Lola girl UE diary...newbie!

[nightwatch]

If we help you laugh or smile,, you are a success story, every little helps, as some say.
sometimes a light hearted look at a problem from a different angle is what's needed, I'm your woman for that. Xx

[Lola girl]

Why would you want to pay an unenforceable debt where the owner has admitted it's unenforceable in writing?

I agree with NW that the Default will not be removed from your credit file since it was (presumably) accurate when added. If the original creditor got the date wrong (added it later than 3 - 6 months after your breached the terms of your agreement) then you may be able to get the Default backdated to when it should have been added.

Do you have other Defaults on your CRA file from a similar time/date?

I'm sorry you're going through a divorce because that can be draining. My divorce lasted longer than my marriage

I recall being advised at the time not to tidy up my finances too much or it could look like I didn't need any financial support from my then husband. Maybe wait until things become clearer on everything in your world before parting with your money to a debt purchaser.

Di

I know you are right that it’s daft to voluntarily pay an UE debt. I guess my thinking was that some of my defaults will come off my file in 4 years and this one is the most recent just a year ago so it would make it less of a slog.
Not sure if I will be able to secure a new mortgage if I have defaults (that aren’t cleared) on my file and didn’t really want to be waiting 5 years (assuming my ex has the patience to wait that long for his equity!).

Thanks Di - we have been split up a while so the emotion of it is okay these days. And this forum has been more helpful than you will all ever know in supporting me to sort the financial mess I have been left with so thank you everyone for that.

I’ll get there and hopefully become one of your success stories!
lola x

[Joanna Connolly Solicitors]

Just over 4k, Been with Link over a year and it was them that confirmed in writing it’s UE. Any experience or suggestions? Is there any way of negotiating removing the default too

Why would you want to pay an unenforceable debt where the owner has admitted it's unenforceable in writing?

I agree with NW that the Default will not be removed from your credit file since it was (presumably) accurate when added. If the original creditor got the date wrong (added it later than 3 - 6 months after your breached the terms of your agreement) then you may be able to get the Default backdated to when it should have been added.

Do you have other Defaults on your CRA file from a similar time/date?

I'm sorry you're going through a divorce because that can be draining. My divorce lasted longer than my marriage

I recall being advised at the time not to tidy up my finances too much or it could look like I didn't need any financial support from my then husband. Maybe wait until things become clearer on everything in your world before parting with your money to a debt purchaser.

Di

[nightwatch]

Hi, the default will not be removed,it will be marked as partially settled, that is as long as everything is in writing along with the clause that the rest of the debt will not be chased at a later date, by them or any other party.

[Lola girl]

• Type of account: Debenhams C/C
• Date commenced: 15.3.07
• Approx balance: £4,300
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 28.6.19
• Account owner: Link

CCA request sent 30/7/19 - no response as yet

3/10/19 letter finally received from Link! Sadly Debenhams cannot comply with the CCA request and they have confirmed it’s now unenforceable. Result!!


6/11/19 letter from Link, they need me to contact them to discuss my intentions and set up a payment plan. They remain committed to helping me clear this balance. How nice! Filed.
22/11/19 Link search on credit file - not sure why when they bought the debt in July - maybe checking out what else I owe?!
07/01/20 statement received from Link, confirms my last payment on this debt was 20/08/19
28/02/20 letter from Link letting me know that although they bought this debt on 10/07/19 they have reached no conclusion with me on how I intend to repay. They are offering me the opportunity to pay them at £40 per month. No thanks, filed and ignored
29/4/20 Email from Link - reminding me that I haven’t replied to their letter and agreed a way forward. It’s a fairly nice email, maybe because they have confirmed it’s unenforceable. Details on how to pay them included.

Would like people’s opinions /experiences about low final offers. I fully intend to follow through with the full term on most of these but this one is my latest default (June 19), one of the lowest amounts, and unenforceable. I am in a personal position now whereby I will need to take a new mortgage in the next few years (getting divorced so will need to have finances assessed) and I need to consider if I can help myself in anyway to tidy up my credit record.

So this one is with Link. Just over 4k, Been with Link over a year and it was them that confirmed in writing it’s UE. Any experience or suggestions? Is there any way of negotiating removing the default too (or is that absolute wishful thinking!)
5%? 10%?
lola x

[Joanna Connolly Solicitors]

I haven’t made contact or engaged with them . . . . this letter makes it sound like I made contact with them. Can I assume that they can’t make out that I have?

I think it's safe to assume that debt purchasers in general can sometimes 'embellish the truth'.

However, if it didn't happen, then it didn't happen.

The burden of proof would be on PRA to prove that it did happen.

The more likely explanation is that you're been sent a generic template letter.

Di

[cymruambyth]

Believe it or not DCAs don’t always tell the truth and also sometimes don’t press the right template button - ignore them!

In support of Di and the DSAR to Tesco, when I delayed sending one the extra information that I received was quite useful ........

[Lola girl]

just a template file away and up date diary does it state annual statement?

No - it literally just says thank you fro making contact, your balance is 6k.
then...if you are affected by corona contact us. Doesn’t ask for payment or anything.

[The Tech Clerk]

just a template file away and up date diary does it state annual statement?

[Lola girl]

• Type of account: Barclaycard
• Date commenced: 25/3/13
• Approx balance: £6k
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 6.9.18
• Account owner: PRA

CCA request - documentation received, sent to Niddy to be checked
15/8/19 - this one has come back as unenforceable. I have cancelled my payment to Stepchange. Will send letter re missing terms to PRA.

19/8/19 missing terms letter sent to PRA
21/8/19 response from PRA with a copy of the unenforceable agreement already received...sent to Niddy to be checked just in case...still UE.
24/03/20 Nothing heard at all from Barclaycard or PRA so far...
25/03/20 Statement from PRA - to comply with obligations under CCA they are sending me a statement. No request for payment.
7/5/20 - 5 calls from PRA this last week. Answered the 3rd one and told them I do not discuss anything over the phone. They are obviously lockdown bored!
21/05/20 - another week of calls from PRA, answered 2 days ago and stated I do not discuss over phone and can they remove number. Another call yesterday, said they are now harassing me. They have guaranteed no more calls (yeah right).
26/05/20 letter received from PRA...
Thanks for your contact. The balance of your account is....

I haven’t made contact or engaged with them other than to tell them I would not discuss anything on phone and to remove my number. However this letter makes it sound like I made contact with them. Can I assume that they can’t make out that I have?
Lola x

[Lola girl]

If you get a Letter of Claim from Intrum post on your thread and also email it to me using di@joannaconnollysolicitors.co.uk

I think it's too soon to send a SAR to Tesco - you won't capture any interaction between them and Intrum if you do this too soon.

Also, if you send a SAR there's always the possibility that the content may get 'amended' . . . .

It's a pity you made a complaint to Tesco about their insistence of a signature on your s78 CCA Request. Ideally you would have ignored them, they would have ignored your CCA Request, and then you'd be in a better position.

However, hopefully Intrum are oblivious to what happened between you and Tesco, so whatever happens don't tell them!

Di

Thanks for this Di

I will carry on doing nothing - am quite getting used to it!

One thing of note - the letter received today from Intrum 'legal department' makes no mention of the finance bit in the title? So INTRUM UK LIMITED. Just thought I would mention it.
Lola x

[Joanna Connolly Solicitors]

expecting a letter of claim next! Notwithstanding your advice Di about the status of Intrum and their ability to issue proceedings do you think this would be a good time to send an SAR to Tesco in preparation? Or should I just continue to do nothing and see what they do next?

If you get a Letter of Claim from Intrum post on your thread and also email it to me using di@joannaconnollysolicitors.co.uk

I think it's too soon to send a SAR to Tesco - you won't capture any interaction between them and Intrum if you do this too soon.

Also, if you send a SAR there's always the possibility that the content may get 'amended' . . . .

It's a pity you made a complaint to Tesco about their insistence of a signature on your s78 CCA Request. Ideally you would have ignored them, they would have ignored your CCA Request, and then you'd be in a better position.

However, hopefully Intrum are oblivious to what happened between you and Tesco, so whatever happens don't tell them!

Di

[Lola girl]

• Type of account: Tesco Credit Card
• Date commenced: 24/3/2007
• Approx balance: £3,900
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 10.10.18
• Account owner: Intrum Uk Finance Ltd

CCA request - letter received to say they would not comply as I had not included my signature

15/8/19 I have not sent them a signature and have cancelled the StepChange payment. Have sent them a signature not required letter.

30/8/19 letter received acknowledging my complaint (wasn’t aware I’d made one!). No mention of CCA. Filed away.

2/9/19 phone call from Tesco complaints team - they acknowledge that a signature is not required for CCA. CCA will be sent out within 30 days. Advised that as now currently UE I will not be making further payments at present.

5/9/19 original true copy of credit agreement, terms and conditions and a statement received from Tesco. Will send over to Niddy for checking.

6/9/19

Good documents received considering the age of this one. Niddy says enforceable.

27/01/20 Intrum carried out a search on my credit record
30/01/20 letter from Tesco saying they have assigned the account to Intrum UK Finance Limited
30/01/20 letter from Intrum Uk Finance Limited confirming that they have purchased the account on 16/01/20 with information on how to set up payments directly to them...filed and ignored
11/03/20 letter from Intrum asking me to contact them within 10 days or to access online account to set up a monthly payment schedule...filed and ignored
23/03/20 letter from Intrum - We may take legal action if you don't get in touch which may affect your credit score (not sure how!). They kindly sent me an income form to complete. Filed and ignored
31/03/20 letter from Intrum - we are thinking of taking you to court. We don't want to but are considering applying for a county court judgement, they may also add court fees of £185 and solicitors costs of £80. If I am affected by Coronavirus I can contact them. No let up from them in current health / economic crisis! Filed and ignored.
10/4/20 letter from Intrum - would you like a discount? We want to help you to pay without taking you to court. Filed and ignored.
20/4/20 letter from Intrum - we’re getting ready for legal action. Your account will be handed to the legal team on 30/4/20. May apply for a CCJ and ask court for an attachment of earnings order and a charging order. Filed and ignored

I have read Susieblings daughters thread on page 1 of the unenforceable diaries and it would seem that I am receiving the same letters from Intrum - expecting a letter of claim next! Notwithstanding your advice Di about the status of Intrum and their ability to issue proceedings do you think this would be a good time to send an SAR to Tesco in preparation? Or should I just continue to do nothing and see what they do next?
Lola x

[Joanna Connolly Solicitors]

I’ll wait till they decide to issue the claim and then do another CCA to Intrum and an SAR to Tesco as you suggest.

If you do receive a Letter of Claim from Intrum then let me know.

Don't send a new CCA Request at that point.

Your CCA Request response from Tesco was deemed enforceable, however we recently had a situation where the credit agreement was technically enforceable, the only problem (for the debt purchaser) is it was his wife's credit card agreement not his (they both had credit cards with the same bank).

Perfect signature, correct date, just wrong person

Di

[Lola girl]

Indeed

You read it here >




Di

Well that's a useful bit of info Di - made my week (not hard at the moment!)
Lola x