sunnylolly - Diary

[sunnylolly]

First Direct Credit Card
Date commenced 30/7/10
Balance £16219.84
Date last paid 12/4/18 minimum payment
Have not paid May and June
Arrears two months £954.99
Account owner First Direct

Communication

Our main current account is with First Direct and is a joint account so my Husband spoke to them on the phone roughly a week ago and explained cash position, current account and both our credit cards they agree to freeze interest and charges for 3 months and wanted a £1 per month payment. They pushed hard for an income and expenditure on the phone which he said he couldn't do at that time they want a call back within the month with this information. We haven't paid the £1 yet as wasn't sure when to pay it etc.,
Letter sent in response to them requiring signature to comply with CCA request - received and signed by FD 29/8/18

Received

18/6/18 letter and a Default Notice requiring payment of arrears by 10/7/18 - in phone call above to Husband they said ignore the default notice as he had spoken to them and made arrangements.
18/7/18 credit card statement balance £16451.24

Letter dated 15/8/18 returning copy of my CCA request letter as it is unsigned and they are unable to respond. Asking me to sign and return the letter and they will then provide the information. They have also kept £1 postal order.
22/8/18 statement requesting voluntary payment which is higher than the overdue payment. Plus an Arrears information sheet.

4/9/18 2nd letter refusing to provide CCA without a signature.

7/9/18 letter dated 6/9/18 pointing out they have not received reply to their letter of 3/9/18 and as such are still unable to verify recent correspondence is from me. Clearly they know it is if they are sending this letter! In order to respond they want a phone call! and they will get back in touch on or before 19/9/18. I think this is a ploy to get us to ring them?

27/12/18 Final demand (still no copy of agreement)

22/1/19 Statement

29/1/19 letter advising they have tried to make contact via email to say statement available but email returned, want us to contact them.

23/2/19 Letter from HSBC dated 18/2/19 advising transfer of account to HSBC Repayment Services.

2/3/19 Letter from Moorcroft advising they will be in contact or we can contact them.
6/3/19 Letter from HSBC advising account transferred to Moorcroft.
15/3/19 Letter from Moorcroft wanting contact
1/4/19 Letter from Moorcroft with monthly instalment offer.
18/4/19 Letter from Moorcroft wanting contact to agree repayment plan or discount so can be debt free!!
1/5/19 Letter from Moorcroft with a discount offer
25/5/19 Letter from Moorcroft who are reviewing next steps for account
5/7/19 Letter from HSBC to advise account has been transferred to Wescot Credit Services Limited
11/7/19 Letter from Wescot asking for contact
18/7/19 strange little letter from Wescot headed important reminder to get in touch, was a folded perforated note like a payslip/cheque
24/7/19 Letter from Wescot to advise they have carried out additional checks (credit check I believe) to establish correct address details. Want urgent contact.
2/8/19 letter from Wescot dated 31/7/19 with a reduced settlement offer if don't take this up they are instructed to continue seeking recovery of full balance
18/8/19 Letter from Wescot wanting contact
13/12/19 Letter from CST chasing debt.
16/12/19 Letter from HSBC to advise account referred to Credit Security Limited.
3/1/20 Letter from CSL chasing payment
30/1/20 Letter from CSL chasing payment
27/4/20 Letter from CSL advising temporary pause on all debt recovery activities due to Coronavirus.
18/5/20 Letter from Credit security received 22/5/20 despite letter above and Coronavirus still ongoing, giving 10 days to get in touch.

[sunnylolly]

Tesco Bank Credit Card
Date commenced 1/3/11
Balance £3604.50
Date last paid 15/6/18 minimum payment £96.35
Will not make July payment
Status up to date
Account owner Tesco Bank

Communication

Sent

Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this.

No CCA request sent yet.

17/11/18 CCA request sent - response received requesting correct signature.

Received
Nothing yet as up to date at this point.
26/7/18 Default sum notice and credit card statement.
Constant phone calls to our work line, which are being ignored as we recognise the number
Letter dated 10/8/18 advising over credit limit and need to make payment.
23/8/18 Letter accepting my breathing space request, action deferred for 30 days to prepare I&E. At least their calls have stopped!
26/8/18 Default Sum Notice
Statement dated 26/8/18
28/8/18 Letter re account in arrears
26/9/18 Persistent debt letter
26/9/18 Default Sum
26/9/18 Statement
2/10/18 Letter requesting payment
8/10/18 letter requesting phone call
26/10/18 Default Notice
26/10/18 Notice of Sum in Arrears
26/10/18 Default Sum Notice
26/10/18 Statement
22/11/18 Credit card account terminated
26/11/18 Statement
6/12/18 Refusal to provide CCA due to signature not matching (electronic signature used) - will follow up with another letter.
14/1/19 Letter from Tesco to advise debt passed to Moorcroft Debt recovery - in view of this have not sent follow up letter for CCA as above as assume will now have to request from Moorcroft at some point.
23/1/19 Letter from Moorcroft Debt Recovery to advise they are collecting the debt and will be in touch in the next 7 days.
1/2/19 letter from Moorcroft wanting payment proposal before 8/2/19 to prevent possible further debt recovery action.
15/2/19 letter from Moorcroft with an offer to pay monthly!
1/3/19 Letter from Moorcroft advising passed to Home Collections Division for action who may call at house.
23/5/19 Letter from Moorcroft with discount offer
17/7/19 Letter from Tesco advising passed to Wescot.
7/8/19 red letter from Wescot advising they have conducted additional checks to establish correct address and want contact to agree a way forward.
13/8/19 Wescot offering reduced settlement
1/9/19 Letter from Wescot wanting contact
12/9/19 Letter from 2F confirming they have checked and found out we live at the address they are sending letters to!!
? Payslip undated whilst we were away, think relates to this but is very vague and sly reference 2F
20/12/19 Letter from Robinson Way wanting contact.
9/3/20 received 12/3/20 Letter from Robinson Way wanting contact and advising ignoring them isn't the answer!



**Constant phone calls still to work line, which I think is automated when it is answered. How can I stop them phoning the work number? Do I need to write and ask them to communicate in writing only?**

[sunnylolly]

Ratesetter Loan
Date commenced 30/11/15 48 months
Balance approx £4847.76
Date last paid 30/4/18 £269.32 monthly instalment
Status - arrears 2 months as of 25/7/18
Account owner Ratesetter

Edit - this is an odd one because it was connected to our business but in my Husband's name so I don't know if consumer credit act applies but if it is in his name personally I think it should so I will still send a cca request and see what comes back.

Communication
Sent
Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this.

CCA request sent and received by them - confirmed as enforceable.

Received

Phone calls and texts. letter dated 27/6/18 asking to get in touch.
Letter dated 4/7/18 received 7/7/18 request to get in touch and Notice of Sums in Arrears.
25/7/18 letter requesting contact.
Lots of texts.
14/8/18 Response to CCA request stating that the loan is a non commercial peer to peer loan agreement and the sections of the Consumer Credit Act I quoted do not apply so they are not bound to provide the information, however in order to assist they have provided the agreement and returned the £1 postal order. I have emailed all of this to the address provided in the forum in the hope it can still be checked so I have a definitive answer. I am assuming it will be enforceable but thought best to check.
22/8/18 arrears letter, advising default notice on 2/8/18 has expired and they are terminating the agreement and calling in the full balance which has increased a fair bit. 7 days to respond or account may be referred to their external debt collectors.
I am confused as to why some elements of consumer credit act appear to apply and others don't with this one.
20/12/18 Annual statement
4/1/19 Notice of Sums in Arrears
4/7/19 Notice of Sums in arrears.
20/12/19 annual statement
6/1/20 notice of sums in arrears
5/3/20 arc europe wanting payment and threatening court action
19/3/20 arc europe letter to say they are advising court action

[sunnylolly]

Current Account Overdraft
Date commenced Not sure but account opened in 1997 in my maiden name, I am sure I did not have overdraft then though,
Balance £1005.45 (limit is £1000)
Account owner First Direct

Communication

Husband spoke about a week ago and they said they would let overdraft run.
27/7/18 Letter regarding overdraft now at £1074.75 due to fees for unassigned.

Letter dated 11/8/18 to us both individually to advise they can no longer offer banking facilities and are giving 2 months notice that they will close accounts and overdraft should be repaid by that date.

27/8/18 Summary of interest and charges

**Do I send a CCA request for the overdraft or wait until the account is closed and they chase payment?**

23/2/19 Letter from HSBC Repayment Services dated 18/2/19 advising transfer of account to HSBC Repayment Services.

21/2/19 Letter from First Direct dated 14/2/19 with password to open PDF file via email containing transaction history list, sent to both Hubby and I. Email only received by me.

7/3/19 Letter to each of us from HSBC wanting contact.
27/3/19 Letter to each of us from HSBC wanting contact.
20/4/19 Letter to each of us from HSBC wanting contact.
28/5/19 Letter to each of us advising account transferred to Moorcroft.
30/5/19 Letter to each of us from Moorcroft advising will be in contact
8/7/19 Letter to both of us addressed jointly wanting contact to pay monthly instalment offer.
5/8/19 Letter to both of us addressed jointly, but just written to me with a discount offer
29/8/19 As above but advising they are reviewing account to consider next steps.
10/10/19 letter from HSBC advising account transferred to Wescot
13/10/19 letter from Wescot advising taken over account collection
16/10/19 letter from Wescot advising taken over account collection.
17/10/19 letter from HSBC advising account transferred to Wescot
23/10/19 letter from Wescot to say have checked and confirmed address.
2/11/19 letter from Wescot offering 40% discount
4/5/20 received 12/5/20 letter to myself and Hubby advising HSBC have sold debt to Cabot Financial (UK) Limited on 28th April 2020.
4/5/20 received 12/5/20 Letter from Cabot Financial advising account has a new home and Cabot have bought debt from HSBC and giving options for payment.
20/5/20 received 26/5/20 letter from Cabot to set up a payment plan.

[sunnylolly]

Phew that took longer than I thought, hopefully I have got everything down. We have the threat of some personal guarantees on the business, I am assuming that is outside the scope of this forum so shouldn't be included? Many thanks.

[Joanna Connolly Solicitors]

M&S MasterCard Credit Card - formerly Chargecard/Store card think a new card just turned up as a credit card one day.
Date commenced - 25/6/97
Balance £13276.98
Last paid 30/4/18 £309.75 minimum payment
Have not been able to pay May or June minimum payment due to no income from business
Status - Credit report from Noddle today 1/7/18 shows up to date.
Account owner M&S Bank

Correspondence
Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this. No response to that letter but 2 letters dated 20th June requesting phone calls. Ignored at this point.

This one has immediately caught my eye

From what you say this was a M&S store card which may have been 'upgraded' to a credit card without any further contract/credit agreement signed etc.

I won a case in court with a similar legal scenario.

Read my judgment in this link > http://news.bbc.co.uk/1/shared/bsp/h...wjudgement.pdf

Have you sent a s 77-79 CCA Request to M&S? If not then I suggest you do that now.

Di

[sunnylolly]

Hi Di, sorry only just seen your response. Very interesting reading. Yes I think this was similar, at the time M&S didn’t take credit cards only their store card. I think when they started accepting credit cards is the time they turned the store card in to a credit card. I’m pretty sure it just turned up as a replacement. I haven’t done anything with any of these yet was waiting for some advice. If you think this one is s good place to start with I will definitely do that. I’ll find the template and get letter sent. Thank you.

[sunnylolly]

https://www.telegraph.co.uk/finance/...alty-card.html

They started taking credit cards in 2000 and launched their own in 2003.

[Still Waving]

Hi

I would also suggest sending CCA74 requests to - at least - all the other pre-2007 ones, initially. The post-2007 ones you could send a little later.

Other folk may suggest sending the requests for all of them now. When all the replies are in you will have a clearer picture of how you stand.

[sunnylolly]

Afternoon everyone, I am trying to update this on a weekly basis each weekend unless anything urgent comes in beforehand. Had a few letters this week and I am using the method of dating the envelope and stapling to the letter. Sorry can't remember who to thank for that but it is a great system thank you. I am then starting individual folders.
I have downloaded the CCA request and am going to send to M&S, as Di has suggested - I notice the tamper proof signature strip, do I just sign normally over this?
I am not sure where to go with the others now, is it worth sending them all a CCA request now to have an idea of my position? or is there any advantage in leaving for a while?
What should I do about Income and Expenditure requests? I have written to most of these and asked for 3 months to get all the information together but haven't had responses from all yet, should I hold out for them?
I am still not in a position to pay anything. My initial plan was to try and get them all to hold off for 3 months whilst we out the house on the market and see what my financial position would look like. So I suppose if I sent all the CCA requests I would at least potentially have an idea which ones were unenforceable and take it from there?
Sorry for all the questions, any advice appreciated.
Happy Sunday

[cymruambyth]

Do not fill in any I&E forms, courts are the only people who need these filled.

If you send CCA requests it will give you breathing space and you may find that some of the debts are not enforceable if you want to try going down that route. Whilst the CCA requests are outstanding the debts are not enforceable and needn’t be paid.

Do not speak to anyone by phone, you need a paper record. If you get phone calls, send the phone harassment letter from our template section.

Good luck and keep posting for guidance as AAD has a very successful system for dealing with your situation.

[Still Waving]

In addition, don't be panicked into putting your house on the market. That is a major decision, and you need to be sure to be doing for the right reasons. In any event, there is no telling how long it would be on the market, so is not necessarily a quick fix. Take your time to establish where you stand, and to formulate the optimal plan for your situation.

[MisterK]

Agree with SW. Take your time and don't even think about paying UE debts from house equity. If any of these turn out to be enforceable then you can also do much better for yourself with these by following the guidance from here. Good luck, time is on your side more than you might think, this way you take control.

[Joanna Connolly Solicitors]

Had a few letters this week and I am using the method of dating the envelope and stapling to the letter.

. . . I have downloaded the CCA request and am going to send to M&S, as Di has suggested - I notice the tamper proof signature strip, do I just sign normally over this?
I am not sure where to go with the others now, is it worth sending them all a CCA request now to have an idea of my position? or is there any advantage in leaving for a while?

. . . So I suppose if I sent all the CCA requests I would at least potentially have an idea which ones were unenforceable and take it from there?

I can see you've updated all your individual posts which is helpful.

I'll take a look at each one tomorrow and make suggestions since no two debts are alike so they need to be treated in a bespoke rather than general way.

I see your Husband has spoken to some and agreed things. Perhaps it's best to ask him not to talk to anyone - everything needs to be in writing from now because you'll need a paper trail for the file, and to avoid revealing 'too much information' by accident over the phone.

As for the anti tamper strip, I personally think you can sign digitally (in a computer font) at the bottom of your s77-79 CCA Request.

Di

[sunnylolly]

Hi everyone, a belated thank you for all the advice and responses so far. I’m just wondering if there is any further advice on sending off for copies of agreements on all our other debts or if there is something else I should do instead? I’m just wondering whether to stock up on postal orders tomorrow?
I think my initial plan is to see which ones are enforceable and which aren’t so I know what I’m dealing with. Unless there is a better course of action at this stage.
It feels a little bit unnerving to be doing nothing.
Thanks again.