sunnylolly - Diary

[Warwick65]

If you have a copy of the cca request you sent then keep it. You then have evidence you sent one. Also keep the letter attached to the returned postal order.

This is why I always cross reference letters with postal orders I. E please find enclosed cheque/postal order number...

[sunnylolly]

If you have a copy of the cca request you sent then keep it. You then have evidence you sent one. Also keep the letter attached to the returned postal order.

This is why I always cross reference letters with postal orders I. E please find enclosed cheque/postal order number...

Hi, yes I will thank you and good tip about the cross reference, I will do that on any more I send.
Thank you.

[sunnylolly]

Capital One Credit Card
Date commenced - 13/4/01
Balance £9539.08
Last paid - 25/4/18 £223.84 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 Capital One

Correspondence

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 10/8/18 - no response received as of yesterday post 22/8/18

Received
No response to letter sent 20/6/18
Letter received 27/6/18 offering to help me get back in control of my finances! Requesting me to complete an income and expenditure form and they will offer me a plan, have to respond within 30 days or complete over the phone. I am not keen on doing either and have not responded yet.

dated 27/6/18 received 2/7/18 confirming balance £9539.08

dated 3/7/18 received 7/7/18 Notice of Sums in Arrears.

Agreement received and sent to Niddy who advises Enforceable.

31/8/18 Letter to advise I will permanently lose use of card if I don't pay or agree payment by 26/9/18
7/9/18 letter dated 3/9/18 Notice of Sums in Arrears including FCA arrears information sheet. Letter also shows a payment of £1 to my account on 16/8/18 which looks like the £1 postal order I sent for CCA request.

As above, Capital One look to have used the £1 postal order against my debt, is that okay or do I need to do anything? Not sure if it is significant or not.

[The Tech Clerk]

no not to apply to account - it is a regulatory request and can not offset an account payment - complain?

[MisterK]

If they have applied the £1 postal order to your debt and you sent a formal CCA request with it then that's just fine, they are in breach and so this is UE. Just make sure it's all fully documented so you can trot it out should it ever be necessary. You don't need to send the request again and probably shouldn't do so. It's now unlikely you will receive an agreement of any kind as they will think they have dealt with your letter by applying the £1 to your account.

Neither should the £1 credit make any difference to the SB date because your request would have specifically stated that the postal order should not be applied to your account. It's important to keep all that documentation.

[MisterK]

Just to add to that and my apologies, I didn't read all the history. It seems that as well as the £1 being credited to your account you had previously received the agreement which Niddy declared enforceable.

So it's not UE after all which would be the case if you heard nothing more about it. The only problem that the £1 credit might then cause is to affect the SB date, but that wouldn't be a problem if you'd sent the formal CCA request which says that the £1 shouldn't be used for any other purpose. As the CCA request was actually complied with it might not be a problem with the SB date even if you hadn't used that wording.

Looking back through the diaries, I think it's more often than not that when they credit the £1 to your account you then don't hear any more about it, which is what happened with one of mine.

But as you'll already know from the diaries, just because you've had an enforceable agreement it is a very very long way from the end of the road. What you want now is for the account to be sold on a couple of times and for the agreement not to be found in the future. Not only that but as has been said many times an enforceable agreement does not mean an enforceable debt as there are many other things that the creditor could have got wrong.

[Joanna Connolly Solicitors]

as has been said many times an enforceable agreement does not mean an enforceable debt as there are many other things that the creditor could have got wrong.

I couldn't agree more with that statement, for obvious reasons

Di

[MisterK]

Absolutely Di, the message is one of yours and very well worth the repeating of....

[sunnylolly]

[QUOTE=sunnylolly;n1512038]Nationwide credit card
Date commenced 16/4/09
Balance £11053.29 (strangely had a credit limit increase a few months ago which surprised us as credit limit poor and have only made minimum payments on all cards for a long time now)
Date last paid 11/6/18 £331.08 minimum payment
Status up to date but won't be able to pay July.
Account owner Nationwide credit card services

Communication

Sent

7/8/18 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.

Have not sent CCA request yet.

17/11/18 - CCA request sent - no response to date (20/12/18)

Received

17/7/18 letter advising late payment and over credit limit.
17/7/18 Credit card statement Balance now £11477.54
13/8/18 letter advising they will allow a period of 'breathing space' as per letter sent above. They have stopped collections activity for 30 days from letter date. Have included an I&E they want completing and for us to make contact within the 30 days to advise of payment plan etc.,
17/8/18 Notice of Sums in Arrears
17/8/18 Letter re paying more in interest, charges and fees than repayments over past 18 months (credit limit increase @ May 2018)
17/8/18 Statement
17/9/18 Statement
27/9/18 Default Notice
17/10/18 Statement
17/10/18 Notice of Sums in Arrears
23/10/18 Demand for payment
10/11/18 Letter offering opportunity to pay off debt at a one off discounted sum
10/11/18 Letter requesting payment proposal and stating they will consider any offer of payment.
17/11/18 Statement
20/11/18 Final Notice
17/12/18 Letter advising account transferred to Shoosmiths Solicitors and to communicate directly with them.
5/1/19 Letter from Shoosmiths advising if we don't agree suitable terms of repayment they are instructed to issue court proceedings with a view to obtaining a CCJ but their client would prefer to reach an agreement for payment rather than issue court proceedings they state the balance is owing under the terms of a written agreement dated on or around 16th April 2009 and we can request a copy of the agreement etc etc and they want the reply form and financial statement completed and returned 30 days from date of the letter (letter date 2/1/19)[/QUOTE]

Anyone any experience with Shoosmiths, do I do anything yet or wait and see what they do next? As far as I can see I don't have a copy of the agreement from Nationwide yet.
Many thanks

[sunnylolly]

The following are in my Husband's name so I hope it is okay to include with mine:

MBNA credit card
Date commenced 3/8/05
Balance £8744.34
Date last paid 23/3/18 minimum payment £270.59
Have not paid April, May and June
Status arrears £828.42
Account owner MBNA

Communication

Sent

Husband spoke to them and explained situation, they pushed hard for Income and Expenditure on the phone he said he couldn't at that time, they agreed to 1 month freeze on interest and charges and no action but wanted a call back with income and expenditure which he has not done but we sent a citizens advice template letter explaining cashflow position further, 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 on 9/8/18 - no response as of yesterday 22/8/18
Agreement sent to Niddy UE!!!

Received

dated 27/6/18 received 2/7/18 request to complete I&E
25/7/18 Notice of Sums in Arrears with FCA leaflet
30/7/18 letter reference 3 missed payments and requesting a payment.
dated 6/8/18 advising of 4 missed payments and asking to contact them so they can help. They sent an I&E form for completion
23/8/18 Copy of paperwork as per CCA request received - emailed in this morning to be checked.
27/8/18 Statement
31/8/18 Letter advising 5 payments behind and wanting payment etc.,
7/9/18 Letter date 4/9/18 issuing Default Notice served under Section 87(1) of Consumer Credit Act 1974 and threat of further action if don't pay.
20/9/18 letter re payments over 18 months etc.
24/9/18 Notice of sums in arrears
24/9/18 Statement
24/10/18 Statement
12/11/18 agreement terminated letter
December 2018 change of terms and conditions
8/1/19 letter from PRA Group to advise they have purchased the outstanding balance from MBNA with effect from 20/12/18 and they will be in touch to understand current circumstances to reach a suitable outcome etc.

Should I do anything with regard to letter from PRA group? Niddy has advised agreement UE.

Many thanks

[Joanna Connolly Solicitors]

[QUOTE=sunnylolly;n1519956]

Nationwide credit card
Date commenced 16/4/09
Balance £11053.29 (strangely had a credit limit increase a few months ago which surprised us as credit limit poor and have only made minimum payments on all cards for a long time now)
Date last paid 11/6/18 £331.08 minimum payment
Status up to date but won't be able to pay July.
Account owner Nationwide credit card services

. . . . .

17/11/18 - CCA request sent - no response to date (20/12/18)

. . . . .

17/12/18 Letter advising account transferred to Shoosmiths Solicitors and to communicate directly with them.

5/1/19 Letter from Shoosmiths advising if we don't agree suitable terms of repayment they are instructed to issue court proceedings with a view to obtaining a CCJ but their client would prefer to reach an agreement for payment rather than issue court proceedings they state the balance is owing under the terms of a written agreement dated on or around 16th April 2009 and we can request a copy of the agreement etc etc and they want the reply form and financial statement completed and returned 30 days from date of the letter (letter date 2/1/19)[/QUOTE]

Anyone any experience with Shoosmiths, do I do anything yet or wait and see what they do next? As far as I can see I don't have a copy of the agreement from Nationwide yet.

That sounds like a Letter Before Claim.

Does it include several pages with Boxes A to D and an Income & Expenditure section to complete?

If it is (a LBC) then tick Box D stating you dispute the debt because of non compliance with your CCA Request.

That's all.

Di

[Joanna Connolly Solicitors]

[/B]

Should I do anything with regard to letter from PRA group? Niddy has advised agreement UE.

Nope, there's nothing you need to do.

Di

[sunnylolly]

[QUOTE=Diana Mayhew;n1519960]

That sounds like a Letter Before Claim.

Does it include several pages with Boxes A to D and an Income & Expenditure section to complete?

If it is (a LBC) then tick Box D stating you dispute the debt because of non compliance with your CCA Request.

That's all.

Di

Hi Di,

Thanks for such a quick response. Yes that is exactly the form, it asks for a signature on this form is it okay to sign? Very wary about signing anything these days!

It does not say it is a Letter Before Claim so I am appreciate your advise and will get that sent off.

Many thanks

[sunnylolly]

Nationwide credit card
Date commenced 16/4/09
Balance £11053.29 (strangely had a credit limit increase a few months ago which surprised us as credit limit poor and have only made minimum payments on all cards for a long time now)
Date last paid 11/6/18 £331.08 minimum payment
Status up to date but won't be able to pay July.
Account owner Nationwide credit card services

Communication

Sent

7/8/18 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.

Have not sent CCA request yet.

17/11/18 - CCA request sent - no response to date (20/12/18)

Received

17/7/18 letter advising late payment and over credit limit.
17/7/18 Credit card statement Balance now £11477.54
13/8/18 letter advising they will allow a period of 'breathing space' as per letter sent above. They have stopped collections activity for 30 days from letter date. Have included an I&E they want completing and for us to make contact within the 30 days to advise of payment plan etc.,
17/8/18 Notice of Sums in Arrears
17/8/18 Letter re paying more in interest, charges and fees than repayments over past 18 months (credit limit increase @ May 2018)
17/8/18 Statement
17/9/18 Statement
27/9/18 Default Notice
17/10/18 Statement
17/10/18 Notice of Sums in Arrears
23/10/18 Demand for payment
10/11/18 Letter offering opportunity to pay off debt at a one off discounted sum
10/11/18 Letter requesting payment proposal and stating they will consider any offer of payment.
17/11/18 Statement
20/11/18 Final Notice
17/12/18 Letter advising account transferred to Shoosmiths Solicitors and to communicate directly with them.
5/1/19 Letter from Shoosmiths advising if we don't agree suitable terms of repayment they are instructed to issue court proceedings with a view to obtaining a CCJ but their client would prefer to reach an agreement for payment rather than issue court proceedings they state the balance is owing under the terms of a written agreement dated on or around 16th April 2009 and we can request a copy of the agreement etc etc and they want the reply form and financial statement completed and returned 30 days from date of the letter (letter date 2/1/19)
12/2/19 Letter from Shoosmiths with copy of credit agreement, including first and last statement issued. Wanting I&E and payment proposal within 14 days failure may result in legal action.

Agreement confirmed today by Niddy as being UE without terms.

Hi in view of the UE agreement please can someone advise what I should do about the Shoosmiths letter wanting repayment proposal in 14 days? Do I continue to ignore?

Many thanks

[Warwick65]

Hi
This is a large debt and taken out post 2007. The agreement being UE is easily corrected so you will need to look at other options.Have you been in touch with Diana Mayhew? (Other legal representation is available :-) )

I would be taking some legal advice at the moment - forewarned is forearmed and all that
Diana Mayhew