PowerOfCats UE Diary

[Joanna Connolly Solicitors]

Update on debt 14 - Egg Loan
25/04/19 - Letter dated 18/04 - arrears notice and letter detailing the current state of the account. I notice they have started to apply interest again and added £21.22 making the total now £2940.50. Still awaiting CCA request as nothing received.

Wondering why they are now applying interest again when they themselves have stated that the account is unenforceable? Any ideas, anyone?
Diana Mayhew , is there anything I should do with this one?

Nope, nothing you need to do.

I wouldn't worry why Idem Capital Securities are adding interest if you're not paying them and the debt is unenforceable


I've posted the history of this debt here as a reminder >

14. Debt: Egg Loan - bought by Barclays - Currently IDEM CAPITAL SECURITIES LTD
Account Opened: Unsure - dropped off credit file. Was pre-2008 however
Balance at time of starting DMP: £6000?
Current balance: £2957
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
14/01/19 - letter received whereby they acknowledge request and sent back the £1 postal order as they have stopped charging for CCA requests
28/01/19 - Letter from IDEM unfortunately we are unable to supply a copy of the credit agreement and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request. Currently UNENFORCEABLE
26/02/19 - letter from IDEM stating that they have conducted a review of the interest and payment and confirm the last date I paid was 16/10/18 and so due to non-payment they are reinstating the previous interest rate of 9.510%? If I want to maintain 0.00% to contact them within 14 days.
04/04/19 - Letter dated 01/04 - Your account is in arrears. Please call to make a payment or discuss alternative payment options available to you
25/04/19 - Letter dated 18/04 - arrears notice and letter detailing the current state of the account. I notice they have started to apply interest again and added £21.22 making the total now £2940.50. Still awaiting CCA request as nothing received. .

Di

[PowerofCats]

Update on debt 14 - Egg Loan
25/04/19 - Letter dated 18/04 - arrears notice and letter detailing the current state of the account. I notice they have started to apply interest again and added £21.22 making the total now £2940.50. Still awaiting CCA request as nothing received.


Wondering why they are now applying interest again when they themselves have stated that the account is unenforceable? Any ideas, anyone?
Diana Mayhew , is there anything I should do with this one?

[PowerofCats]

Updates on my debts (main diary page updated):

Natwest loan - Wescot send through the CCA and a letter stating they were handing the account back to Natwest. Niddy has had a look and believes unenforceable for a few reasons

Shop Direct accounts - letters to confirm they're still looking at my CCA request and accounts are on hold

BoS Card (this is the one that Niddy thinks is enforceable) - letter from Moorcroft stating they may do one of two things as I've not been in contact to pay - either continue to send letters and chase, or a doorstep representative.

Obviously, I don't want the latter. :/

[PowerofCats]

Received a reply from Wescott today via NatWest for the CCA request on my loan. I've emailed over to Niddy for his thoughts. Doesn't look complete at all to me...

[PowerofCats]

Update on debt 3 and 4 (Natwest OD and Loan, currently with PRA)
Loan confirmed in letter by PRA as unenforceable, even though Natwest haven't replied to my CCA request.
Both letters filed for now

[Joanna Connolly Solicitors]

I've not heard from them at all.
Niddy confirmed the BoS is enforceable but I've filed everything away for now.

That all sounds good.

Even if the BOS credit agreement is enforceable that doesn't necessary mean they've complied with all their other statutory duties such as the Default Notice, Notice of Sums in Arrears etc.

Perhaps they'll now assign the account to a debt purchaser since you're not paying them.

Post up when you hear anything from anyone.

Di

[PowerofCats]

Hi Pip !
Thank you so much for your comment. Everyone on here has been so helpful! It's been a breath of fresh air!

[PowerofCats]

HI Diana Mayhew ! No, I've not heard from them at all.
Niddy confirmed the BoS is enforceable but I've filed everything away for now. Obviously will log everything I do receive and seek help if flummoxed etc!

[Joanna Connolly Solicitors]

Hi All,
Background: Started a DMP in 2012 with Stepchange for circa 60k unsecured debt. Currently at circa £39k and looking to self manage and follow advice on here. All of my debts have been defaulted and the majority dropped off my credit file(s) this year, with the last coming off in August 2019. I will document accordingly.


1. Debt: MBNA Credit Card - Now with LINK FINANCIAL LTD
Account Opened: 22.09.06
Balance at time of starting DMP: £6360
Current balance: £4995
Defaulted? YES - Drops off Feb 2019
Last payment received: September 2018 via Stepchange for nominal low amount



2. Debt: MBNA Credit Card (Virgin) - Now with LINK FINANCIAL LTD
Account Opened: 22.01.06
Balance at time of starting DMP: £6900
Current balance: £4807
Defaulted? YES - Drops off Feb 2019
Last payment received: September 2018 via Stepchange for nominal low amount
11/01/19 - CCA request signed for. Signature receipt saved as PDF



3. Debt: Natwest Overdraft - With Wescot (in house collections)
Account Opened: 28.07.03
Balance at time of starting DMP: £980
Current balance: £540
Defaulted? YES - Drops off November 2018
Last payment received: September 2018 via Stepchange for nominal low amount
This debt is no longer showing on my Stepchange DMP? Seems to have disappeared and can't find any paperwork for it
26/02/19 - Letter from Natwest stating that as of the 08/02/19 they have assigned PRA as the legal owners of the debt and therefore Wescot are no longer managing the account.



4. Debt: Natwest Loan - With Wescot (in house collections)
Account Opened: 02.11.2007
Balance at time of starting DMP: £25,897
Current balance: £6565
Defaulted? YES - Drops off November 2018
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
26/02/19 - Letter from Natwest stating that as of the 08/02/19 they have assigned PRA as the legal owners of the debt and therefore Wescot are no longer managing the account.

5. Debt: Bank of Scotland Credit Card - Now with Moorcroft
Account Opened: 08.05.09
Balance at time of starting DMP: £3784
Current balance: £3019
Defaulted? YES - Drops off January 2019
Last payment received: September 2018 via Stepchange for nominal low amount
17/01/19 - letter from Moorcroft 'We acknowledge receipt of your recent letter requesting data as per Section 77-79 Consumer Credit Act 1974, and can confirm that we have requested the relevant documentation from our client will forward it to you when it is received.

We must also stress that we are not seeking to enforce an agreement and have only asked that payment is made towards a debt that is outstanding by way of an affordable repayment plan. However, if you believe we are unable to ask that your account is repaid in this manner please provide us with specific details so the client can address any specific concerns you may have. This request is asked to also minimise potential costs and delays.

25/0219 - letter from Moorcroft received with recon terms etc, signed statement of account, copy of original application recon version of original agreement. Will send over to Niddy for thoughts.
'



6. Debt: Shop Direct - Now with Arrow Global
Account Opened: 30.11.12
Balance at time of starting DMP: £1923
Current balance: £1250
Defaulted? YES - Drops off August 2019
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
12/01/19 - Signed for letter received returning £1 postal order but confirming receipt of CCA request. Account on hold until further notice - confirm that they have sent the account to NCO and all further correspondence should be directed to NCO and will be received by NCO. Letter also requested that I provide a copy of my marriage certificate to confirm my name change - unsure whether to send or not? Will wait for now.
16/01/19 - letter received dated 11/01/19 from Arrow ... 'we write to you in response to a request for information we sent to you on assignment of the debt when Arrow Global Limited purchased your account from Shop Direct. This letter is not a copy of the original Notice of Assignment, but it contains the information you received in the original letter. The original note of assignment was sent to you on the 6th January 2013.


7. Debt: Shop Direct - Now with Arrow Global
Account Opened: 30.11.12
Balance at time of starting DMP: £1632
Current balance: £942
Defaulted? YES - Drops off August 2019
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
12/01/19 - Signed for letter received returning £1 postal order but confirming receipt of CCA request. Account on hold until further notice - confirm that they have sent the account to NCO and all further correspondence should be directed to NCO and will be received by NCO. Letter also requested that I provide a copy of my marriage certificate to confirm my name change - unsure whether to send or not? Will wait for now.

8. Debt: Shop Direct - Now with Arrow Global
Account Opened: 30.11.12
Balance at time of starting DMP: £1229
Current balance: £782
Defaulted? YES - Drops off August 2019
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
12/01/19 - Signed for letter received returning £1 postal order but confirming receipt of CCA request. Account on hold until further notice - confirm that they have sent the account to NCO and all further correspondence should be directed to NCO and will be received by NCO. Letter also requested that I provide a copy of my marriage certificate to confirm my name change - unsure whether to send or not? Will wait for now.


9. Debt: Shop Direct - Now with Arrow Global
Account Opened: 30.11.12
Balance at time of starting DMP: £1250
Current balance: £792
Defaulted? YES - Drops off August 2019
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
12/01/19 - Signed for letter received returning £1 postal order but confirming receipt of CCA request. Account on hold until further notice - confirm that they have sent the account to NCO and all further correspondence should be directed to NCO and will be received by NCO. Letter also requested that I provide a copy of my marriage certificate to confirm my name change - unsure whether to send or not? Will wait for now.


BELOW HAVE GONE FROM CREDIT FILE(S) BUT STILL ON MY STEPCHANGE DMP LOG IN CENTRE


10. Debt: Barclaycard - (still with barclaycard)
Account Opened: Unsure - dropped off credit file. Was pre-2007 however
Balance at time of starting DMP: £5000?
Current balance: £3116
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
22/01/19 - letter from Barclaycard informing me they are currently unable to fulfil my S78 request and at this time they are unable to enforce the debt. Filed for now UNENFORCEABLE

11. Debt: Asda/NewDay (I think?) - Currently Lowells Financial Ltd
Account Opened: Unsure - dropped off credit file. Was pre-2007 however
Balance at time of starting DMP: £1900
Current balance: £1373
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
11/01/19 - CCA request signed for. Signature receipt saved as PDF
25/01/19 - letter dated 22/01/19 - Lowells have been unable to obtain the requested documents. ...'we have decided to not pursue the outstanding money at this time. However, if Capital One provides the requested documentation in the future, we may contact you again to request payment'. Filed. Letter now dates that the balance due is £0.00 UNENFORCEABLE (for now)


12. Debt: Capital One -Currently Lowells Financial Ltd
Account Opened: Unsure - dropped off credit file. Was pre-2009 however
Balance at time of starting DMP: £2200
Current balance: £1508
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
17/01/19 - letter dated 17/01 - Lowells have been unable to obtain the requested documents. ...'we have decided to not pursue the outstanding money at this time. However, if Capital One provides the requested documentation in the future, we may contact you again to request payment'. Filed. Letter now dates that the balance due is £0.00 UNENFORCEABLE for now)


13. Debt: Egg card - bought by Barclaycard - Currently PRA
Account Opened: Unsure - dropped off credit file. Was pre-2007 however
Balance at time of starting DMP: £4800
Current balance: £3885
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
12/01/19 - letter received returning £1 postal order but confirming receipt of CCA request. Account on hold until further notice
24/01/19 - letter received with reconstituted T&C's - emailed to Niddy for his thoughts.
28/01/19 - email back from Niddy. Believed to be UNENFORCEABLE right now due to being incomplete


14. Debt: Egg Loan - bought by Barclays - Currently IDEM CAPITAL SECURITIES LTD
Account Opened: Unsure - dropped off credit file. Was pre-2008 however
Balance at time of starting DMP: £6000?
Current balance: £2957
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
14/01/19 - letter received whereby they acknowledge request and sent back the £1 postal order as they have stopped charging for CCA requests
28/01/19 - Letter from IDEM unfortunately we are unable to supply a copy of the credit agreement and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request. Currently UNENFORCEABLE
26/02/19 - letter from IDEM stating that they have conducted a review of the interest and payment and confirm the last date I paid was 16/10/18 and so due to non-payment they are reinstating the previous interest rate of 9.510%? If I want to maintain 0.00% to contact them within 14 days.



15. Debt: Barclaycard World - Currently with PRA
Account Opened: Unsure - dropped off credit file. Was pre-2007 however
Balance at time of starting DMP: £3500
Current balance: £2691
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
10/01/19 - CCA request signed for. Signature receipt saved as PDF
12/01/19 - letter received returning £1 postal order but confirming receipt of CCA request. Account on hold until further notice
24/01/19 - letter received stating that due to the age of the account they cannot find details. PRA confirm unenforceable (for now).UNENFORCEABLE


GENERIC NOTES:
06.11.18 Currently putting together the CCA requests and my £1 postal orders for all of the above.

09.01.19 Posted off my CCA 78-79 requests and £1 postal orders via signed for delivery. Kept and logged the postal order receipts accordingly.

Hello

Do you have any updates on these debts or have they all gone quiet?

Fingers crossed for you

Di

[Pip]

Hello PowerofCats,

I've been interested to read your diary! I was also on a DMP with CCCS/Stepchange that just wasn't going anywhere and was for impoverishing amounts. At the start of 2012 I took the plunge with UE – a method not discussed or supported anywhere other than on this amazing, exceptionally supportive website – and now all of the debts are statute barred, a time that I couldn't imagine ever arriving back then when I first stopped payments.

Others more knowledgeable may correct me, but I don't believe that a debt dropping off the credit ratings agency websites is all that relevant with regard to the possibility of litigation. The six-year statute barred clock (five years in Scotland) would start from the last payment received or other acknowledgement of the debt (e.g. discussing a freezing of interest would, I imagine, constitute an acknowledgement of the debt). I've never actually checked my credit report since about 2010 and I managed to hang on to one credit card for the duration, for ease of hiring cars etc. The credit limit went down to £1,000 on that one, but now it's crept up to £2,500. I pay it off every month though, of course!

Also, it's not immediately clear to a Debt Collection Agency/DCA or Original Creditor/OC whether an agreement is enforceable or not. For the ones that *are* found by Niddy to be enforceable, it doesn't automatically mean that you will end up having to pay them off or reach a full and final settlement.

About half of mine were enforceable, but I didn't get anywhere close to real litigation other than rent-a-letterhead solicitors that were easily swatted off. It is vitally important though that every letter is logged and acted upon where necessary to stop the automated litigation conveyor belt machine from issuing claims, which often happens when critical letters are not responded to -- I've seen one of those happen on a recent diary post on the forum.

I don't know how much you've been paying per month, but you've done very well to pay off as much as you have. You probably realised though that you're only one-third of the way there, and have little appetite to be bunging huge sums to these parasites every month for the next 12 or 13 years.

I know you've been on AAD for a little while now but I'd like to give a belated welcome. You'll have seen how much amazing support there is here on this extraordinary website!



--->> My original introductory thread

--->> My UE diary thread

[nightwatch]

I think he's been on holiday.

[PowerofCats]

Just emailed Niddy again as I've not had a response from the end of Feb. Is he busy or unavailable does anyone know?

Letter today from Moorcroft for this debt threatening further action - will update diary with specifics later as out and about. But also offering a ''substantial discount'

[nightwatch]

It is unlikely you will get anything, but it won't stop Arrow Trying to get you to pay up x

[PowerofCats]

Hi Nightwatch

No, I guess not. That confuses me a bit though. Should I expect something through? Or is it unlikely due to the scenario you described?

[nightwatch]

shop direct rarely have valid CCAs you apply for goods they send them out, you get sent T&C's they then ask you to signs and return one copy of the T&C's, I never have,
Have you?