Lola girl UE diary...newbie!

[Lola girl]

• Type of account: M&S Bank
• Date commenced: 27.9.06
• Approx balance: £8k
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 1.3.19
• Account owner: OC

CCA request - deemed UE by Niddy.
Do I respond saying that they have not complied with my request and I will be withholding payment whilst in dispute?
15/8/19 - I have cancelled the StepChange payment. Will send letter re missing terms to M&S.

5/9/19 letter from M&S saying they have complied with regulations and agreement is legally enforceable. They will sell account to debt management or refer for litigation if I do not make payment. They strongly advise me to take independent legal advice re enforceability.

30/9/19 demand received from M&S saying I have 7 days to pay or they will pass account to DCA or disclose info about default to CRA’s. Filed.
14/10/19 monthly statement received
08/11/19 monthly statement
08/12/19 monthly statement
31/12/19 Letter from M&S concerned that I may be struggling to pay at the moment, advise me to chat to Stepchange - filed and ignored
08/01/20 monthly statement
09/02/20 monthly statement
17/03/20 letter received from HSBC UK Bank (owner of M&S Cards) - my account has been transferred to the Litigation Dept within HSBC Repayment Services. Possibly suitable for legal action and will now be managed by advisor within Pre-Litigation Dept. Contact within 14 days. If not they may send a formal Letter of Claim. This may have panicked me a year ago but after reading lots on here I will hold my nerve and file and ignore!
24/03/20 letter from M&S Bank - Wescott Credit Services Ltd will now take responsibility of my account. They will contact me directly.

Assume that Wescott are a debt management company who will manage on M&S behalf? It didn't stay with the HSBC pre litigation dept long!

[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: OC

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

I obviously spoke too soon above - letters from 2 creditors today and yesterday!
Nice to know in the midst of a huge health / economic crisis they are still chasing me for these debts.

[Lola girl]

It may well be a quiet time for us all

Here's hoping!

[nightwatch]

It may well be a quiet time for us all

[Lola girl]

Hello all at this very odd time.
So I am using my 'working from home' opportunity to good use and getting my unenforceable diaries up to date (see them at page 2 if you are interested in my progress). All letters filed away (and ignored!) and nothing very much to report. For anyone starting this process I had a flurry of activity and letters in the first 3-6 months but I am largely just getting monthly begging letters now. One of my creditors (Barclaycard) I have heard nothing at all since my UE credit agreement was received in August last year.

[Lola girl]

Link may have the freedom to sell the debt, but that won't make any difference to your life since the original creditor has already confirmed that they haven't got the credit agreement, which means your s78 CCA Request has not been complied with.

This is the legal position no matter who owns the debt

Keep that letter safe!

Di

Thanks Di...and oh it’s safe, in a paper file...in camera roll....and emailed to myself. Just in case!

Lola

[Joanna Connolly Solicitors]

As they were assigned the debt are they likely now to try and sell it on?

Link may have the freedom to sell the debt, but that won't make any difference to your life since the original creditor has already confirmed that they haven't got the credit agreement, which means your s78 CCA Request has not been complied with.

This is the legal position no matter who owns the debt

Keep that letter safe!

Di

[Lola girl]

Link will write and probably phone! Not necessarily straight away!
Your intention and goal here is Statute Barred.

But from now on silence! No communication!
Post up here anything you receive

Thanks Roger - they said in letter that it remains payable and they will continue to report default but I won’t be entering into any communication with them. As they were assigned the debt are they likely now to try and sell it on?

Lola girl

[Roger]

Link will write and probably phone! Not necessarily straight away!
Your intention and goal here is Statute Barred.

But from now on silence! No communication!
Post up here anything you receive

[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!!

After a rubbish day at work I came home to a very nice letter from Link. Yay!

Lola girl

[Lola girl]

do not remind them

No I definitely won’t be chasing them!

[The Tech Clerk]

do not remind them

[Lola girl]

yes please, let us know of anything else

Thanks NW, it’s all gone very quiet tbh! I was expecting more contact from the DCA’s once I’d stopped paying but it hasn’t really transpired. Link haven’t contacted me at all since they first bought the account and I sent my CCA request in July!

Lola girl

[nightwatch]

yes please, let us know of anything else

[Lola girl]

• Type of account: MBNA C/ C
• Date commenced: 9.1.14
• Approx balance: £7k
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 25.3.19
• Account owner: Moorcroft

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

15/8/19 - letter from Moorcroft saying they have asked the OC for the relevant documents. They advise also that they are not seeking to ‘enforce’ the agreement, they are only asking me to make an affordable repayment towards an outstanding debt. Very nice of them! Guess I just cancel the StepChange payment and wait to hear from them

28/8/19 letter received from Moorcroft with 2 years of statements and an agreement. Sent over to Niddy to be checked.

30/8/19. Enforceable....however Niddy advises that it isn’t a lawful s78 response. Advised to do nothing.

28/9/19 x5 phone calls / texts from Moorcroft this week, all ignored but they managed to catch me on the last one, I said I would not discuss anything over phone so could they please remove number and write only in future.

2/10/19 received two letters from Moorcroft. First one giving me 7 days to make arrangement to pay. The second one advising that stepchange have cancelled payments so would I contact them to discuss.

Assume I can just file and ignore these letters?
Lola girl