PowerOfCats UE Diary

[PowerofCats]

Hi All

No real update from me at the moment, as nothing new through the post etc. I've been getting a few automated message voicemails from Wescot but ignoring them.

I'm going to be moving home in the next few months and will obviously put a RM re-delivery on my address. Thinking of keeping that going for the max 4 years to pick up any letters that might be sent to me.

Hope all is well.

[Joanna Connolly Solicitors]

Diana Mayhew , debt 14. Will update properly when able.
No response to CCA, ex Egg debt, now receiving calls and emails from Robinson Way

I've quoted Debt No 14 below to help to put things in context.

It appears that Egg assigned the loan/debt to Barclays who assigned the debt to Idem Servicing who recently assigned it to Hoist Financing UK Holdings 3.

If Hoist decide to issue legal proceedings they would need to be able to prove that whole assignment chain in order to be successful.

And then there is also the issue of the credit agreement being unenforceable

/

14. Debt: Egg Loan - bought by Barclays - Currently Hoist Finance UK Holdings 3 Limited.
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
22/10/18 - Notice of Arrears
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.
19/06/19 - Letter dated 14/06 - We do not have a payment plan in place to repay your account. Then details options available to me and them. They have continued to apply interest and balance now £2982. Still awaiting CCA request as nothing received and so currently still UNENFORCEABLE
24/07/19 - Notice to terminate your account. Payment demand for balance of £3020.90 demanded.
31/07/19 - No current payment arrangement in place. Unless rectified in 7 days 1)recoveries department 2)external debt collection
14/08/19 - Letter received from IDEM Servicing with a balance of £3004 stating that payment is required.
21/09/19 - Increasingly concerned we've not spoken to you. Failure to contact MAY result in 1) a representative visiting 2) external DCA
18/09/19 - Attempted to contact. Call in 10 days or we will appoint Resolvecall to visit.
14/10/19 - letter dated 11/11/19 stating that as of the 20/09/19 my account has been purchased by HOIST FINANCE UK HOLDINGS 3 LIMITED.

Di

[PowerofCats]

Diana Mayhew , debt 14. Will update properly when able.
No response to CCA, ex Egg debt, now receiving calls and emails from Robinson Way

[Joanna Connolly Solicitors]

Now receiving emails to an old email account from Robinson Way. Appears they're chasing on behalf of Hoist for the ex egg account whereby I'm still waiting for my CCA request

Which debt is this?

Can you post the account history or a link to the post on your thread or the post number.

Di

[PowerofCats]

Now receiving emails to an old email account from Robinson Way. Appears they're chasing on behalf of Hoist for the ex egg account whereby I'm still waiting for my CCA request

[PowerofCats]

Received a call from Robinson Way on behalf of Hoist today on my new number.
where would they have gotten that from? And are they allowed to call since GDPR came in?

I ignored it but searched the call after and it comes up as Robinson Way

[PowerofCats]

Received a call from Robinson Way on behalf of Hoist today on my new number.
where would they have gotten that from? And are they allowed to call since GDPR came in?

I ignored it but searched the call after and it comes up as Robinson Way

[PowerofCats]

Thanks Tech Clerk!

[The Tech Clerk]

start and any amendments if I remember correctly

[PowerofCats]

Diana Mayhew , one quick question. When I received my recon CCAs from MBNA, was I to have also received the T&C's as they were at the time of termination? Or just the ones when I signed up for the cards?

[PowerofCats]

Well, if they had the original signed by me to send a copy to LINK circa 2/3mths ago, where is it now as they've stated on this SAR they don't have it...
also, the copies that LINK supplied to me as being from MBNA were recons, not originals

[Joanna Connolly Solicitors]

I've then found a bit in the customer service notes section whereby John Fishwick (regulatory team manager) states to Link they've provided Link with a copy of the original sighed by the customer - which is untrue.

How do you know that is untrue?

That's what the other side's counsel will ask you in cross examination if this goes to court.

"Where's the evidence?" is what the DJ will ask you if this goes to court.

I'm not being negative, I'm playing Devil's Advocate

(PS you've edited your original post since I replied to it)

Di

[PowerofCats]

Nightwatch, Niddy deemed the recon CCA enforceable. However with this SAR there's no documents at all relating to my CCA - recon or otherwise - :/ and they state they can't find them but then send LINK an email stating they've sent LINK my signed original

@Di, is this the sort of thing you mean about being missing?

Honestly, I'm clueless!

[nightwatch]

I was sent an MBNA CCA which a DCA said was enforceable, but when I got the SAR there was a note that said they hadn't even looked for it as it was too old.

[nightwatch]

it is a general statement that they alway used to state when you asked for A CCA, but, they couldn't find one,.
If they haven't got one then the account is UE,