Bluemonday 3 Unenforceability Diary

[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

[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

[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.

[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.

[Timewilltell]

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

[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.

[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??

[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.

[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]

Thank you so much for your responses, Di & Warwick. I feel very up and down about all of this and but I do feel well supported on here, so thanks again.

[Warwick65]

Hi
I would say try not to worry. Its not a nice feeling being in debt but it does get easier.

My only advice is to reiterate what was said before, some letters need replies, others don't. And as for them saying they are enforceable... Well they would say that wouldn't they.

[Joanna Connolly Solicitors]

I guess I am wobbling a bit as was not expecting the CCA that landed on Friday, however Niddy says this is unenforceable even though they are telling me it is.
I am scared of consequences

No need to have a wobble when you're sent a credit agreement especially if it's an irredeemably unenforceable one.

I had two of those for MBNA debts but PRA weren't able to enforce either of them.

Read about my court case and see if that cheers you up >

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”

“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”

So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.

Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.

After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.

Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.

This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.

Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

Di

[Bluemonday3]

Thank you both for your responses, I guess I am wobbling a bit as was not expecting the CCA that landed on Friday, however Niddy says this is unenforceable even though they are telling me it is.
I am scared of consequences and I think I feel the wobble because Birmingham Midshires who my mortgage and loan are with have asked for an arrangement to pay the arrears, even though they have the charging order and they say this is because I am no longer with step change.

[The Tech Clerk]

many would chase you in hope of a charging order, if over a certain amount, alternatively if you show indication of a good job i.e. attachment of earnings, but of course they would have to win a case 1st.

[Still Waving]

A bit of a daft question but would people know if creditors are more likely to chase you if you have a house opposed to someone who rents please?
I am thinking ahead and just wondering how long I can be brave enough to sit quiet?

Hi

It is a possibility. However, I see that apart from the Bir-Mid loan (for which you say there is already a charging order), your debts have relatively small amounts outstanding. If creditors do start getting heavy and do finally indicate an intention to issue a claim, there is a fairly lengthy process to go through (under the new Pre-Action Protocols) and you would have opportunities to come to an arrangement to prevent it going to court/charging order.

I would continue to sit quiet, and seek further advice here every time you receive letters.