Shineon UE Diary

[PlanB]

letter from overdales,regarding the pro action protocol form, they are seeking the papers I requested and no further action to be taken until these become available

That sounds like good news to me, especially since I see you/your Husband sent a CCA Request to Vanquis in March 2018 and the credit agreement they produced then looked unenforceable (did you send it to Niddy to check?).

If you had ignored their 'Letter of Claim' they would have issued legal proceedings, so at least you've dodged that bullet (for now anyway).

Fingers crossed Lowell can't get anything more meaningful from Vanquis including a compliant Default Notice.

Di

[Shineon]

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That sounds like good news to me, especially since I see you/your Husband sent a CCA Request to Vanquis in March 2018 and the credit agreement they produced then looked unenforceable (did you send it to Niddy to check?).

If you had ignored their 'Letter of Claim' they would have issued legal proceedings, so at least you've dodged that bullet (for now anyway).

Fingers crossed Lowell can't get anything more meaningful from Vanquis including a compliant Default Notice.

Di

Yes dodged for now, so like Warwick said we can have a bit of breathing space, thank goodness,.. yes cca was checked by Niddy, maybe UE... will post up if hear any more, waiting on Sar back from Vanquis.. thanks.

[PlanB]

Yes dodged for now, so like Warwick said we can have a bit of breathing space, thank goodness,.. yes cca was checked by Niddy, maybe UE

Well if the credit agreement Vanquis sent you was thought to be unenforceable by Niddy then Lowell may not have much luck with their efforts.

The main thing is you now have some breathing space so enjoy it

Di

[Shineon]

VANQUIS BANK

Husband
Balance: £1076.00
Start Date: 03/05/2015
Last payment: DMP March 2018
Original Lender: Vanquis Cr Card


21/03/2018 - CCA sent
28/03/2018 - CCA recieved will send for checking.
checked, and maybe UE not 100%
27/04/2018 cancelled DMP
28/05/2018 letter from Vanquis, advising no longer on DMP and interest and charges due to resume in 30 days
28/05/2018 letter from Vanquis, a/c over limit, can pay if an oversight ( nope )
26/06/2018 letter saying no payment recieved , please call
05/06/2018 monthly statement from vanquis
06/06/2018. A/c remains overdue letter from vanquis
29/06/2918 a/c overdue letter
19/07/2018 pending notice of default letter.
28/07/2018 monthly overdue statement
08/08/2018 Notice of Default letter
22/08/2018 Please contact letter from Vanquis
28/08/2018 Monthly Statement
01/11/2018 Monthly Statement
27.11.18 monthly statement.
02/08/2019 letter rob way - what can you afford to pay
15/08/2019 letter from Rob Way , we are authorised to negotiate payment plan.
31/08/19 statement from vanquis.
31/08/2919 letter rob way to arrange a payment plan.
23/09/2019 letter rob way - reduced settlement offer.
10/10/2019 letter from rob way to sort payment.
29.08.20 vanquis statement
19.10.20 letter Lowell , bought account, NOA letter enclosed from vanquis.
04.11.20 letter Lowell, payment due
18.11.20 letter Lowell, overdue account
30.11.20 letter Lowell, overdue account
18.12.20 letter Lowell, pre legal assessment
03.01.21 letter Lowell, pre legal assessment, 20% discount.
19.01.21 letter Lowell, pre legal assessment, we may instruct solicitor, still offering 20% discount.
23.02.21 letter from Lucas , ac overdue, Lowell portfolio 1 have instructed them, contact in 10 days or will refer to their sols to commence legal action. Also letter enclosed saying Overdales legal Ltd have changed name to Lucas cr services. Also enclosed letter headed Lowell saying sent to Lucas and to contact them.
15.04.21 Overdales sols letter of claim dated 13.04.21, 30 days to reply.
22/04/21 cca sent to Lowell.
22/04/21 SAR sent to Vanquis.
28/04/21 Letter of claim sent signed for post to overdales.
30/04/21 letter of claim signed for received by overdales today.
06/05/21 £1.00 cheque cashed though bank account,
06/05/21 letter Vanquis re SAR, they will respond but need D.O.B, so will get this sent off.
11/05/21 letter Overdales, confirming what they know, date opened and last payment, they are seeking asked docs from original creditor, and to note No further action until response has been received.

Hi, just had the SAR back from Vanquis (sent digitally) they had a bit extra for the CCA that they didn’t send originally, so have sent that off to webmaster today . It also shows a default notice and a date they used Rob Way and date sold on to Lowell. Will just wait and see what Overdales send. Or is there anything I need to do now, Thanks xx
No response yet from Lowell regarding CCA request.

[PlanB]

had the SAR back from Vanquis (sent digitally) they had a bit extra for the CCA that they didn’t send originally, so have sent that off to webmaster today .
No response yet from Lowell regarding CCA request.

Since Lowell has not responded to your CCA Request this debt is currently unenforceable.

Vanquis' response to your CCA Request was deemed unenforceable by Niddy in March 2018.

Don't worry if another document was subsequently produced by Vanquis in your SAR. What matters is whether Lowell can produce a compliant credit agreement when they don't necessarily have access to your data held by Vanquis.

If you send it to Niddy for checking make sure he knows it came from Vanquis not Lowell.

Di

[Shineon]

Since Lowell has not responded to your CCA Request this debt is currently unenforceable.

Vanquis' response to your CCA Request was deemed unenforceable by Niddy in March 2018.

Don't worry if another document was subsequently produced by Vanquis in your SAR. What matters is whether Lowell can produce a compliant credit agreement when they don't necessarily have access to your data held by Vanquis.

If you send it to Niddy for checking make sure he knows it came from Vanquis not Lowell.

Di

Thanks, yes sent to niddy and said cca from Sar , he super quick replied ,,xx weekend time enjoy all xx

[PlanB]

sent to niddy and said cca from Sar , he super quick replied

Did he say it was enforceable or unenforceable?

Di

[Shineon]

Did he say it was enforceable or unenforceable?

Di

mmmm, yep, not the one we wanted,,, EN xx

[Shineon]

Thanks all for kind words.
have just found another to add to my (growing) list
will put here, don't know how to move it to top of my diary - hope this is ok

AQUA MASTECARD
Mine

Balance: £1370.00
Start Date: 24/03/2016
Last Payment : DMP March 2018
Date Assugned : 11/07/2017
Current DCA : Cabot Finacial UK Limited

15/03/2018 letter from Cabot - we would like to help you close your account - offering pay £412.39 for f and f settlement - dated envelope and filed away.
21/03/2018 - CCA sent
27/04/2018 cancelled DMP
15/06/2018 LETTER from Cabot, 14 day hold for me to sort a new payment plan, as Dmp cancelled. Current creditor on letter states CABOT FINANCIAL UK LIMITED.
13/07/2018 Statement for last 6 months.
19/07/2018 letter to set up payments, Cabot financial uk limited as current creditor
14/08/2018 Letter to set up payments from cabot financial.
22/09/2018 Letter from Cabot , set up payment , a/c will be relieved for legal action.
06.10.18 letter Cabot potential legal action.
10.10.18 letter Cabot potential legal action.
06.12.18 letter Cabot, potential legal action.
07/01/2019 letter potential legal action, not heard from you.
07.02.19 letter Cabot, potential legal action.
11/03/2019letter Cabot potential legal action
13/04/2019 letter from Cabot outstanding balance potential legal action.
15.05.2019 letter Cabot, potential legal action.
19/06/2019 letter Cabot - outstanding balance potential legal action.
02/08/2019 letter Cabot - statement last six months Says owner is CABIT FINANCIAL ( EUROPE ) LIMITED
18/07/2019 letter Cabot - potential legal action.
19/08/2019 letter from Cabot outstanding balance, potential legal action.
21/09/2019 letter from Cabot, potential legal action.
24/10/2019 letter from Cabot , outstanding balance, potential legal action .
23.11.2019 Cabot letter, outstanding balance, potential legal action.
28.12.2019 Cabot letter outstanding balance, potential legal action.
26.01.2020 Cabot letter outstanding balance, potential legal action.
25.02.2020 Cabot letter outstanding balance, potential legal action.
20.03.2020 Cabot letter outstanding balance, potential legal action.
01.5.2020 Cabot letter outstanding balance, potential legal action.
02.06.2020 Cabot letter outstanding balance, potential legal action.
12.02.21 Cabot, Aqua statement
22.02.2021 Cabot letter, your ac has been selected for legal action.
28/04/21 Letter of claim sent signed for post to Mortimer.
05.03.2021 Cabot letter, 21 days to avoid legal action.
22.03.21 Cabot letter, 7 days and will pass to sols.
10.04.21 Mortimer Clarke letter of claim dated 06.04.21, 30 days to reply.
21.04.21 Cca sent to Cabot.
23. 04.21 cca received , receipt printed.
28/04/21 letter of claim sent to Mortimer.
30/04/21 letter of claim signed for received by Mortimer today.
11/05/21 SAR sent to Aqua.
21/05/21 Cabot letter received re CCA request, they are unable to provide credit agreement so they stat this is unenforceable until they are able to reply.

Hi, had good news yesterday, Cabot can not comply with the CCA , they sent letter saying it unenforceable until they do and cannot proceed with legal action,,, hope that means Mortimer cannot continue with the Letter of Claim I sent,, will post if hear anything from Aqua SAR or Mortimer ....

[Warwick65]

Hi, had good news yesterday, Cabot can not comply with the CCA , they sent letter saying it unenforceable until they do and cannot proceed with legal action,,, hope that means Mortimer cannot continue with the Letter of Claim I sent,, will post if hear anything from Aqua SAR or Mortimer ....

Long may that continue

I personally have never had nasty surprises from cabot i.e. when they say they can't find the agreement it stays that way.

Really good to see the AAD way working

[Shineon]

Long may that continue

I personally have never had nasty surprises from cabot i.e. when they say they can't find the agreement it stays that way.

Really good to see the AAD way working

Loving that reply, thanks

[PlanB]

had good news yesterday, Cabot can not comply with the CCA , they sent letter saying it unenforceable until they do and cannot proceed with legal action

That is very good news for you.

Unless I've misunderstood things, you sent Cabot a CCA Request in March 2018 and they didn't comply with that one, in fact they didn't send you anything at all.

Let's hope that happens again this time.

Di

[Shineon]

Thanks all for kind words.
have just found another to add to my (growing) list
will put here, don't know how to move it to top of my diary - hope this is ok

AQUA MASTECARD
Mine

Balance: £1370.00
Start Date: 24/03/2016
Last Payment : DMP March 2018
Date Assugned : 11/07/2017
Current DCA : Cabot Finacial UK Limited

15/03/2018 letter from Cabot - we would like to help you close your account - offering pay £412.39 for f and f settlement - dated envelope and filed away.
21/03/2018 - CCA sent
27/04/2018 cancelled DMP
15/06/2018 LETTER from Cabot, 14 day hold for me to sort a new payment plan, as Dmp cancelled. Current creditor on letter states CABOT FINANCIAL UK LIMITED.
13/07/2018 Statement for last 6 months.
19/07/2018 letter to set up payments, Cabot financial uk limited as current creditor
14/08/2018 Letter to set up payments from cabot financial.
22/09/2018 Letter from Cabot , set up payment , a/c will be relieved for legal action.
06.10.18 letter Cabot potential legal action.
10.10.18 letter Cabot potential legal action.
06.12.18 letter Cabot, potential legal action.
07/01/2019 letter potential legal action, not heard from you.
07.02.19 letter Cabot, potential legal action.
11/03/2019letter Cabot potential legal action
13/04/2019 letter from Cabot outstanding balance potential legal action.
15.05.2019 letter Cabot, potential legal action.
19/06/2019 letter Cabot - outstanding balance potential legal action.
02/08/2019 letter Cabot - statement last six months Says owner is CABIT FINANCIAL ( EUROPE ) LIMITED
18/07/2019 letter Cabot - potential legal action.
19/08/2019 letter from Cabot outstanding balance, potential legal action.
21/09/2019 letter from Cabot, potential legal action.
24/10/2019 letter from Cabot , outstanding balance, potential legal action .
23.11.2019 Cabot letter, outstanding balance, potential legal action.
28.12.2019 Cabot letter outstanding balance, potential legal action.
26.01.2020 Cabot letter outstanding balance, potential legal action.
25.02.2020 Cabot letter outstanding balance, potential legal action.
20.03.2020 Cabot letter outstanding balance, potential legal action.
01.5.2020 Cabot letter outstanding balance, potential legal action.
02.06.2020 Cabot letter outstanding balance, potential legal action.
12.02.21 Cabot, Aqua statement
22.02.2021 Cabot letter, your ac has been selected for legal action.
28/04/21 Letter of claim sent signed for post to Mortimer.
05.03.2021 Cabot letter, 21 days to avoid legal action.
22.03.21 Cabot letter, 7 days and will pass to sols.
10.04.21 Mortimer Clarke letter of claim dated 06.04.21, 30 days to reply.
21.04.21 Cca sent to Cabot.
23. 04.21 cca received , receipt printed.
28/04/21 letter of claim sent to Mortimer.
30/04/21 letter of claim signed for received by Mortimer today.
11/05/21 SAR sent to Aqua.
21/05/21 Cabot letter received re CCA request, they are unable to provide credit agreement so they state this is unenforceable until they are able to reply.
01/06/21 Sar received from Aqua.
08/07/21 Mortimer letter, saying agreed to hold account, need to contact within 7 days otherwise account will no longer be on hold.

Hi, just had letter from Mortimer today saying to contact within 7 days, otherwise account will no longer be on hold……. At present Cabot have not produced cca agreement letter dated 21.05.21,,, so I am guessing just to file and post up if I get any more correspondence,,,

[Warwick65]

Hi, just had letter from Mortimer today saying to contact within 7 days, otherwise account will no longer be on hold……. At present Cabot have not produced cca agreement letter dated 21.05.21,,, so I am guessing just to file and post up if I get any more correspondence,,,

For now I would keep hold of it - I would hope MC will look at their records before they do anything else. In any event at the moment it is unenforceable

[PlanB]

AQUA MASTECARD
Mine

Balance: £1370.00
Start Date: 24/03/2016
Last Payment : DMP March 2018
Date Assugned : 11/07/2017
Current DCA : Cabot Finacial UK Limited


10.04.21 Mortimer Clarke letter of claim dated 06.04.21, 30 days to reply.
21.04.21 Cca sent to Cabot.
23. 04.21 cca received , receipt printed.
28/04/21 letter of claim sent to Mortimer.
30/04/21 letter of claim signed for received by Mortimer today.
11/05/21 SAR sent to Aqua.
21/05/21 Cabot letter received re CCA request, they are unable to provide credit agreement so they state this is unenforceable until they are able to reply.
01/06/21 Sar received from Aqua.
08/07/21 Mortimer letter, saying agreed to hold account, need to contact within 7 days otherwise account will no longer be on hold.

If your aim is to avoid a court claim then I wouldn't ignore that letter from Mortimer Clarke since they may well issue a claim because they have already sent you a Letter of Claim fairly recently.

You've sent a s77-79 CCA Request to Cabot who have sent you a letter in reply saying the debt is unenforceable at the moment.

Mortimer Clarke may not know that or may not have checked the file to see if Cabot have made them aware.

My suggestion is why not send Mortimer Clarke a copy of Cabot's letter with a simple one-liner thanking them for their letter and "please see attached".

If Mortimer Clarke do then subsequently issue legal proceedings you'll have evidence that their client (Cabot) knew (by their own admission ) that the debt was unenforceable.

Di