Lola girl UE diary...newbie!

[Lola girl]

You're welcome. Mine is an HSBC credit card originally from 2002, I have yet to be provided with anything that I consider enforceable.

Mine was an M&S card, deemed unenforceable by Niddy but it’s a fairly large amount and I can’t risk a CCJ on this so need to be sure!
I think if they follow it through I’ll probs do a CCA request to Lowell and see if they had anything passed on as M&S sat on this one for 4 years before selling it on.

[Night Monkey]

Thanks Night Monkey, is yours an unenforceable one/similar time frame too?

You're welcome. Mine is an HSBC credit card originally from 2002, I have yet to be provided with anything that I consider enforceable.

[Lola girl]

It looks like you're slightly behind me on the Lowell/Overdales curve. My experience so far is several letters with all but daily robocalls and a 'Notice of Action' which I have just received. AAD wisdom seems to be that I should expect a formal Letter Before Action within a couple of weeks as the process grinds along.

Assuming of course that there is any logic to their actions, although reading your diary above it does parallel my experience exactly.

Thanks Night Monkey, is yours an unenforceable one/similar time frame too?

[Night Monkey]

Any advice on the above - overdale solicitors or Lowell? More scare tactics or likely to be considering legal action?

It looks like you're slightly behind me on the Lowell/Overdales curve. My experience so far is several letters with all but daily robocalls and a 'Notice of Action' which I have just received. AAD wisdom seems to be that I should expect a formal Letter Before Action within a couple of weeks as the process grinds along.

Assuming of course that there is any logic to their actions, although reading your diary above it does parallel my experience exactly.

[Still Waving]

Hi

Good call on refusing security questions. Means they can't bully you by phone. They will have to write. Wonder why they are reluctant to?

I note that in 2020 it was thought possibly suitable for legal action, but it wasn't followed through.

Wait and see what Overdales have to say. It will likely be a letter designed to convince you to pay. Report back with the precise content when it arrives.

[Lola girl]

[QUOTE=Lola girl;n1527968]

• Type of account: M&S Bank
• Date commenced: 27.9.06
• Approx balance: £2k
• Date last paid: Aug 2018 in full and August 2019 to SC
• Are you on arrangement: No
• Status: Default 1.3.19
• Account owner: Lowell

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 - Wescot Credit Services Ltd will now take responsibility of my account. They will contact me directly.
01/04/20 Text from Wescot - all collection activity is suspended due to coronavirus
15/05/20 letter from Wescot asking me to get in touch. Filed and ignored.
10/6/20 letter from Wescot asking me to get in touch within the next 10 days. Filed and ignored.
Daily texts received from Wescot despite blocking the number each time.
02/07/20 letter received from Wescot to say reduced settlement on offer. Filed and ignored.
18/07/20 letter from Wescot - please contact them. If I do not agree a way forward they will refer the account back to M&S. filed and ignored.
02/09/20 letter from M&S they have asked Credit Security Ltd to take responsibility for account
03/09/20 hello letter from Credit Security Ltd
17/9/20 letter from Credit Security Ltd concerned I have not replied and can I complete the enclosed I&E form. Filed and ignored.
Sept/Oct 20 - several calls from Credit Security to mobile until number blocked. Not answered any.
22/12/20 letter from Credit Security....if they don’t hear from me within 10 days they will return the account back to M&S. filed and ignored.
15/02/21 £50 cheque received from M&S after reviewing their collections process. Thanks!

30/5/23 account has been sold to Lowell Portfolio I Ltd (LPI). Letter received from both them and M&S Bank
June 23 - 2 x texts and 1 letter from Lowell - can I get in touch
June 23 - further 2 letters from Lowell can I contact them
July 23 - 2 letters from Lowell they are considering next steps
Aug 23 - 3 letters from Lowell can I contact them
Sept 23 - letter from Lowell they are considering legal action
Oct 23 - letter from Lowell - what legal action means
Nov 23 - letter from Lowell - what legal action means
January 24 - received a call from ‘overdale solicitors’ wanting to speak with me. They didn’t tell me what about and I refused security questions and said to write to me. A quick google search shows they are Lowell Solicitors so assume it’s in connection with this.
Jan 24 - daily calls this week from Overdale Solicitors all ignored.
[/QUOTE

Hi everyone and happy new year!
Any advice on the above - overdale solicitors or Lowell? More scare tactics or likely to be considering legal action?

[Night Monkey]

I will have 3 outstanding defaults by the time I have to take this new mortgage next year

How do you measure 'outstanding'? The defaults will show on your credit file for six years, mine are currently four years old and 'there' but not included in the summary count, and some time ago an adviser made us wait patiently until a default was three years and one month old before submitting a mortgage application, which was successful.

Circumstances and advice change over time, and as Roger says above I would talk to a mortgage adviser sooner rather than later to ascertain the current thinking.

[Still Waving]

I will have 3 outstanding defaults by the time I have to take this new mortgage next year (albeit with only a few months to run on each) so I don’t want a recent hard search showing. I might fire off a complaint to credit karma although I’m sure they will just fob me off!

Are the debts in question still showing on your credit reports? If so, I don't see that the search makes any material difference. Any proposed mortgage lender would be able to see the debts.

[The Tech Clerk]

they will fob off and say contact creditor no doubt?

[Lola girl]

I will have 3 outstanding defaults by the time I have to take this new mortgage next year (albeit with only a few months to run on each) so I don’t want a recent hard search showing. I might fire off a complaint to credit karma although I’m sure they will just fob me off!

[Roger]

Originally posted by Lola girl View Post
The only contact was the doorstep letter as advised above which I sent recently otherwise nothing else.
If I complain about the hard search (they have no reason whatsoever to do this and also did a soft search) will that affect the statute bar? I need to get a mortgage so could do with it off

Still Waving Who would you complain to, and how would you word it?

Link are using hard searches!
But it is supposed to be for intended Lenders. But Link aren't lenders are they?
The problem is, if you raise a complaint, it might be seen as acknowledging the Debt thus restarting the Statute Bar!

I think you should talk to a mortgage advisor

[Still Waving]

The only contact was the doorstep letter as advised above which I sent recently otherwise nothing else.

If I complain about the hard search (they have no reason whatsoever to do this and also did a soft search) will that affect the statute bar? I need to get a mortgage so could do with it off

Who would you complain to, and how would you word it?

[Lola girl]

Typical of Link hard search! They know it lasts 2 years and the intent is to hurt your Credit!

As Always Its better to work from your Diary Entry 5th July 2023

• Type of account: Debenhams C/C
• Date commenced: 15.3.07
• Approx balance: £4,300
• Date last paid: Aug 2018 in full and August 2019 to SC
• Are you on arrangement: No
• 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 10th July 2019 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.
04/06/20 letter from Link, asking me to get in touch regarding the balance. Filed and ignored.
7/7/20 statement of account received.
21/01/21 statement of account received

21/06/21 - response to my CCA request (from 2 years ago) received. First page containing my signature is pretty illegible. Sent over to Niddy to check over anyway.
uodated....Niddy says illegible and therefore still
20/7/21 statement of account received.
30/12/21letter from Link can I set up a repayment plan. Filed and ignored
05/01/22 statement of account received from Link
5/7/22 statement received - filed
5/3/23 letter from Moorcroft they are now collection on the account
20/4/23 letter from Moorcroft possible further action
4/5/23 letter from Moorcroft they are concerned I haven’t been in touch
1/6/23 letter threatening home visit from Moorcroft - filed
30/6/23 letter from Moorcroft with a name of an individual and a date when they will be attending my property to discuss further!

Link are attempting to BULLY you!
File and ignore ( Your21/06/21 entry explains ALL and LINK clearly know its Illegible ).
I presume you have had no contact with them or made any payments since 20/08/19 ? So another couple of years to go for Statute Bar

The only contact was the doorstep letter as advised above which I sent recently otherwise nothing else.

If I complain about the hard search (they have no reason whatsoever to do this and also did a soft search) will that affect the statute bar? I need to get a mortgage so could do with it off

[Roger]

My letters are from Moorcroft but they say debt is ‘Newday owned by Link’
The hard search says ‘debt collection’ and the soft search says affordability

Typical of Link hard search! They know it lasts 2 years and the intent is to hurt your Credit!

As Always Its better to work from your Diary Entry 5th July 2023

• Type of account: Debenhams C/C
• Date commenced: 15.3.07
• Approx balance: £4,300
• Date last paid: Aug 2018 in full and August 2019 to SC
• Are you on arrangement: No
• 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 10th July 2019 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.
04/06/20 letter from Link, asking me to get in touch regarding the balance. Filed and ignored.
7/7/20 statement of account received.
21/01/21 statement of account received

21/06/21 - response to my CCA request (from 2 years ago) received. First page containing my signature is pretty illegible. Sent over to Niddy to check over anyway.
uodated....Niddy says illegible and therefore still
20/7/21 statement of account received.
30/12/21letter from Link can I set up a repayment plan. Filed and ignored
05/01/22 statement of account received from Link
5/7/22 statement received - filed
5/3/23 letter from Moorcroft they are now collection on the account
20/4/23 letter from Moorcroft possible further action
4/5/23 letter from Moorcroft they are concerned I haven’t been in touch
1/6/23 letter threatening home visit from Moorcroft - filed
30/6/23 letter from Moorcroft with a name of an individual and a date when they will be attending my property to discuss further!

Link are attempting to BULLY you!
File and ignore ( Your21/06/21 entry explains ALL and LINK clearly know its Illegible ).
I presume you have had no contact with them or made any payments since 20/08/19 ? So another couple of years to go for Statute Bar

[Lola girl]

My understanding is that NewDay are credit card providers, for example they provide the John Lewis Card (the move of JL to them was the reason I cancelled it). Link are debt purchasers so my guess is that Link have bought the debt. Does the hard search say what it is for?

My letters are from Moorcroft but they say debt is ‘Newday owned by Link’
The hard search says ‘debt collection’ and the soft search says affordability