Shineon UE Diary

[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.
19/08/2021 LOC sent to overdales, box I ticked.
27/08/2021 letter dated 24.08.2021 from overdales in response to pre action protocol form, to contact and no further action for 30 days.

Hi, got a response to the pre action protocol from overdales today , they have enclosed copy of agreement, statement, DN, NIA, and say there is no legal requirement for assignment of debt to be in form of a deed, and their client is under no obligation to disclose the debt sale. They say to contact re payment and no further action for 30 days…..

[Still Waving]

See post #191.

https://all-about-debt.co.uk/forum/d...49#post1541949

[Colin G Quinn]

Hi Shineon,

I think Niddy looks over all agreements. However, I'd be happy to take a look at the default notice and NOA if you want to email a copy over to me. My email address is in my legal disclaimer below.

Regarding what they have said about the deed of assignment, that is incorrect. Unfortunately however, they will get away with it a lot of the time. Although they never get away with it when we are involved.

[Shineon]

Hi Shineon,

I think Niddy looks over all agreements. However, I'd be happy to take a look at the default notice and NOA if you want to email a copy over to me. My email address is in my legal disclaimer below.

Regarding what they have said about the deed of assignment, that is incorrect. Unfortunately however, they will get away with it a lot of the time. Although they never get away with it when we are involved.

Ok, thanks, will do.

[The Tech Clerk]

send copy CCA to webmaster@all-about-debt.co. refer to this thread.

[PlanB]

got a response to the pre action protocol from overdales today , they have enclosed copy of agreement . . . . They say to contact re payment and no further action for 30 days…..

Hello

May I just check something with you.

Is the 'credit agreement' sent by Overdales exactly the same (i.e. identical) as the 'credit agreement' Vanquis previously sent you in response to your CCA Request to them in March 2018 which Niddy said was unenforceable?

Email the current paperwork to Niddy for comparison using webmaster@all-about-debt.co.uk

Also check if this new credit agreement from Overdales is the exactly the same as the one in your SAR from Vanquis, assuming it's in the SAR but maybe it's not!

Di

[Colin G Quinn]

Hi Shineon,

I have received and reviewed the paperwork you sent to me.

Oh dear, that is quite a misleading letter you have been sent.

Firstly, ignore the spiel you have been given regarding non-disclosure of the document of assignment. A notice of assignment is not in and of itself evidence of any assignment. If I write to you now, saying you owe me the money instead, is that assignment? The answer is obviously no.

To that effect, I have no idea what the document said to be Vanquis' notice is supposed to be. No header, no footer. It's about as good as someone having just written 'assignment' on a piece of paper.

The Default Notice is a clear attempted reconstitution and not a copy of any original document.

The document said to be a credit agreement is absolutely no such thing at all. Apart from that, and the obvious fact a company authorised by the Financial Conduct Authority should not be writing to consumers claiming these documents as credit agreements, the two documents they are relying upon are absolutely littered with glaring errors and inaccuracies.

In other words, I don't believe there is a great deal to concern yourself with at the minute. That being said, you definitely do not want to bring any of the above to their attention.

[Shineon]

Hello

May I just check something with you.

Is the 'credit agreement' sent by Overdales exactly the same (i.e. identical) as the 'credit agreement' Vanquis previously sent you in response to your CCA Request to them in March 2018 which Niddy said was unenforceable?

Email the current paperwork to Niddy for comparison using webmaster@all-about-debt.co.uk

Also check if this new credit agreement from Overdales is the exactly the same as the one in your SAR from Vanquis, assuming it's in the SAR but maybe it's not!

Di

Thankyou Di, yes it’s just the digital signature page, which is basically the same as 2018 (all by a time has been added to the application date box) and then there’s a letter from Vanquis in there about the EC act 2000 about signing digitally, there’s no agreement terms that Overdales have sent, and not a new reply from Lowell from the cca I sent off recently… shall I email the digital sig page and Vanquis letter to Niddy, would he want the original stuff Vanquis sent me in 2018 also,,, thanks xx

[Shineon]

Hi Shineon,

I have received and reviewed the paperwork you sent to me.

Oh dear, that is quite a misleading letter you have been sent.

Firstly, ignore the spiel you have been given regarding non-disclosure of the document of assignment. A notice of assignment is not in and of itself evidence of any assignment. If I write to you now, saying you owe me the money instead, is that assignment? The answer is obviously no.

To that effect, I have no idea what the document said to be Vanquis' notice is supposed to be. No header, no footer. It's about as good as someone having just written 'assignment' on a piece of paper.

The Default Notice is a clear attempted reconstitution and not a copy of any original document.

The document said to be a credit agreement is absolutely no such thing at all. Apart from that, and the obvious fact a company authorised by the Financial Conduct Authority should not be writing to consumers claiming these documents as credit agreements, the two documents they are relying upon are absolutely littered with glaring errors and inaccuracies.

In other words, I don't believe there is a great deal to concern yourself with at the minute. That being said, you definitely do not want to bring any of the above to their attention.

Thanks again, to my rescue xx will contact if I hear any more xx relief thanks.

[Shineon]

Hi Shineon,

I have received and reviewed the paperwork you sent to me.

Oh dear, that is quite a misleading letter you have been sent.

Firstly, ignore the spiel you have been given regarding non-disclosure of the document of assignment. A notice of assignment is not in and of itself evidence of any assignment. If I write to you now, saying you owe me the money instead, is that assignment? The answer is obviously no.

To that effect, I have no idea what the document said to be Vanquis' notice is supposed to be. No header, no footer. It's about as good as someone having just written 'assignment' on a piece of paper.

The Default Notice is a clear attempted reconstitution and not a copy of any original document.

The document said to be a credit agreement is absolutely no such thing at all. Apart from that, and the obvious fact a company authorised by the Financial Conduct Authority should not be writing to consumers claiming these documents as credit agreements, the two documents they are relying upon are absolutely littered with glaring errors and inaccuracies.

In other words, I don't believe there is a great deal to concern yourself with at the minute. That being said, you definitely do not want to bring any of the above to their attention.

oh no, yesterday we received the Claim Form, dated 12/10/2021 from CCBC, Any help with the next steps would be appreciated, thankyou .

[Gerry Jemitus]

Hi Shineon,

If the form is dated 12/10/21 it is deemed served on you on 17/10/21 so you have 14 days from that date to either acknowledge service or instruct solicitors to do that for you. You then have a further 14 days in which to file your defence. If you want to send a copy of the claim form to me or Colin we can have a look at it for you.

[Shineon]

BANK OF SCOTLAND CREDIT CARD
CABOT FINANCIAL EUROPE

Husband
Balance: £722.00
Start Date: 02/06/2008
Date Assigned: 24/06/15
Last payment: DMP March 2018
Original Lender: Bank of Scotland (cr card)
DCA: Cabot - current creditor MFS Portfolio Ltd


12/02/18 CCA Sent
21/02/2018 CCA chq for £1 cashed on bank statement
01/03/2018 no response, gone over 12 + 2 days
03/03/2018 letter from Cabot recieved 03/03/2018 but dated 22/02/2018 they do not have info and hope to get within 40 days and recontact then. Also say temporily unenforcable
27/04/2018 cancelled DMP
13/07/2018 Statement from Cabot.
13/07/2018 CCA from Cabot will forward for checking
25/07/2018 Letter from Cabot, your balance is waiting to be paid.
09/08/2018 Letter from Cabot to set up payment plan.
26/08/2018 Letter from Cabot to set up payment plan.
22/09/2018 Letter from Cabot offering £50 discount to update budget.
05/11/2018 Letter from Cabot offer to set up payment plan.
02.12.2018 letter Cabot, not heard from you.
16/04/2019 letter Cabot what's happening
03/05/2019 letter resolve saying home visit
23/05/2019 resolve call note saying had home visit, no in
09/06/2019 welcome back to Cabot letter
01/08/2019 welcome back to Cabot letter.
16/09/2019 letter Cabot, are you interested in settling account .
16.10.2019 letter Cabot we have passed your details to debt managers.
25.11.2019 letter debt manager, please contact their client Cabot has written to you.
19.12.2019 letter debt managers to sort payments .
30.12.2019 letter debt managers to help get account moving .
29.05.2020 welcome back letter from Cabot.
16.07.2020 Cabot 75% discount.
22.07.2020 Cabot letter, get back on track.
01.11.2020 Cabot letter, your account is back with us.
18.01.21 Cabot letter 80% discount.
10.03.21 Cabot letter saying going to instruct resolve call to home visit.
23.03.21 resolvecall letter, we are acting for Cabot Europe who purchased Bank of Scotland credit card, call or a home visit.
14/04/2022 Cabot, your ac is back with us
28/04/2022 Cabot, overdue debt
11/05/2022 Cabot, avoid legal action.
27/05/2022 Cabot, we are sending to sols.
09/06/2022 we have not heard from you, Reston will contact in 7 days .
15/07/2022 restons…LOC.

oh goodness, just found LOC for husband, but I have been searching everywhere for the cca sent to me 13/07/2018, it’s not with my papers. I would like to tick I , what docs shall I ask for, should I ask for cca agreement, default notice, statements, notice of assignment.. it says it’s MFS portfolio vs husband from restons..thankyou.

[Still Waving]

I think the current advice is NOT to ask for documents, but others will be along to advise shortly.

Have you done a SAR to the original lender (BoS) ?

[Shineon]

I think the current advice is NOT to ask for documents, but others will be along to advise shortly.

Have you done a SAR to the original lender (BoS) ?

No sorry not done SAR, I can if it’s needed now. Thanks

[Still Waving]

No sorry not done SAR, I can if it’s needed now. Thanks

I would be inclined to get one off right away. There is a template on AAD, and there is no fee to pay.