Tarka's Unenforceable Diary

[Tarka]

Thanks nightwatch, hopefully I can make some headway along the UE route.

I am overdue a review, which I am planning on doing tomorrow, to save me having to deal with the creditors while the CCA's land.

This should give me some time to get a response and decide on the next course of action, before I pull the pin on Stepchange.

I have updated the two loans, they were with Northern Rock.

Thanks,

Tarka

[Rosebud]

Hi Tarka , your story is very very similar to mine. I wish you well and look forward to reading how you are going on.

[Tarka]

Type of account - Loan -Cahoot

Date commenced - Pre 2010

Approx balance - £3,000

Date last paid - Sept 2018

Are you on arrangement or not paying- Arrangement (Stepchange)

Status – Default (Assumed - Not visible on my Credit File with Clearscore)

Account owner – Cahoot

Sept 2018 - CCA Request Sent
09/10/2018 - Letter received from Santander stating that no monies are outstanding against this account and there is no obligation for them to supply the credit agreement.

This is a strange one I received a response to my CCA Request stating that,

"As there are no longer any monies outstanding to Santander UK PLC, there is no obligation for us to supply this information, as specified in S77/78 (3a)

However, I can also confirm insurance has been applied o the above account."

I gave them a call and they can't give me any information as the account is closed.

I don't think it was ever sold on to a DCA as I am sure we receive a statement from Santander?

[cymruambyth]

Do not speak to them on the phone, if you want clarification always write. If the account is closed and you do not owe them any money, why pay them? Keep the letter safe for when they realise their error!

[Joanna Connolly Solicitors]

This is a strange one I received a response to my CCA Request stating that,

"As there are no longer any monies outstanding to Santander UK PLC, there is no obligation for us to supply this information, as specified in S77/78 (3a)

However, I can also confirm insurance has been applied o the above account."

I gave them a call and they can't give me any information as the account is closed.

I don't think it was ever sold on to a DCA as I am sure we receive a statement from Santander?

That letter suggests that Santander have possibly terminated the account and it's in the process of being assigned (sold) to a debt purchaser. Have you ever had more than one account with Santander?

If the account is closed and in transit (to a debt purchaser) you may need to send a new s 77-79 CCA Request to whomever buys it.

Wait and see what you hear next and who you hear it from.


Di

[Joanna Connolly Solicitors]

Type of account - Loan - NRAM

Date commenced - Pre 2010

Approx balance - £2,000

Date last paid - Sept 2018

Are you on arrangement or not paying- Arrangement (Stepchange)

Status – Default (Assumed - Not visible on my Credit File with Clearscore)

Account owner – Cabot

Sept 2018 - CCA Request Sent
03/10/2018 - Copy of Signed Agreement, SoA and Letter saying they consider it is enforceable. (Copy sent to Niddy)

Who is the precise owner of this debt? Is it Cabot Financial Ltd, Cabot Financial (UK) Ltd or Marlin etc?

The letters you receive may be headed the Cabot Group but it's the entity which was assigned the debt which matters.

There are more reasons for a debt to be unenforceable than just the credit agreement document.

Di

[Joanna Connolly Solicitors]

Type of account - Loan - NRAM Together Mortgage

Date commenced - 2004

Approx balance - £15,000

Date last paid - Sept 2018

Are you on arrangement or not paying- Arrangement (Stepchange)

Status - Default (Assumed - Visible on my Credit File with Clearscore)

Experian - Showing as 6 months late

Account owner - Landmark

I have not requested a CCA

Can you clarify whether this post relates to your original Northern Rock Together Mortgage (secured on your property) or to the unsecured loan element which was de-linked when the mortgage was redeemed (if it was) and assigned to Landmark by NRAM?

Di

[Joanna Connolly Solicitors]

Type of account - Credit Card - MBNA

Date commenced - Pre 2010

Approx balance - £1,500

Date last paid - Sept 2018

Are you on arrangement or not paying- Arrangement (Stepchange)

Status – Default (Assumed - Not visible on my Credit File with Clearscore)

Account owner – Moorcroft

Sept 2018 - CCA Request Sent

Is this debt still owned by MBNA?

Moorcroft are a Debt Collection Agency so is it possible that the original account has been assigned (sold) to a debt purchaser?

Di

[Joanna Connolly Solicitors]

Type of account - Credit Card - Barclaycard

Date commenced - 21/11/2005

Approx balance - £200

Date last paid - Sept 2018

Are you on arrangement or not paying- Arrangement (Stepchange)

Status - Default (Assumed)

Clearscore - Shown as Link with £200 Balance
Experian - Shown as Barclaycard settled 09/2016
Experian - Shown as Link with £200 Balance

Account owner - Link

Have you not sent a s 77-79 CCA Request to Link for this old Barclaycard?

Di

[Tarka]

Who is the precise owner of this debt? Is it Cabot Financial Ltd, Cabot Financial (UK) Ltd or Marlin etc?

The letters you receive may be headed the Cabot Group but it's the entity which was assigned the debt which matters.

There are more reasons for a debt to be unenforceable than just the credit agreement document.

Di

The entity is Marlin Capital Europe Limited, for both ex Northern Rock Loans.

One of the credit agreements is unsigned by me, should I write back to them?

[Tarka]

That letter suggests that Santander have possibly terminated the account and it's in the process of being assigned (sold) to a debt purchaser. Have you ever had more than one account with Santander?

If the account is closed and in transit (to a debt purchaser) you may need to send a new s 77-79 CCA Request to whomever buys it.

Wait and see what you hear next and who you hear it from.


Di

I sent the letter saying they were not sending the CCA as their was no balance to Stepchange and they have removed it from my DMP.

I'm just waiting for them to realise the payment has not landed at the end of the month.

[Tarka]

Is this debt still owned by MBNA?

Moorcroft are a Debt Collection Agency so is it possible that the original account has been assigned (sold) to a debt purchaser?

Di

Just found a letter I received back in June it looks like the owner is Arrow Global Guernsey Limited.

Will Moorcroft as a DCA sent it on to Arrow or do I need to resend?

[Tarka]

Have you not sent a s 77-79 CCA Request to Link for this old Barclaycard?

Di

Yes this has been sent

[cymruambyth]

Do not write back over anything wrong with an agreement- this makes it UE and you don’t want to tell them how to rectify anything.

[Warwick65]

Do not write back over anything wrong with an agreement- this makes it UE and you don’t want to tell them how to rectify anything.

I generally agree but it is 8pm on a Saturday evening so I may have missed something.

Exactly which debt is this for, an unsecured regulated debt or a secured regulated debt.

Maybe requite the original post with the most recent updates

Just as an example- yesterday I received a letter saying my debt had been refereed to another DCA- quick panic until I looked through my letter history 1) The debt is statute barred and b) two years ago they wrote to me saying they hadn't supplied the full S77-79 details, had asked for them and would send then when received. Needless to sat I haven't received anything