Shineon UE Diary

[MisterK]

The s.78 template should be sent to the current debt owner of course, where the debt owner is known. In the case where someone has discarded all previous paperwork, as Shineon had, then discovering who the current debt owner is may become part of the initial task. Sending the s.78 template to the DCA is quite likely to bring forth a response from the DCA revealing who is the current owner and then it becomes possible to move to the next stage. It may even be shunted around the houses a little before the correct destination for the s.87 is known. I believe it's far better to do this than to try and engage the DCA in conversation about it for example, particularly as the s.78 has been constructed with great care by the legal team to avoid any admission of liability.

Sending an SAR to an old DMP sounds like a good thing to do as another way to regain lost history. Perhaps someone else here has experience of doing that with a DMP. And I think you're doing just great Shineon.

[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
18/11/21 Cabot , unable to obtain info, account un .
30/10/21 welcome back, Cabot.
22/11/21 75% discount, Cabot.
06/12/21 75% discount Cabot.
23/12/21 Cabot, join others to make payment.
06/02/2022 Cabot take a positive step.

[Warwick65]

Hi
Sorry of I am a little late coming to your party - don't have a lot of time at the moment to post but for what its worth, here are my two penneth

I noticed that many of your debts are relatively small ( I mean under £1000) which may be a good thing. It might also mean that if you stop paying into your DMP you could fairly quickly build up a war chest of some funds which you could (if absolutely necessary) use to make full and final settlement offers. Now I am not saying that is the way forward or that you have any duty to repay the debts but it might be one of many options available should it be necessary.

Right now my pearls of wisdom on storing letters. I assume you have a printer and scanner
This is what I have done- some I have managed more efficiently that others but this is my ideal way

Set up an online cloud storage account - I use google drive as it provides 15GB of free storage but there are plenty of other reputable free cloud storage firms out there- for example microsoft one drive or apple i cloud
I then have a folder imaginatively called Debt
Within that I have a new folder for each account
Every letter sent, received, proof of delivery etc is stored both in a real folder in my desk and in a virtual folder in the cloud. I number each letter starting at 1 and give a brief description e.g
1) CCA request
2) Proof of delivery
3) Response to CCA request
3) Response to CCA request edited

You will note I have two number 3's because they are essentially the same document but it might be because I have posted a copy of a letter on here

As I am sure you know,with Windows 10 and Macs, if you are printing something from a web page you have the option to save as PDF . There is also a website called PDF escape where you can edit (blank out) bits of letters but I always blank it out, download it and then print saving as a PDF - some of these sites have a tendency to flash up the bit you have blanked out

I know all this sounds a lot but it means I have triple copies so if for example my laptop died I would have a real copy and the cloud copy or if there was a flood and I lost the real copy and my laptop I would still have a cloud copy

It also meant , when i received a claim and engaged Joanna Connolly to represent me, I was able to just share the whole folder with her so she could see what had been sent, received etc

It is hard work to start with , I started with 25 accounts and 45K of debt some 6 years ago and I last received a letter about 2 months ago - just one letter. I also have BT privacy and never get phone calls these days- and i do mean never

I no longer worry about any of my debts

Good luck

[Shineon]

Thanks Warwick, great news on your journey with no more worrying about debt,
don't know if I'd call it a party maybe a big one at the end .

I do my filing like you suggest just need to do the cloud individual debt folders soon, am determined this time to keep and organise all paperwork, - not hide away in a hole or under DMP.
i remember 10 - 15 yrs ago all the calls and letters before DMP , not nice, been on DMP 8 yrs paying £100, which could have been used for f and f. Just never could see a way for it to get any better.
you had 25 creditors, I've got 23, it's a lot to manage but have noted everything, I keep a note of when they signed for the CCA and the date the £1.00 cheques cashed through bank a/c also. At the mo using old iPad and one of daughters laptops, my PC has broke, using google docs and drive, printer and scanner working for copies.

Thanks again, everyones help is really making us feel as though we can do this....

[Joanna Connolly Solicitors]

I can't change the errors in the past
-----

Neither can the original creditor.

Maybe they've made errors in the past too which could work to your advantage in the future

Di

[Shineon]

I have now sent off all CCA's to everyone and noted on each creditor diary ,
I have also got replies from several CCA requests who are looking for paperwork etc, so have dated envelopes and filed away.
Rang DMP company to cancel but they said to stay, will pay one more month just to see what comes back from my latest CCA's and then demand I want to cancel, felt pressured to stay. I told them I was trying to sort the history of my debts.
I have been trying to find where to send a SAR to fir my previous DMP which had for 5 yrs but it was NMH - Lawrence Charlton with what I can find us that they ceased trading in August 2017, is there any way I could get this info from anywhere as it may help to put a clearer picture to when debts started and who and when sold on, defaulted etc for me.
Thanks

also have CCA sent from cap one which I will send over to Niddy for checking.

[Still Waving]

As I understand it, Lawrence Charlton were part of Fairpoint Group Plc, whose address is -
Fairclough House
Church Street
Adlington
Lancashire
PR7 4EX

Fax: 0344 826 1176

Email: info@fairpoint.co.uk

They should therefore be the ultimate data controller for the purpose of a SAR.

[Shineon]

As I understand it, Lawrence Charlton were part of Fairpoint Group Plc, whose address is -
Fairclough House
Church Street
Adlington
Lancashire
PR7 4EX

Fax: 0344 826 1176

Email: info@fairpoint.co.uk

They should therefore be the ultimate data controller for the purpose of a SAR.

Thanks very much for info,
do you reckon make £10 payable to mmmm.. Fairpoint as LC no longer trading, and is the SAR letter on here ok to use or shall I or can I tweak it . Thanks

[Still Waving]

No point making the cheque to LC, so Fairpoint Group Plc seems the obvious choice, but include in the request that it relates to LC's records.

[Warwick65]

also have CCA sent from cap one which I will send over to Niddy for checking.

Just remember, while a CCA request is a powerful tool, it is not the only weapon in unenforceability . Even if it comes back as enforceable, that is only one factor in the battle.

My Capital One CCA request was enforceable but the claim failed in court on other issues- well they only really, looked at one, the default notice but the Judge was also critical of other aspects of Lowell's 'evidence'

[Shineon]

NEW DAY


Mine
Balance: £1309.05
Start Date:
Last payment: DMP Feb2018
Original Lender


01/03/2018. CCA Sent
07/03/2018 CCA tracked and recieved, receipt printed
23/03/2018 cheque for £1 returned from LLOYDS banking group with Halifax header saying no valid a/c no. And cannot locate with details provided.

Letter recieved today with chq returned from lloyds banking group but Halifax header saying can't locate a/c from what new day had sent them,,,, is this just file and do more if get any further details as a debt I'm not sure of who owner etc is .

[Still Waving]

Letter recieved today with chq returned from lloyds banking group but Halifax header saying can't locate a/c from what new day had sent them,,,, is this just file and do more if get any further details as a debt I'm not sure of who owner etc is .

As you are apparently currently up to date with your payments, there will be no threatening letters in the short term, so no real need to do anything just yet.

The CCA request should be sent to the original lender, and hopefully you have some paperwork with the original account reference, which you will be able to quote when you do send them a CCA74 request. DCAs/debt purchasers usually assign a different number to an account.

[Joanna Connolly Solicitors]

The CCA request should be sent to the original lender, and hopefully you have some paperwork with the original account reference, which you will be able to quote when you do send them a CCA74 request. DCAs/debt purchasers usually assign a different number to an account.

Any s77-79 CCA Request should be sent to the current owner of a debt not the original creditor who has no statutory obligation to comply with the request.

Di

[Shineon]

Have just updated my dairy. I have cancelled totally my DMP to payplan so last payments made March 2018. Not much been going on but do have 4 CCA's for checking, aol email ( or iPad) doesn't seem to be getting them to webmaster so will load them on secure portal soon (family bereavement at mo) and join (subscribe) the plus at end of week (payday). Thankyou.

[Joanna Connolly Solicitors]

CITIFINANCIAL CREDIT CARD
CABOT FINANCIAL EUROPE

Husband
Balance : £4250.45
Start Date:
Last payment: DMP March 2018
Original Lender: CITIFINANCIAL Credit Card

01/03/2018. CCA Sent
05/03/2018 CCA recieved by Cabot and signed for - receipt printed
22/03/2018 CCA reply from Cabot , Citi unable to find agreement and Cabot are temporarily ceasing collection of this account, but will become enforceable if documents found.
27/04/2018 cancelled DMP

May I ask a couple of questions on this one (I've been looking back through all of your debt posts which you've just updated).

Who is the actual owner who purchased the debt? The name may differ slightly from the letterhead.

So is it Cabot Financial Ltd, Cabot Financial (UK) Ltd, or Cabot Financial (Europe) Ltd, or something else in the Cabot group?

You have quite a few debts with Cabot so I would check them all. I have a reason for asking

Also when was this credit card account opened (which year approximately)?

Di