Loco UE Diaries

[Gadgets]

Hi - I was on DMP for the past 10 years and I have finally cut the string loose and decided to clear out the 7 remaining pre-2008 debts still open. I have sent out the CCA letters to the 7 DCAs. I will start listing out the accounts using the prescribed layout. Once I get the responses, I will update the information. Thank you in advance and please bear with me as it might take a couple of days to update all information.

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sent
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[Joanna Connolly Solicitors]

I was on DMP for the past 10 years and I have finally cut the string loose and decided to clear out the 7 remaining pre-2008 debts still open. I have sent out the CCA letters to the 7 DCAs.

Hello

It's never too late to take control of your debts instead of them taking control of you.

I see you refer to dealing with the pre-2008 debts but do you have any post-2008 debts too?

There are many reasons why a debt can be unenforceable in court despite an enforceable credit agreement (such as assignment issues and unlicensed debt purchasers) so maybe list everything and see what responses come back.

I look forward to helping you.

Di

[Gadgets]

Alliant & Leicester

• Type of account: loan
• Date commenced: prior April 2007 I think (need to organise my records to see if I can pin down the date)
• Balance as of May 2018: £1,509.64
• Date last full payment made: around 2008
• Are you on arrangement or not paying: DMP cancelled April 2018, stopped making payments
• Status: defaulted and no longer showing in credit report
• Account owner: all communications are coming from Shoosmiths

2018-May-04. DMP managed by BrightOaks terminated
2018-May-19. Sent CCA request to Shoosmiths
2018-May-30. Received response from Shoosmiths dated 29 May 2018
“”We write with reference to the above matter and further to your recent correspondence.

We confirm that a County Court Judgment was granted on 28 January 2010, in the sum of £7,720.00. We confirm that we now rely on the County Court Judgment rather than the agreement. Please find enclosed a cheque in the sum of £1.00 for refund of your payment sent to us.

We can confirm that the balance outstanding as of today’s date is £1,509.64 and that interest and charges are not accruing. Please find enclosed a statement showing all payments received.

If you would like to seek any independent advice on your position, please see below a list of organisations who may be able to help.

If you have any queries or would like to discuss this matter further please do not hesitate to contact us on xxxx””

In addition to the letter above, they provided a statement of account starting on Feb 10, 2009 through May 9, 2018.

- I was able to locate a document date 2 November 2010 titled General Form of Judgment or Order with the corresponding claim number referenced in the May 29th Shoosmiths’ letter.

“”Upon hearing the Solicitor for the Claimant

IT IS ORDERED THAT

1. Application is struck out upon request of the Judgement creditor without prejudice to the entitlement to issue a fresh application upon the same debt, if so advised.
2. Interim Charging order discharged.
3. No order for costs.

Dated 26 October 2010””

- I checked my Noddle and Clearscore credit reports and no CCJ was listed. I also ordered a report from the Registry Trust Limited and the report showing nothing was registered anywhere in UK.

- I will send a letter back to Shoosmiths and attaching a copy of the 2 November 2010 General Form of Judgment or Order.

[Joanna Connolly Solicitors]

Alliant & Leicester

• Type of account: loan
• Date commenced: prior April 2007 I think (need to organise my records to see if I can pin down the date)
• Balance as of May 2018: £1,509.64
• Date last full payment made: around 2008
• Are you on arrangement or not paying: DMP cancelled April 2018, stopped making payments
• Status: defaulted and no longer showing in credit report
• Account owner: all communications are coming from Shoosmiths

2018-May-30. Received response from Shoosmiths dated 29 May 2018
“”We write with reference to the above matter and further to your recent correspondence.

We confirm that a County Court Judgment was granted on 28 January 2010, in the sum of £7,720.00. We confirm that we now rely on the County Court Judgment rather than the agreement.

- I was able to locate a document date 2 November 2010 titled General Form of Judgment or Order with the corresponding claim number referenced in the May 29th Shoosmiths’ letter.

“”Upon hearing the Solicitor for the Claimant

IT IS ORDERED THAT

1. Application is struck out upon request of the Judgement creditor without prejudice to the entitlement to issue a fresh application upon the same debt, if so advised.
2. Interim Charging order discharged.
3. No order for costs.

Dated 26 October 2010””

- I checked my Noddle and Clearscore credit reports and no CCJ was listed. I also ordered a report from the Registry Trust Limited and the report showing nothing was registered anywhere in UK.

- I will send a letter back to Shoosmiths and attaching a copy of the 2 November 2010 General Form of Judgment or Order.

Maybe don't write to Shoosmiths until you've established your legal position.

I'll probably ask you a few questions about this debt to clarify things.

Do you know who currently owns this debt since Alliance & Leicester was acquired by Santander in 2008 i.e. before that court claim which was apparently struck out?

Di

[Gadgets]

Maybe don't write to Shoosmiths until you've established your legal position.

I'll probably ask you a few questions about this debt to clarify things.

Do you know who currently owns this debt since Alliance & Leicester was acquired by Santander in 2008 i.e. before that court claim which was apparently struck out?

Di

Thank Diana for your response. The Alliance & Leicester loan was transferred to Abbey which was then renamed to Santander UK. So far I cannot find anything that indicates that Shoosmiths now owns this debt, so I presume that Santander UK still owns this debt.

I will hold off from sending a letter to Shoosmiths.

[The Tech Clerk]

Gadgets = Shoesmiths are only solicitors they act for owners of alledged debts O.K./

[Gadgets]

HSBC

• Type of account: credit card
• Date commenced: prior 2005 I think (need to organise my records to see if I can pin down the date)
• Balance as of May 2018: £1,086.81
• Date last full payment made: around 2008
• Are you on arrangement or not paying: DMP cancelled April 2018, stopped making payments
• Status: defaulted and no longer showing in credit report
• Account owner: debt was sold to Britannica Recoveries on Feb 2013, Moorgate Loan Servicing is the servicing agent. On Dec 2016, Idem Capital Securities Limited purchased the debt.

2018-May-04. DMP managed by BrightOaks terminated
2018-May-19. Sent CCA request to Idem Servicing
2018-May-26. Received letter from Idem Servicing:

"Thank you for your recent letter received on 21 May 2018 requesting information under Section 77 of the Consumer Credit Act 1974 in respect of the above account.

We will endeavour to provide the requisite information within the next 12 working days."

[Gadgets]

HSBC

• Type of account: Loan
• Date commenced: prior 2007 I think (need to organise my records to see if I can pin down the date)
• Balance as of May 2018: £3,647.28
• Date last full payment made: around 2008
• Are you on arrangement or not paying: DMP cancelled April 2018, stopped making payments
• Status: defaulted and no longer showing in credit report
• Account owner: debt was sold to Britannica Recoveries on Feb 2013, Moorgate Loan Servicing is the servicing agent. On Dec 2016, Idem Capital Securities Limited purchased the debt.

2018-May-04. DMP managed by BrightOaks terminated
2018-May-12. Sent CCA request to Idem Servicing
2018-May-16. Received letter from Idem Servicing:

"Thank you for your recent letter received on 15 May 2018 requesting information under Section 77 of the Consumer Credit Act 1974 in respect of the above account.

We will endeavour to provide the requisite information within the next 12 working days."

[Roger]

Was that

Britannica Recoveries S.a.r.l.? if so see this

http://fca-consumer-credit-interim.f...w?accId=638539

and for Idem Capital Securities Limited this

http://fca-consumer-credit-interim.f...w?accId=642971
I should print these off and store them on file.

[Warwick65]

Britannica bought quite a few debts several years ago (in my case 20011/12) and used Moorgate and Arden both based in Solihull West Midlands to collect the debts. They were persistent but ineffective. In 2012 they then sold my debt onto AG who proved equally ineffective.

They do seem to have a problem not least the inability to provide your S77 request

[Joanna Connolly Solicitors]

2018-May-04. DMP managed by BrightOaks terminated

I think it would be a good idea to send a Subject Access Request to Bright Oaks who managed your DMP for ten years. That way you'll see exactly what went on with your creditors.

The debt owner must serve any statutory notices on you not the DMP provider so, for example, if during that period the original creditor defaulted your account and assigned (sold) it to a debt purchaser then the Default Notice, Termination Notice, Notice of Assignment and regular Notice of Sums in Arrears should have been sent to your address. This would matter when assessing if the debt is unenforceable in court.

I also notice that according to their Tc & Cs Bright Oaks charge a fee of 20% of the money you pay them for your creditors. That'll have been quite a lot over the last decade > https://www.brightoak.co.uk/fees.php


If you're not happy with the way they managed things over the years or the amount charged compared with any 'work' carried out on your behalf, then you could consider a complaint once you know the full facts (from your SAR response).

Read this from the CAB website > https://www.citizensadvice.org.uk/de...fees-too-high/

Di

[Gadgets]

Abbey

• Type of account: Loan
• Date commenced: Jan 8, 2008
• Balance as of May 2018: £1,150.12
• Date last full payment made: around late 2008
• Are you on arrangement or not paying: DMP cancelled April 2018, stopped making payments
• Status: defaulted and no longer showing in credit report
• Account owner: unknown

2018-May-04. DMP managed by BrightOaks terminated
2018-May-19. Sent CCA request to Moorcroft
2018-Jun-29. Received copy of the loan agreement, emailed to the webmaster@all-about-debt.co.uk mailbox for enforce-ability check

[Joanna Connolly Solicitors]

Alliant & Leicester

• Type of account: loan
• Date commenced: prior April 2007 I think (need to organise my records to see if I can pin down the date)
• Balance as of May 2018: £1,509.64
• Date last full payment made: around 2008
• Are you on arrangement or not paying: DMP cancelled April 2018, stopped making payments
• Status: defaulted and no longer showing in credit report
• Account owner: all communications are coming from Shoosmiths

2018-May-04. DMP managed by BrightOaks terminated
2018-May-19. Sent CCA request to Shoosmiths
2018-May-30. Received response from Shoosmiths dated 29 May 2018
“”We write with reference to the above matter and further to your recent correspondence.

We confirm that a County Court Judgment was granted on 28 January 2010, in the sum of £7,720.00. We confirm that we now rely on the County Court Judgment rather than the agreement. Please find enclosed a cheque in the sum of £1.00 for refund of your payment sent to us.

We can confirm that the balance outstanding as of today’s date is £1,509.64 and that interest and charges are not accruing. Please find enclosed a statement showing all payments received.

If you would like to seek any independent advice on your position, please see below a list of organisations who may be able to help.

If you have any queries or would like to discuss this matter further please do not hesitate to contact us on xxxx””

In addition to the letter above, they provided a statement of account starting on Feb 10, 2009 through May 9, 2018.

- I was able to locate a document date 2 November 2010 titled General Form of Judgment or Order with the corresponding claim number referenced in the May 29th Shoosmiths’ letter.

“”Upon hearing the Solicitor for the Claimant

IT IS ORDERED THAT

1. Application is struck out upon request of the Judgement creditor without prejudice to the entitlement to issue a fresh application upon the same debt, if so advised.
2. Interim Charging order discharged.
3. No order for costs.

Dated 26 October 2010””

- I checked my Noddle and Clearscore credit reports and no CCJ was listed. I also ordered a report from the Registry Trust Limited and the report showing nothing was registered anywhere in UK.

- I will send a letter back to Shoosmiths and attaching a copy of the 2 November 2010 General Form of Judgment or Order.

Before you send anything to Shoosmiths Solicitors may I ask a few questions?

If the claim was struck out and the Claimant didn't make a fresh Application then there is no CCJ.

What was the reason for the strike out which was made at the request of the Claimant?

However the Order does give them the freedom to make a fresh Application which is something you want to avoid (although the time lapse may frustrate this) which is why I don't think you should write to Shoosmiths until everything has been analysed.

So what happened after that Order (I note the Interim Charging Order was discharged too) was there a new claim or Application?

Shoosmiths may be writing to you but who is their client (the business who actually owns the debt)?

If the account was defaulted more than six years ago the whole file will have been removed from the Credit Reference Agencies regardless of what subsequently happens.

If the Claim was struck out and there wasn't a new claim resulting in a CCJ then your s 77-79 CCA Request is valid - which is why I suggest you hesitate to do anything until everything becomes clearer.

Was there a subsequent CCJ or any other Application (such as enforcement of the CCJ if it exists)?

Di

[Warwick65]

Misread previous posts - ignore me

[Joanna Connolly Solicitors]

Hi - I was on DMP for the past 10 years and I have finally cut the string loose and decided to clear out the 7 remaining pre-2008 debts still open. I have sent out the CCA letters to the 7 DCAs. I will start listing out the accounts using the prescribed layout. Once I get the responses, I will update the information.

Hello Gadgets

How is this going?

Post any updates on your thread if you need help

Di