sunnylolly - Diary

[sunnylolly]

Warwick65 Hi, thank you for replying. Yes it is a bit worrying, hopefully Di can offer some advice or where best I can go to for legal advice.

[Warwick65]

Warwick65 Hi, thank you for replying. Yes it is a bit worrying, hopefully Di can offer some advice or where best I can go to for legal advice.

I was joking when I said other representations etc- personally I would not go elsewhere . Jo,Di and Co are great

[sunnylolly]

First Direct Credit Card
Date commenced 15/7/10
Balance £8878.09
Date last paid 12/4/18 minimum payment £263.79
Have not paid May and June
Status arrears of £522.61 (2 months)
Account owner First Direct

Correspondence

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 action CCA request - received by FD and signed for 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 Statement balance £9002.72
26/7/18 letter advising account is £788.89 delinquent and notice to close all accounts (we have a credit card each and a joint current account we use neither anymore) They want a conversation to discuss our financial difficulties and a Personal Budget Plan prior to the call within 7 days or we will have two months notice to close accounts.

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.

**As M&S above should I send next letter**

22/8/18 statement showing overdue payment of just over £1000 with a voluntary payment option of around £1300 which is also the minimum payment.
20/8/18 letter wanting voluntary payment/minimum payment and highlighting how little I have paid blah blah
17/9/18 Statement
18/10/18 Statement
18/10/18 all accounts with First Direct closed
16/11/18 Statement
14/12/18 Statement
27/12/18 Final demand (still no agreement received)
22/1/19 Statement
6/2/19 Statement with zero balance owing, statement is showing as savings account with credit card balance debited and then credited with reference WOFF TO HSBC RS. Also received welcome pack for a savings account opened in my name dated 6/2/19.

Does anybody know what this savings account could be? It looks as though credit card balance transferred in to it as a debit then a credit with the reference WOFF TO HSBC RS. Puzzled and wondering if it means it is in another 'debt' account somewhere. I have had no communication on this transfer prior to this. My Husband has also received the same savings account welcome pack.

[nightwatch]

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

I would be tempted to ignore and see what they send next. xx

[sunnylolly]

I was joking when I said other representations etc- personally I would not go elsewhere . Jo,Di and Co are great

Warwick65 yes I would feel much more comfortable using Di and Co, thank you.

[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)
8/2/19 letter advising unable to comply with CCA request made by me 17th November 2018 due to not signing letter of authority, returned £1 PO
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.

I have just realised there are a load of follow up letter templates! Doh! So I think I should send the letter referring to lack of prescribed terms and see what happens. I am conscious that the 14 day deadline is close now so I think I will get this letter away over the weekend, even if it just buys more time.

Unless anyone thinks this is the wrong thing to do? Hopefully as I follow this one through I will know more what to do with the others!

Cheers and Happy Friday!

[The Tech Clerk]

why do you want them to find them at this stage???

[sunnylolly]

The Tech Clerk Oh I don't know, is that a bad idea? I am just not sure what to do next as they have issued a letter before action and I resent CCA request which resulted in them sending an agreement which Niddy says is UE as no terms but they want a payment plan proposed in 14 days and I was worried about not responding! Would you just ignore that 14 day deadline? Many thanks

[Roger]

The Tech Clerk Oh I don't know, is that a bad idea? I am just not sure what to do next as they have issued a letter before action and I resent CCA request which resulted in them sending an agreement which Niddy says is UE as no terms but they want a payment plan proposed in 14 days and I was worried about not responding! Would you just ignore that 14 day deadline? Many thanks

Yes just ignore. I know it seems hard BUT your must not give them the opportunity to turn the UE into EN!
Wait and see what they do next.

[nightwatch]

Hi Sunny, just so you know, Nationwide sent me two copies of a signed direct debit mandate as a reply to my CCA request
I sent the missing proscribed terms letter and they said I had been Sent everything they have on file. So no t+c.
they still say it's enforceable, recently sold to Cabbot

[sunnylolly]

Roger thank you both, I will wait for their next move and report back.

[Joanna Connolly Solicitors]

I am just not sure what to do next as they have issued a letter before action and I resent CCA request which resulted in them sending an agreement which Niddy says is UE as no terms but they want a payment plan proposed in 14 days and I was worried about not responding! Would you just ignore that 14 day deadline?

I can't see any post on this thread advising you to send a new s 77/79 CCA Request to Nationwide so I'm not sure why you did that when your original CCA Request had not been complied with so your legal position was probably protected.

Have you been sent new/different documents in response to your latest CCA Request or are they the same ones which Niddy said were unenforceable in the past?

My suggestion is to send a Subject Access Request to the Nationwide so you've got the full history of this debt.

As others have said nothing is gained by responding to Shoosmiths Solicitors with a template letter making them aware of any perceived flaws in their legal stance.

Di

[sunnylolly]

I can't see any post on this thread advising you to send a new s 77/79 CCA Request to Nationwide so I'm not sure why you did that when your original CCA Request had not been complied with so your legal position was probably protected.

Have you been sent new/different documents in response to your latest CCA Request or are they the same ones which Niddy said were unenforceable in the past?

My suggestion is to send a Subject Access Request to the Nationwide so you've got the full history of this debt.

As others have said nothing is gained by responding to Shoosmiths Solicitors with a template letter making them aware of any perceived flaws in their legal stance.

Di

Diana Mayhew thank you for replying, I am so sorry I have only just seen it. You advised me to send the CCA request to Shoosmith as they had sent a Letter before action. I did that and they supplied a one page copy of agreement which I then sent to Niddy who said it was UE. I will send an SAR to Nationwide as you suggest. Many thanks again for your help.

[sunnylolly]

I can't see any post on this thread advising you to send a new s 77/79 CCA Request to Nationwide so I'm not sure why you did that when your original CCA Request had not been complied with so your legal position was probably protected.

Have you been sent new/different documents in response to your latest CCA Request or are they the same ones which Niddy said were unenforceable in the past?

My suggestion is to send a Subject Access Request to the Nationwide so you've got the full history of this debt.

As others have said nothing is gained by responding to Shoosmiths Solicitors with a template letter making them aware of any perceived flaws in their legal stance.

Di

Diana Mayhew thank you for replying, I am so sorry I have only just seen it. You advised me to send the CCA request to Shoosmith as they had sent a Letter before action. I did that and they supplied a one page copy of agreement which I then sent to Niddy who said it was UE. I will send an SAR to Nationwide as you suggest. Many thanks again for your help.

[sunnylolly]

I can't see any post on this thread advising you to send a new s 77/79 CCA Request to Nationwide so I'm not sure why you did that when your original CCA Request had not been complied with so your legal position was probably protected.

Have you been sent new/different documents in response to your latest CCA Request or are they the same ones which Niddy said were unenforceable in the past?

My suggestion is to send a Subject Access Request to the Nationwide so you've got the full history of this debt.

As others have said nothing is gained by responding to Shoosmiths Solicitors with a template letter making them aware of any perceived flaws in their legal stance.

Di

Diana Mayhew thank you so much for the reply, I am sorry I have only just picked it up. I sent the CCA Request following your advice as Shoosmiths sent a Letter before action. They returned a one page agreement which Niddy checked for me. I have had nothing else from them or Nationwide. I will send a SAR to Nationwide as you suggest. Many thanks.