable to reach an agreement.
I am going to attempt to update my diary as I have been behind with this and I have paperwork all over the place!

[Joanna Connolly Solicitors]

I received a letter from Cabot financial (Europe) Ltd at the end of February to say that the debt for my Mint credit card has been passed to Robinson Way as 'we have been unable to reach an agreement.
I am going to attempt to update my diary

Maybe now would be a good time to update your Diary since debt purchasers have been reasonably restrained during Lockdown but are becoming at bit more lively now!

Di

[Bluemonday3]

Hi Di I am going to update as Cabot have passed one of my accounts to BPO Collections and I am now receiving regular texts and emails asking me to call them!

[Bluemonday3]

Does anyone have experience of BPO please? I have never heard of them and unsure what to expect?! any advice would be very much appreciated.