Shineon UE Diary

[Shineon]

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

Thankyou Di, will get the one liner written and sent but
household has just gone into isolation till weds, thurs at the earliest, and Mortimer rang house phone yesterday, (recorded msg answer)
would email be ok to send now, whilst waiting to come out of isolating , meaning not being able to get to post office just yet. . Thanks.

[PlanB]

Thankyou Di, will get the one liner written and sent but household has just gone into isolation till weds, thurs at the earliest, and Mortimer rang house phone yesterday, (recorded msg answer)
would email be ok to send now, whilst waiting to come out of isolating , meaning not being able to get to post office just yet.

I would think email is ok but only if they already have your email address since you don’t want to start an avalanche of emails back to you or you might risk acknowledging the debt for Statute Barred purposes, although that’s not until 2024 and their legal threat is now.

You've not said the date on their latest letter, but if they’ve started calling you already that sounds as if the account is no longer on hold anyway.

Sorry to hear about the isolation. I know so many people isolating at the moment after being notified by the trigger-happy phone app.

Di

[Roger]

There are online Fax services which could be used as an alternative to SMS or Emails. The point is the fax provides receipt of service!

[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.
20/05/21 Sar received digitally from Vanquis.
08/08/21 letter dated 26/07/21 ( been away so not been home for Mail) overdales letter of claim.

Hi, just back from a road trip and overdales have sent another letter of claim, the background info they have on the claim letter is that it was assigned to Lowell on 30.09.2020. Shall I send it off and ask for more documents.

[Warwick65]

I would reply asking for the documents.
Are Lowell still in default of your last cca request?
If so don’t send another
Same list of docs as before
DN
Notice and Deed of assignment
Agreement
Termination notice
etc etc

[PlanB]

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
. . . .
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
. . .
22/04/21 cca sent to Lowell.
30/04/21 letter of claim signed for received by overdales today.
. . . .
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.
. . . .
08/08/21 letter dated 26/07/21 ( been away so not been home for Mail) overdales letter of claim.

You need to keep your eye on the ball with this one - another member was told the account was on hold but a claim was still issued by the debt purchaser's solicitors.

So, can you confirm that Overdales know/knew that you sent a CCA Request to Lowell (perhaps they were sent a copy too?) in case they jump the gun if you simply asked for documents in your earlier Reply to their Letter of Claim so they're ignorant of your formal CCA Request?

Just checking

Di

[Shineon]

You need to keep your eye on the ball with this one - another member was told the account was on hold but a claim was still issued by the debt purchaser's solicitors.

So, can you confirm that Overdales know/knew that you sent a CCA Request to Lowell (perhaps they were sent a copy too?) in case they jump the gun if you simply asked for documents in your earlier Reply to their Letter of Claim so they're ignorant of your formal CCA Request?

Just checking

Di

hi, just looking at the overdales LOC background all they know is when entered agreement, when it was terminated and assigned, which they say has been sent but nothing to show them cca to Lowell, I am about to fill this in now and send, shall I just tick D , dispute and then ask for all the docs Warwick suggested , thanks .. also need to post about the aqua, Mortimer one as they also have sent another LOC,, will update now.

[Warwick65]

Yes I would but I would also tell them there is an outstanding CCA request. Normally it is not advised to say such things but if you don't and they issue a claim, once they see your defence saying outstanding CCA request they will try to find it and probably be more persistent than at this stage.

[Colin G Quinn]

Hi Shineon,

I would tread very carefully before pointing out to a creditor that they are in breach of Section 77/78 of the CCA, or any of their obligations for that matter.

That is part of a potentially very good defence for you, if they ever do issue a claim and there is no onus on you (a consumer) to point out to the creditor (a financial house who should have their house in order and should be aware of their statutory obligations) any potential defects in their case, or to provide any assistance whatsoever to a creditor.

Obviously it is entirely your choice as to whether you respond to a LOC and, if you do, what you say as a side addition. However, you need to think about the bigger picture and take early steps to protect yourself as best you can against any claim which may or may not be forthcoming in the future. Telling the creditor at this early stage where they are going wrong, could potentially affect you detrimentally down the line.

If they are willing to overlook their obligations and not comply with what they are supposed to, or if they have overlooked the same, deliberately or otherwise, I'd sit back and watch them continue to do so. That is my opinion anyway.

[Shineon]

Hi Shineon,

I would tread very carefully before pointing out to a creditor that they are in breach of Section 77/78 of the CCA, or any of their obligations for that matter.

That is part of a potentially very good defence for you, if they ever do issue a claim and there is no onus on you (a consumer) to point out to the creditor (a financial house who should have their house in order and should be aware of their statutory obligations) any potential defects in their case, or to provide any assistance whatsoever to a creditor.

Obviously it is entirely your choice as to whether you respond to a LOC and, if you do, what you say as a side addition. However, you need to think about the bigger picture and take early steps to protect yourself as best you can against any claim which may or may not be forthcoming in the future. Telling the creditor at this early stage where they are going wrong, could potentially affect you detrimentally down the line.

If they are willing to overlook their obligations and not comply with what they are supposed to, or if they have overlooked the same, deliberately or otherwise, I'd sit back and watch them continue to do so. That is my opinion anyway.

Thankyou, ok, think I will just ask for the same info as I did on their last claim and see what comes back.

[Colin G Quinn]

I haven't had a chance to read through every post, or even the ones on this page for that matter. However, if this relates to a Vanquis account from around 2015 don't be overly surprised if they come back to you with documents the say are the agreement, and if it appears to be an enforceable agreement.

In my experience Vanquis are quite good at providing agreements. However, they are not very good at providing compliant documents or evidence of anyone actually entering into the agreement itself. So just remember that the provision of a document said to be a compliant agreement is not the be all and end all.

Ultimately, if they do issue, you know where we are.

Good luck.

[Warwick65]

Hi
It seems that Overdales are part of the Lowell group so should be aware of the same details Lowell have. If that is the case you may indeed not want to tell them about the lack of CCA request. Of course here the aim is to stay out of court , as the debt is quite small it is certainly almost something that would make using a solicitor uneconomic.

[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.
O8/2021 Mortimer Letter of Claim dated on their letter 03/08/2021, same info as LOC 06/04/2021

Hi, LOC from Mortimer dated 03/08/2021, am sending ticking box d and I and asking for standard documents, cabots letter dated 21/05/2021 says unenforceable, fingers crossed xx

[Warwick65]

As Im sure you know MC are part of Cabot so they should know its UE but left and right hands do not always communicate.

[The Tech Clerk]

cowboy office wallah!s never attended a clerical course in their lives no doubt!