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so Robbers will be in contact soon, what is your next move/thoughts/like to do?
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I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
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Sit tight
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Originally posted by RhodriMawr View PostSit tight
I agree with that.
And hope RBS assign it to a debt purchaser after you've been sent a few letters by Robinson Way.
It's already been with Wescot and Moorcroft so they'll be running out of DCAs to chase you soon
Would there have been any PPI on this account?
DiComment
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2017
August 17th-CCA request sent to MDR who were collecting the debt.
August 24th-Letter from Moorcroft Debt Recovery stating that they had forwarded my request to their client.January 20th
2018-Letter from Cabot Financial UK Ltd, welcoming back to Cabot who have decided to manage the debt.
February 10th
-Letter asking us to get in touch to discuss a payment plan.
March 14th
-Letter contents as previous letter.
April 1st
-Letter to remind a new payment plan needs to be in place.
May 10th
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Letter warning of potential legal action.
May 31st
-Letter before claim
from Mortimer Clarke Solicitors requesting contact within 30 days.
June 7th
-Letter sent to Cabot and copied to Mortimer Clarke Solicitors complaining about harassment through phone calls and letters regarding the alleged debt and reminding them that I had not received a response to my CCA request.
June 22nd
-Response from Cabot (dated June21st), enclosed was what appears to be a properly executed CCA (I will email to Niddy to check as soon as I can scan). Cabot apologised for the breakdown in their service which resulted in them not forwarding the CCA to my when they received from RBS in September. They consider the agreement is now enforceable and they are entitled to consider a CCJ and request us to contact Mortimer Clarke Solicitors to discuss options.
June 23rd
-Letter from Mortimer Clarke (dated June 18th) , acknowledging our letter. For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken.
25th August 2018-
Response received from MC.
Please find a copy of the original agreement, statement of account and default notice as requested. We can confirm that you have requested a copy of the Notice of Assignment, and will forward to you upon receipt. You have requested a copy of the deed of assignment. This is a confidential document between our client and the original creditor. This document does not contain any personal detail relating to you and is not available for disclosure. Our client requires the outstanding balance to be addressed. Please find enclosed an I & E form which we require you to complete and return within 14 days. If no response is received we will refer the matter to our client for further instruction.
8th September 2018-
Further letter received from MC dated 04/09/18 noting that we not responded to previous letter asking for I & E details. "Our client is keen to find out more about your financial situation so that we can agree an appropriate & affordable repayment plan. If the I & E form is not completed within 10 days from the date of this letter, we will refer the matter to our client for further instruction".
September 18th.
Letter received from MC. Please provide a response within 14 failing which we are instructed to request a County Court claim is issued to you. This may result in a County Court judgement against you.
October 11thCounty Court claim submitted by Cabot.
October 29thAcknowledgement of service submitted.
November 12thDefence submitted on my behalf by Joanna Connolly solicitors.
April 11th 2019 - Notification from Joanna Connolly Solicitors thatthe Claimant has agreed to dismiss this claim with no order as to costs. Great work Diana & the team.Comment
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What afantastic result ,xcngratulations , Jo triumphs again x
if you do it today and you like it you can always do it again tomorrow
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Just goes to show, even when it appears to the untrained eye that a debt may be enforceable (even with a compliant CCA request) things are not always as they seem. I am sure Cabot dislike Jo, but if they were confident of a win they would have gone through with it.
Well done Jo, Di and all at Joanna Connolly solicitorsComment
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That’s great news, well done to Jo and all her team.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Originally posted by RhodriMawr View Post
It's always nice when a Claimant consents (agrees) to dismiss their own claim
This began last October so you must be very relieved to finally get closure on a stressful situation.
Di
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Debt #3 Original Creditor- Barclaycard
Date of Agreement- Approx. 1995
Current Owner– Link Financial
Debt Balance- £11987
2017
August 18th- CCA request sent to MDR who were collecting the debt.
2018
March 2nd-Letter from Wescot, requesting contact is made regarding the debt.
March 9th–As above.
September 12th–Letter from Link stating they are writing to validate the address.2019
August 21st - Letter from Link apologising for the delay in responding andComment
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Debt #3 Original Creditor- Barclaycard
Date of Agreement- Approx. 1995
Current Owner– Link Financial
Debt Balance- £11987
2017
August 18th- CCA request sent to MDR who were collecting the debt.
2018
March 2nd-Letter from Wescot, requesting contact is made regarding the debt.
March 9th–As above.
September 12th–Letter from Link stating they are writing to validate the address.2019
August 21st - Letter from Link apologising for the delay in responding and stating that following a request to Barclaycard they cannot provide CCA documents.Comment
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That has to be great news. Do they actually mention the debt is now unenforceable. I believe they should do under FCA rules, or certainly not mislead you. Keep that letter- no CCA is a defence against any claim and if they tried it they would get a good spanking by the Judge- especially if Jo was involved.
If find it heartbreaking when these leeches hit a brick wall , saves me having to run them over.Comment
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From now on NO contact with Link!
Link will pester you by phone or writing.
This is often after considerable time delays sic 18 months.
Make certain that you never unintentionally restart the Statue Bar clock by admitting to the Debt! That's either in writing or in answering the phone!
Silence from now on!Comment
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As others have said, You will no doubt get some letters and or phone calls from Link regarding the account or it could get passed around to someone else to collect
One thing you need to do now is just tread carefully and play for time, If they or anyone else gets in contact, post up here and someone will advise you, Just be certain not to acknowledge the debt in any way. Barclaycard have some major issues with lots of their paperwork, Fingers crossed this is one of them
Well done, Its all heading in the right direction
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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A timely return to action by the forum with Howard Cohen getting serious on behalf of HFUK3HL.
Debt #2 Original Creditor
- RBS AA Credit card.
Date of Agreement
-August 2005.
Current Owner
- RBS (Managed by Moorcroft)
Debt Balance
- £1987
2017
August 23rd
- CCA request sent to MDR who were collecting the debt.
December 27th –
Correspondence from Wescot, who were managing the debt, acknowledging the account is in dispute and returning £1.00 PO and an attached sheet with a Halifax log and the Lloyds Banking Group, Manchester Credit Card Operation address, that I have not provided a credit card number and they cannot locate the account with details provided.
2018
February 22nd
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Account statement provided by RBS.
March 5th
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Letter from RBS stating debt collection is transferred from Wescot to Moorcroft
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March 9th
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Introductory letter from Moorcroft.
April 4th
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Monthly instalment offer.
April 18TH
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Letter requesting contact is made.
June 26th
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Letter stating that their local representative will be making a doorstep visit to establish contact on July7th
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June 29th
– Letter sent to Moorcroft stating, “
that under the FCA CONC rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or any representative of yours”.
July 7th
– Doorstep visit carried out, letter left with I & E form.
July 13th
–Letter received from Moorcroft, explaining reason for home visit.
September 10th
Letter received with a CCA enclosed, will send to Niddy opinion (Niddy believes CCA is enforceable)
November 20th
Letter received from RBS stating that due to failure in agreeing a suitable repayment plan, RBS have instructed Robinson Way to collect the debt.
November 20th
Introductory letter from Robinson Way.`
December 4th
"Settlement Available" letter from Robinson Way
2019
December 31st
Notice of Assignment letter from both RBS ,new debt owners Hoist Finance UK Holding 3 Limited and a welcome to Robinson Way letter offering a 15% discount.
2020
September 28th
Letter of Claim received from Howard Cohen Solicitors to be returned by 29/10/20.
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Originally posted by RhodriMawr View Post
What good timing indeed (the return of the forum)
Why don't you email me that Letter of Claim from Howard Cohen solicitors, and also include the credit agreement from 2005 which you were sent too. Use di@joannaconnollysolicitors.co.uk
Unless I've misunderstood that credit agreement was sent to you by RBS (original creditor) not Hoist (subsequent debt purchaser)?
Hoist Finance UK Holding 3 Ltd do not have FCA authorisation.
DiComment
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