GDPR Cookie Consent by SimpleServe Privacy Script Lola girl UE diary...newbie! - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Lola girl UE diary...newbie!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    Originally posted by Lola girl View Post

    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
    Last edited by Diana Mayhew; 4th October 2019, 11:56. Reason: technical issues
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #62
      Originally posted by Diana Mayhew View Post


      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

      Comment


      • #63
        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.

        Comment


        • #64
          It may well be a quiet time for us all
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #65
            Originally posted by nightwatch View Post
            It may well be a quiet time for us all
            Here's hoping!

            Comment


            • #66
              Originally posted by Lola girl View Post
              • 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.

              Comment


              • #67
                Originally posted by Lola girl View Post
                • 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!

                Comment


                • #68
                  Wescot only hopeful commission agent's no power's not debt management company. No collection no money made and have no power
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #69
                    Thanks....file and ignore then I guess!

                    Comment


                    • #70
                      Just see what happens next. Eventually pass back to. Owner's for next stage?
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #71
                        Originally posted by Lola girl View Post
                        • 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.
                        I definitely spoke too soon - after nothing for months a flurry of letters on debts this week, obviously getting caught up with paperwork while working from home!!

                        Comment


                        • #72
                          Yes BUT during the global crisis where governments are financially helping during this period for the bare ESSENTIALS
                          A complaint say to your MP or the FCA for harassment is in order for these UNESSENTIAL stale bad debts, and for which tax relief has already been conceded to Original Creditors!
                          You have enough worries without this nonsense!

                          Others may have advice here BUT I think that while this crisis is on going you have a strong Case against these DCA'S
                          Last edited by Roger; 31st March 2020, 18:34. Reason: typos

                          Comment


                          • #73
                            I wouldn't be causing a fuss and putting my head above the parapet if I were you.

                            You really don't want to draw attention to yourself.

                            You are already in a very strong position as Niddy has confirmed this is UE. No need to feel harrassed at all, just continue to ignore them.

                            Comment


                            • #74
                              I agree Roger now is definitely not the time to be chasing people for these historic debts!!

                              MisterK - this is exactly my plan. I’ll file and ignore along with all the others. To be fair to barclaycard /PRA I have received nothing but this one statement from them since they sent the UE agreement last August. The M&S letter from Hsbc bank above was a bit threatening - but within a few days it had been farmed out to wescott. Sure they will have a flurry of activity now for a couple of months.
                              I’m standing firm and seeing how things go. Thanks everyone

                              Comment


                              • #75
                                Originally posted by Lola girl View Post
                                • 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.
                                01/04/20 Text from Wescott - all collection activity is suspended due to coronavirus
                                Well - at least one of the DC’s is giving us a break!
                                Intrum on the other hand just sent letter informing they are thinking of taking me to court and adding fees of £185 and £80....timing is great!
                                Last edited by Lola girl; 2nd April 2020, 15:31.

                                Comment

                                Working...
                                X