Lola girl UE diary...newbie!

[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 ........

[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

[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

[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.

[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

[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

[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]

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

Thanks NW - support and humour definitely helps! x

[Joanna Connolly Solicitors]

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

How is the "financial mess" going

Update your thread with any news good or bad, so it can be tackled in case there's anything urgent which happened while the forum was offline due to maintenance recently.

Di

[Lola girl]

How is the "financial mess" going

Update your thread with any news good or bad, so it can be tackled in case there's anything urgent which happened while the forum was offline due to maintenance recently.

Di

Thanks Di - glad everything back up and running! It’s been fairly quiet which I imagine will be the same for lots of people during the covid months. I have a few things which I will pop on tomorrow and update the thread with. Hope you are well x

[Lola girl]

I have updated my debts (page 2). It’s been quiet during Covid....have other people experienced the same? I wondered if there were lots of new defaulters this year keeping them busy. Also - anyone had experience of Credit Security Ltd? My M&S debt has been passed back from wescot and now been given to Credit Security to look after.

Hope all are well during these difficult times, glad the board is back up and running

Lola x

[Moonmonkey]

I have updated my debts (page 2). It’s been quiet during Covid....have other people experienced the same? I wondered if there were lots of new defaulters this year keeping them busy. Also - anyone had experience of Credit Security Ltd? My M&S debt has been passed back from wescot and now been given to Credit Security to look after.

Hope all are well during these difficult times, glad the board is back up and running

Lola x

Hi Lola, been very quiet the only one on my case are Link who sent me an unenforceable CCA after i picked up the phone to them.

[Lola girl]

Hi Lola, been very quiet the only one on my case are Link who sent me an unenforceable CCA after i picked up the phone to them.

Well there’s one letter I’m sure you didn’t mind receiving!

[Timewilltell]

Lola, do you use the FCA Register to search these companies such as Wescot and Credit Security ?

https://register.fca.org.uk/s/

it will allow you to see if they are a debt purchaser or debt collector as well as if they are actually legal and legitimately registered.

[Lola girl]

Lola, do you use the FCA Register to search these companies such as Wescot and Credit Security ?

https://register.fca.org.uk/s/

it will allow you to see if they are a debt purchaser or debt collector as well as if they are actually legal and legitimately registered.

Thanks for this - seems they are regulated for debt collection. I know that they are only managing the account, it is still with M&S