Unenforceable diary

[glimmer]

Hi Warwick


Yes Apex replied to my cca to say they no longer had this debt and that it had recently at the time been assigned to Wescot

Im sure Halifax still own this debt.

Quick look through paperwork Halifax had sent me a statement sum of arrears in June.

[Warwick65]

It is arguable as to what they should have done but I think my next step would be to check for certain who owns the debt, it will be on a letter from Wescot and then send them a CCA request. If in doubt you could send one to Wescot but they would likely return it to you, they are not the brightest bunch to be honest- well they are from Yorkshire (it used to be)

[Joanna Connolly Solicitors]

Halifax

• Personal loan
• Date commenced-around 2006
• Approx balance-£4900 approx
• Date last paid - 2008
• Are you on arrangement or not paying- Stopped paying May 2018
• Status-last default in dec 2007
• Account owner-Halifax

24/04/18 - sent CCA request using your template with £1 postal order
25/04/18 - signed for by Apex
25/05/18- letter from Wescot account now being managed with them
02/08/18 - letter from Wescot saying they have not received payment
16/08/18 - letter from Wescot saying they have instructed by there client HBOS to discuss outstanding balance with me
23/08/18 - letter from Wescot. Important reminder asking me to contact them.

I'm assuming you're posting about this debt ^ ^ ^

If so from what you've said the Halifax have not been sent a formal s 77 - 79 CCA Request together with the £1 statutory fee.

It appears that in April this year you sent a CCA Request to a third party (Apex?) who said they were not involved with the debt which had been returned to Halifax (is that right?).

I suggest you send a CCA Request to Halifax for belts-and-braces purposes

You want to avoid a situation where Halifax could say in court that they have never been sent a CCA Request.

Di

[glimmer]

Thanks for replying Warwick and Di,

Don’t know if this makes any difference but this debt started off as a joint debt with my wife. She had an iva which was completed a few years back and the remainder of the balance was transferred over to me.

Will send off cca to Halifax ASAP.

many thanks for your comments and input.

[Joanna Connolly Solicitors]

Don’t know if this makes any difference but this debt started off as a joint debt with my wife. She had an iva which was completed a few years back and the remainder of the balance was transferred over to me.

The difference is your wife is no longer liable for this debt (assuming her IVA was successfully completely) but you remain 100% liable for the outstanding balance.

However, the Halifax have got to comply with your s 77-79 CCA Request before that becomes an issue.

Was there any PPI attached to this loan?

Di

[glimmer]

Hi Di,

sorry for late reply, I’m pretty sure we didn’t have ppi with this loan.

[glimmer]

Hi

It's been a while but just an update on the above debts, I moved in the summer 2019. Advice still needed please:

Halifax (enforceable)
28.01.19. Received letter from CSL saying debt is with them now giving me final notice to pay. Not heard anything since this letter.

Barclaycard
Been receiving regular letters from Cabot (one this month) asking for payment but I didn't get the CCA when asked on 25,4,18. Should I ignore or reply saying haven't received CCA?

MBNA (unenforceable)
Debt went from Moorcroft to Arrow now with Drydensfairfax Solicitors - anyone heard of them? Threatening letter received from them.

Advice please - should I continue to ignore these debts?

[Joanna Connolly Solicitors]

Advice still needed please:

Halifax (enforceable)
28.01.19. Received letter from CSL saying debt is with them now giving me final notice to pay. Not heard anything since this letter.

Barclaycard
Been receiving regular letters from Cabot (one this month) asking for payment but I didn't get the CCA when asked on 25,4,18. Should I ignore or reply saying haven't received CCA?

MBNA (unenforceable)
Debt went from Moorcroft to Arrow now with Drydensfairfax Solicitors - anyone heard of them? Threatening letter received from them.

Advice please - should I continue to ignore these debts?

Maybe or maybe not is the quick answer to your question

Can you re-quote any posts containing the history of each of these debts so I can see what needs to be done if they have been assigned to debt purchasers and/or their solicitors such as DrydensFairfax or Mortimer Clarke (on behalf of Cabot)

Di

[glimmer]

Hi Di,

Thanks for replying.

With Barclay Card i sent a cca to Cabot which was signed for in April 2018 and not received anything back. Except letters and calls asking me to get in touch with them.

Drydensfairfax solicitors have sent me a Letter of Claim for the MBNA Virgin branded credit card which niddy claims is unenforceable.

Help needed in replying to this matter. Letter of claim expires end of Feb.

Thanks.

[Warwick65]

No need to actually answer this but did Niddy say why it was UE? Was If it was a copy of the original agreement that was not correctly executed then happy days. If it was a recon , this could be put right BUT if they manage to put it right, why did they send you one that was wrong in the first place?

Diana Mayhew As for the later of claim, no great rush. See if Di can offer some help

[Joanna Connolly Solicitors]

Virgin (MBNA)

• Credit card
• Date commenced-around 2004
• Approx balance-£5900 approx
• Date last paid - 2007
• Are you on arrangement or not paying-Stopped payments May 2018
• Status-last default in dec 2007
• Account owner-MBNA

24/04/18 - sent CCA request using your template with £1 postal order
28/04/18 - received letter saying they have requested the information from MBNA
28/06/18 - cca from Moorcroft will send to Niddy to look at.
30/06/18 - Niddy says Virgin branded MBNA credit card.
11/09/18 - Letter from Moorcroft asking me to contact them.
17/10/18 - Letter from Moorcroft asking me to contact them.
02/11/18 - Reduced settlement offer of 40% letter received.
Feb 2020 - Debt now with Drydensfairfax.

I can't see any mention of Arrow Global in your Diary post but it must have been assigned to them somewhere along the line if DrydensFairfax have sent you a Letter of Claim.

Did you ever receive a Notice of Assignment from Arrow?

Di

[glimmer]

All correspondence was with Moorcoft then Arrow sent a letter in Dec 2019. There was a notice of assignment from Arrow to Drydens but not from Moorcroft to Arrow.

[Warwick65]

If I have read it correctly moorcroft we’re collecting for mbna. I don’t think moorcroft actually buy debts, well they never used to. If that’s the case mbna will have sold to arrow. A Sat to Mbna might be useful.

As Di often says, it will tell you what they have and if they don’t have it how can anyone else !

[glimmer]

So next step should be to sar mbna?

How do I go about replying to Drydens letter before claim?

Diana Mayhew would I be ok to send you a pm?

many thanks.

[The Tech Clerk]

unless Di asks you to PM then open forum is the place??