BigAl diaries.

[BigAl1968]

Hi all,
As requested heres my diary, I will take pics of the cca agreements later when on home computer and send them in,
2 of of my biggest debts are with the halifax and defaulted in 2008/2009 , but both defaults notices were not compliant with regulations as they never allowed enough days to remedy the breach, Does this strengthen each case or can the new owners simply issue a new compliant DN?

1st acc

Halifax credit card
opened in 2001
Balance is approx £16,300
last full payment made in July 2008
Assigned to Capquest 2011
£2 per month Token payments made monthly to capquest
Status up to date with token payments direct to capquest

Applied for cca to the original creditor back in 2008, (I know a long time ago, but was in the days when every man and his dog was doing the cca requests on various forums ) I have still got the copy the original creditor sent me in response to that cca request in 2008 .


On this account the default notice was dated 20th march on the letter and said breach had to be rectified before 3rd April, Then i received another letter dated 3rd April saying account terminated, as this never gave me the required 14 days after postage does that cause problems for the debt collection company as not allowed any time for postage or can they just re issue a complaint one ?



2nd Acc Again the halifax , a personal loan and this time they only gave me 9 days to rectify the breach on the default notice)

Halifax loan
opened 2007
Balance £ 7000 (approx)
Lats full payment July 2008
Assigned to 1st credit 2011, then changed to Intrum
£1 Token payment ever since
Status up to date with £2 per month token payments paid direct to Intrum

Sent a cca request back in 2008 to the original creditor., I still have the copy they sent me back in response to that cca request

The default notice on this one only gives 9 days to remedy breach , however they didnt actually terminate the account for another 21 days



3rd Acc

Was originally a morgan stanley /monument credit card which then transfered to barclaycard in 2008
Originally opened in 2006
Balance approx £4500
Last full payment July 2008
Assigned to Arrow global 2011
Token £1 payment ever since
Status up to date with token payment, payments are made to Moorcroft

Sent a cca request back in 2008 to the original creditor., I still have the copy they sent me back in response to that cca request


4th Acc

Rbs credit card
Originally opened 2003
Balance £ 3900
Last fully payment July 2008
Assigned to Cabot 2012, Then in Aug 2019 I received a letter saying now assigned to cabot (uk) ?
Token £3 payment ever since
Status up to date with token payment, payments are made to Wescot


Sent a cca request back in 2008 to the original creditor., I still have the copy they sent me back in response to that cca request

Thanks

[Joanna Connolly Solicitors]

1st acc

Halifax credit card
opened in 2001
Balance is approx £16,300
last full payment made in July 2008
£5 per month Token payments made monthly
Status upto date with token payments
Acc owned by DCA who purchased the debt

1st account


Hello

Exactly who currently owns this debt?

DCAs (Debt Collection Agents) work on behalf of a debt owner but they don't own the debt.

Is it still with the Halifax or has it been assigned/sold to a debt purchaser who has appointed their own DCA to collect your token payments each month?

Di

[Joanna Connolly Solicitors]

2nd Acc Again the halifax , a personal loan

Halifax loan
opened 2007
Balance £15,000 (approx)
Lats full payment July 2008
Token payment ever since to DCA who bought the debt
Status upto date with £5 per month token payment
Acc owned by dca who purchased the debt

The default notice on this one only gives 9 days to remedy breach , however they didnt actually terminate the account for another 21 days

2nd account

Similar questions as your 1st account

Who (by name) currently owns this debt?

I may comment on the DN situation once the backstory becomes clear.

If this was a loan when would it have expired if it had run the full term?

Was there PPI on the loan?

Di

[Joanna Connolly Solicitors]

3rd Acc

Was originally a morgan stanley /monument credit card which then transfered to barclaycard in 2008
Originally opened in 2006
Balance approx £4500
Last full payment July 2008
Token £1 payment ever since
Status upto date with token payment
Acc owned by dca who purchased debt.

3rd account

Who do you pay your £1 token payment to, and has that been going on for the last 11 years or has there been a change of ownership?

I expect there may have been an assignment somewhere along the line

Would the current owner be PRA or Hoist Portfolio collected by Robinson Way (DCA)?

Di

[Joanna Connolly Solicitors]

4th Acc

Rbs credit card
Originally opened 2003
Balance £ 3900
Last fully payment July 2008
Toen £5 payment ever since
Status upto date with token payment
Acc purchased by dca who purchased the debt.

4th account

You can probably guess what questions I'm going to ask you

Who do you pay your token payments to?

Can you recall who you opened this credit card account with? The RBS Group encompasses a number of credit providers such as NatWest for example.

Di

[BigAl1968]

Hi Diane,
Thanks
Yes all the above accounts were assigned , I have been paying these token amounts for at least 8 years now,
I dont have all the paperwork in front of me but will go from memory for now

1st acc Halifax credit card

Assigned to either Cabot or Capquest and token payment currently collected by Capquest



2nd acc Halifax Loan

Halifax loan assigned to Intrum, collected by Intrum,
The original loan would have been fully paid up in about 2012 If I had kept up the scheduled payments as per the original contract.



3rd Acc morgan stanley/then changed to Barclaycard

Assigned to Cabot I think, over the years the payments have been collected by various companies on Cabots behalf
I dont think I have ever had any dealings with PRA or hoist holdings for any of my accounts.



4th Acc RBS credit card.

I think it was assigned to Cabot, and Westcott are collecting on their behalf
The cca says The royal bank of scotland and the classic visa box ticked on the application form

Hope this helps, and again thanks for your help, its much appreciated

[Warwick65]

Hi
It is really important to know exactly who owns the debt- for example cabot have many trading names - cabot financial (uk) ltd, cabot Europe etc. On the letters from cabot it should say somewhere exactly who the owner or client is

On my letters from Cabot , on the right hand side it says Current Creditor - this should be the company who 'own' the debt.


As for the DN not giving time for service- I have seen one rather perverse judgement (well the judgement was correct just the comment about the DN was perverse) where a Judge said in his opinion the date of service was the day it was posted - not the day it was received

[BigAl1968]

I have located the halifax loan assignment letter
Was assigned to 1st credit in 2012

The letter was headed "Agreed form of notice of assignment"

It says 1st credit (finance) 3 ltd

[Joanna Connolly Solicitors]

Are there any updates due on your Diary so this forum can offer help?

(I’ve received your email)

Di

[BigAl1968]

Hi Di,
Thanks for the confirmation ,
There is just one update, Last week I received a letter from RBS (black and white photocopy) saying my debt had been assigned to cabot financial (uk) ltd on xx July 2019, who are now the legal owners of the debt and that wescott will continue to manage the account , and says if I wish to contact them, their details are cabot financial (europe ltd)

Then a day later I received another letter this time from Cabot saying they are part of the cabot credit management group and had recently bought the debt, and wescot will continue to manage it on their behalf.

Now what is really strange is this account was already assigned many years ago to Cabot and wescot have collected the token payments for many years on their behalf.

I was wondering, are they trying to pull the wool over my eyes or is this normal procedure,?
I did wonder if this was anything to do with recent cases creditors have lost re legal authority to issue court claims /not having the correct assignment documentation etc
Am I barking up the wrong tree or is there a possibility they are just trying to rectify a past mistake/ get all their paperwork in order .

Thanks

[BigAl1968]

Updated thread as requested with details of who owns debts etc
Thanks

[Joanna Connolly Solicitors]

Updated thread as requested with details of who owns debts etc

That's helpful

Maybe also add information on when you sent CCA Requests to each of them too.

Then you can send the credit agreements you received (if you did) to Niddy to get his opinion on whether they are unenforceable or not.

Di

[BigAl1968]

Update,

I had in 2008 sent cca requests to all my original creditors, and have kept all the replies stored away on file ever since
I Sent those cca copies to Niddy, who has advised that as they were copies from over 10 years ago, Its best if I resend new cca requests for each account to utilise any protections in the act.

Im guessing I sent the cca requests to the new owners of the debts and not the original creditors, is that correct?

[Joanna Connolly Solicitors]

I had in 2008 sent cca requests to all my original creditors, and have kept all the replies stored away on file ever since
I Sent those cca copies to Niddy, who has advised that as they were copies from over 10 years ago, Its best if I resend new cca requests for each account to utilise any protections in the act.

Im guessing I sent the cca requests to the new owners of the debts and not the original creditors, is that correct?

Don't send new CCA Requests to anyone just yet.

Have you been told whether the credit agreements you were originally sent in response to your CCA Requests are enforceable or unenforceable?

Di

[BigAl1968]

Hi Di,
Niddy has not yet been able to give me an answer re enforceable or not,

Below is a copy and paste of the reply from Niddy re the cca"s I sent via email,


"Hiya


I can’t really see what you’ve sent but if they’re CCA’s from almost 10 years ago then I’d suggest you do a new cca request totally as you wouldn’t be able to utilise any protections in the Act based on the request not being recent. 9 years or whatever isn’t recent lol. Can I ask, when did you stop paying or have you been paying a DMP for years?

Sorry if I’ve misread things but basically it’s pointless my checking a 9 year old cca. It holds no value and is a waste of time.

Thanks. "