Shotley's UE Journey

[Shotley]

Hello All,

Having been getting some good advice in AAD+ I had a fantastic conversation with Diana Mayhew who gave me some wonderful advice and made me feel a million times better about my predicament. I've been encouraged to start my own diary listing my debts and the people chasing me and I hope anything in my story will help others too. I will start with the one I have mentioned in AAD+

• Type of account (credit card/loan) - Credit Card (Aqua)
• Date commenced (ideally before Apr 2007) - Jan 2013
• Approx balance - £2000
• Date last paid (approximate date you last made a FULL payment) - 10th April 2013
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - 1st Credit (now Intrum)

RECEIVED - Dec 2017 (though could be earlier) - letter from 1st Credit claiming to now own the account and they wanted the balance paying or come to an agreement with them to repay (unfortunately I can't find this letter, though this is around the time it was sent)


RECEIVED - Letter dated 1/2/2018 from 1st Credit stating a discount was available.


RECEIVED - Letter dated 21/02/2018 from 1st Credit stating the account would be passed to their legal department if I didn't call them


RECEIVED - Letter dated 05/03/2018 from Intrum stating the account had been passed to their legal department.


SENT - CCA Request 8/3/2018 with statutory £1 fee marked for CCA


SENT - SAR to Aqua 8/3/2018 with £10 fee for request


RECEIVED - Letter dated 12/03/2018 from Intrum acknowledging the CCA request and informing me that they could not provide details at this time, no further action to be taken while they await response from the OC (Aqua)


RECEIVED - Response to SAR request from aqua 23/3/2018


RECEIVED - Further SAR data from aqua 27/3/2018 including archived memos.


RECEIVED - CCA Response from Intrum 17/05/2018 enclosing copy of agreement and statements from March 2013 to November 2013 - giving me 30 days to respond. No copy of the default notice.


SENT - Copy of CCA to Niddy. Said it looked good but could still be UE

RECEIVED - Letter from Intrum 20/06/2018 (Dated 17th June) - complaining that I've not been in touch since CCA request, giving me 10 days from date of letter or they may instruct solicitors to commence proceedings.

RECEIVED - 22nd September 2018 - Recorded delivery. Letter of claim from Lester Aldridge Solicitors, acting on behalf of Intrum, (formerly 1st Credit Finance Limited), following assignment from Progressive Credit Limited.

[Shotley]

• Type of account - Store Card (Argos)
• Date commenced (ideally before Apr 2007) - March 2011
• Approx balance - £275
• Date last paid (approximate date you last made a FULL payment) - Unsure
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Lowell

Full disclosure, I am unsure how many times they’ve contacted me regarding this but I have the most recent correspondence and will start there.

RECEIVED - June 2017 Letter stating the account here was in pre-legal assessment. Offered a 30% discount.

SENT - CCA Request 25/6/2018 with statutory £1 fee marked for CCA

[Shotley]

• Type of account - Credit Card (Vanquis)
• Date commenced (ideally before Apr 2007) - March 2012
• Approx balance - £519
• Date last paid (approximate date you last made a FULL payment) - Unsure
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Lowell

Not had contact on this in a while, but it’s on my credit file so adding it here now so we can pursue it

SENT - CCA Request 25/6/2018 with statutory £1 fee marked for CCA

[Shotley]

• Type of account - PayDay Loan - QuickQuid
• Date commenced (ideally before Apr 2007) - Jan 2013
• Approx balance - £380
• Date last paid (approximate date you last made a FULL payment) - April 2013
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - MMF/Lantern

RECEIVED - June 2017 Letter from Moriarty Law on behalf of MMF/Lantern Letter Before Claim

SENT - SAR Request 22/6/2018 to QQ/P2P via email

RECEIVED - Response to SAR Electronically

SENT - CCA Request 25/6/2018 with statutory £1 fee marked for CCA to MMF/Lantern

RECEIVED: Response to CCA request, details of which do not match corresponding records in my possession.

RECEIVED: Letter from Moriarty Law titled 'FINAL DEMAND BEFORE PROCEEDINGS' giving me 16 days to come to an amicable resolutions.

SENT - Copy of CCA to Niddy who has deemed it enforceable

SENT - 13/07/2018 Copy of P/T's letter to Lantern/MMF.

SENT - 13/07/2018 Response to LBC stating non-compliance with P/T's as per advice and advising an affordability claim has been made.

RECEIVED: Letter from Lantern - response to the P/T's letter containing the same agreement originally sent to me 3 weeks previous. Also advising that Moriarty Law are handling the account now.

RECEIVED: Letter from Moriarty in response to the LBC reply I sent. They advise the matter has been referred back to Lantern and collection activity will be suspended for now.

RECEIVED: Letter from Moriarty Law - please find enclosed the relevant documentation supplied by our client for your information. It contains a statement of account, a copy of the exact same CC they sent first time around, and a copy of the welcome letter from Motormile/Lantern. Giving me 30 days to respond.

[Shotley]

• Type of account - PayDay Loan - Pounds2Pocket
• Date commenced (ideally before Apr 2007) - Jan 2013
• Approx balance - £588
• Date last paid (approximate date you last made a FULL payment) - March 2013
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - PRA Group

RECEIVED - Countless letters from PRA Group - no action taken so far but under advice I have sent a CCA to the DCA.

SENT - SAR Request 22/6/2018 to QQ/P2P via email

RECEIVED - Response to SAR Electronically

SENT - CCA Request 25/6/2018 with statutory £1 fee marked for CCA to PRA Group

RECEIVED: Response to CCA request, stating they consider debt unenforceable until they receive other documentation. Like the QQ CRA contains incorrect dates and odd amounts that don't tally up.

[Joanna Connolly Solicitors]

• Type of account - Store Card (Argos)
• Date commenced (ideally before Apr 2007) - March 2011
• Approx balance - £275
• Date last paid (approximate date you last made a FULL payment) - Unsure
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Lowell

Was this a 'Buy Now Pay Later' card maybe opened in store?

Did you incur any Late Payment Fees charged at over £12 which may be due a refund?

Thousands of Argos store card holders were overcharged so check to see if you might have been one. Apparently the refunds may cost Home Retail Group a total of £30 million.

Read this > https://www.mirror.co.uk/money/argos...h-late-8151997

You opened the account in March 2011 but do you know when it was assigned to Lowells?

Di

[Shotley]

Was this a 'Buy Now Pay Later' card maybe opened in store?

Did you incur any Late Payment Fees charged at over £12 which may be due a refund?

You opened the account in March 2011 but do you know when it was assigned to Lowells?

Di

Hi Di,

I opened the account online. While I'm unable to find any paperwork I am nearly 100% certain there were many late charges added to that account.

I will send an SAR request to Argos and hopefully I'll get the answers I need in that bundle

[Joanna Connolly Solicitors]

• Type of account - PayDay Loan - QuickQuid
• Date commenced (ideally before Apr 2007) - Jan 2013
• Approx balance - £380
• Date last paid (approximate date you last made a FULL payment) - April 2013
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - MMF/Lantern

You've sent a s77-79 CCA Request to MMF/Lantern.

I would also make an "affordability" complaint to QuickQuid (original lender) which you can escalate to the FOS.

Since you have received a 'Letter Before Claim' from Moriarty Law you need to respond to that before the end of the 30 day deadline or they will issue a claim.

If MMF/Lantern don't comply with your CCA Request you can tick Box D which is for disputed debts making them aware of the non-compliance issue. Then go to Box I where you can ask for the Default Notice and the Notice of Assignment.

Hopefully they will back off and not issue a claim when they see that due to the size of the debt (£380) but Moriarty law are trigger happy with claims.

Di

[Joanna Connolly Solicitors]

• Type of account - Credit Card (Vanquis)
• Date commenced (ideally before Apr 2007) - March 2012
• Approx balance - £519
• Date last paid (approximate date you last made a FULL payment) - Unsure
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Lowell

Not had contact on this in a while, but it’s on my credit file so adding it here now so we can pursue it

SENT - CCA Request 25/6/2018 with statutory £1 fee marked for CCA

You've sent your s 77-79 CCA Request to Lowells for this one which is a good start.

Did you have Repayment Option Plan on the Vanquis credit card? It wasn't always obvious.

The FCA has fined Vanquis £1.9 million and ordered them to pay £169 million pounds restitution to customers who had missold ROP so it would be helpful if you were one.

Read this from the FCA> (ROP). https://www.fca.org.uk/publication/f...mited-2018.pdf

Vanquis was the original lender but if they've assigned the debt to Lowells based on a disputable figure then this could cause Lowells a problem.

So send a SAR/GDPR Request to Vanquis to get the backstory.

Di

[Joanna Connolly Solicitors]

• Type of account - PayDay Loan - Pounds2Pocket
• Date commenced (ideally before Apr 2007) - Jan 2013
• Approx balance - £588
• Date last paid (approximate date you last made a FULL payment) - March 2013
• Are you on arrangement or not paying - Not Paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - PRA Group

RECEIVED - Countless letters from PRA Group - no action taken so far but under advice I have sent a CCA to the DCA.

SENT - SAR Request 22/6/2018 to QQ/P2P via email

RECEIVED - Response to SAR Electronically

I assume you mean you sent your s 77-79 CCA Request to PRA (the debt owner) not to a DCA (a third party debt collection agency).

I would also make a formal complaint of "affordability" to Pounds2Pocket which you can progress to the FOS if necessary.

Di

[Shotley]

Thank You Diana Mayhew.

As far as I am aware, there is no PPI or charges on the vanquis card that I can reclaim. However, I will send an SAR to Vanquis to get my file and that should highlight any mis-selling of PPI or other fees that we could look to claim back.

As for the PayDay Loans - I have lodged an affordability complaint via email and await a response from that.

The Lowell ones do worry me however. I have sent you a copy of the document I received from the court with another Lowell account and I am terrified that they'll push through with that out of spite for me simply querying the other two accounts with them.

Time will tell though.

[Shotley]

Hi All

I got back from my Holidays, very refreshed and ready to take these barstools head on!. In my mail there were two responses to my CCA requests from both PRA Group and Motormile/Lantern. I've updated the diary but will elaborate further here: Two different outcomes:

PRA GROUP

PRA have sent what I believe is a reconstituted agreement. However, they say they are unable to provide all relevant documentation and therefore deemed the debt Unenforceable..for now. They are apparently asked for further information and have even been kind enough to send my £1 postal order back to me.

There is an interesting twist to this, the agreement sent to me is factually incorrect.

Motormile/Lantern/Moriarty Law

Motormile have sent me an agreement that they consider to be 'enforceable' - not sure how to proceed now with regards to the Letter Before Action received from Moriarty Law. Interesting fact though, the Credit Agreement lists the payments to be made. Looking at Payments that were made to them, they not only helped themselves to MORE than the agreed amount, they took an extra payment.

Perhaps Diana Mayhew could help me fathom out where to go next with this one? I have only a few days to respond to the Letter Before Action.

As I was typing this the postman delivered another letter from Moriarty Law indicating that if I don't reply within 16 days from now they will begin action!!

[Shotley]

Hi All,

Can anyone give me any idea on how to progress with Moriarty? Since they've sent the CCA and consider it enforceable, how should i respond now to the Letter Before Action? Obviously I had expected them to not send the CCA on time allowing me to tick box C, (although I'm still not convinced that the CCA is valid), but I've now got to take another approach. Any help would be appreciated

Thanks

[The Tech Clerk]

of course they will consider it enforceable why should they not? has Niddy seen the CCA they sent? and state unenforceable/enforceable? if not send it with no crossing out and he will advise :-you

webmaster@all-about-debt.co.uk send to him for checking:-

[Joanna Connolly Solicitors]

Can anyone give me any idea on how to progress with Moriarty? Since they've sent the CCA and consider it enforceable, how should i respond now to the Letter Before Action? Obviously I had expected them to not send the CCA on time allowing me to tick box C, (although I'm still not convinced that the CCA is valid), but I've now got to take another approach.

Is it possible re-quote your original diary post with these updates to help to put things in context. (It also saves having to read back through the whole thread each time ).

What is the date on the Letter Before Claim so you can calculate the 30 day deadline?

Depending on the history of this account you may decide to tick Box D which is disputing the debt and then Box I asking them for more information (such as a Default Notice and/or a Notice of Assignment).

If you've received a credit agreement then you should email it to Niddy for an opinion on it's enforceability (as TTC has said).

Did you make an unaffordabilty complaint to the original PDL lender as I previously suggested (assuming I've got the right debt) ?.

Di