Lola girl UE diary...newbie!

[Roger]

Assume nothing prove everything. (If you really need too)

CCA 74 isn't a assumption its the Consumer's Credit Act for the conduct of the Account on both parties Creditor and Borrower.
The legal Documents have to be accurate especially the value of the DEBT.
The onus is on the Claimant to Prove their Claim. Since the Debt has been sold the Claimant will be the DCA not the Bank.
The Bank won't be in Court!
Don't over think and don't presume. Record Make Notes and yes SILENCE

[Timewilltell]

Assume nothing prove everything. (If you really need too)

[Roger]

The AAD approach to Debts is a good Diary.
We make notes for yourself and yes SILENCE.
Tactics have changed in the last 2-3 years.
We are lucky because JCS will permit the initial interview FREE.
So it stands to reason if and or when you might need Legal Advice make sure that your DIARY is factually up to date.

Now back to the point here. The Original Debtor has sold the Debt then at some future date sends a cheque refering to some generalise unspecified irregularity.
These debts are under CCA 74 and this includes specific LEGAL documents that have to be factually correct.
Well the presumption is that the BANK is now admitting a failure under the terms of the CCA 74 else why send a cheque?

[Timewilltell]

The problem with courts is you are relying on one persons opinion/judgment and as highlighted no one person can be around all laws to know them all well enough? So it’s a gamble, and yes you can employ the services of Jcs or any other solicitor but as any will tell you even they can’t guarantee a win.
so play the long game and avoid court until you can no longer.

[Pat]

What Procedures PAT?
This is a CCA 74 Account. Its the terms of that Agreement that relevant. An ex gratia payment suggest that an error on the part of the Bank!
The BANK is NOT a Charity it has sold this Account and now admits what?
Its NOT for you to prove! Its for any claimnant to PROVE to a Judge and if they don't know! The inference is that the amount owed is £50.00 overstated.
Not your problem don't over think.

I’m not overthinking I am just thinking!
If you put in an affirmative defence the onus of proof is then on you- so if you say the DN sum must have been wrong because they sent me £50 you would be laughed at.

Of course banks are not charities but they do things because they have to. For example they do not make money from basic bank accounts but they have been told to provide them by government and regulators.

Even if you claim no DN some judges will ask why that is important. Remember they are not experts in the CCA.

Avoid court at all costs- well not all costs but if at all possible.

[Roger]

I don’t think they are suggesting anything other than something was amiss in their procedures. If you made that suggestion to a judge their first questions would be evidence and evidence.

What Procedures PAT?
This is a CCA 74 Account. Its the terms of that Agreement that relevant. An ex gratia payment suggest that an error on the part of the Bank!
The BANK is NOT a Charity it has sold this Account and now admits what?
Its NOT for you to prove! Its for any claimnant to PROVE to a Judge and if they don't know! The inference is that the amount owed is £50.00 overstated.
Not your problem don't over think.

[Pat]

[QUOTE=Roger;n1547988
.."
They are infering that the figures in their Default Notice are likely to have been wrong. Overstated and this is important[/QUOTE]

I don’t think they are suggesting anything other than something was amiss in their procedures. If you made that suggestion to a judge their first questions would be evidence and evidence.

[Lola girl]

I see that way back when Niddy said it was UE. Do you still have that document? Now it is sold on, they may have difficulties obtaining it and may possibly 'reconstitute' one. In addition, do you still have the Default Notice? DN's are terribly terribly important.

Hi yes I have everything they have sent all files away thank goodness

[Roger]

I see that way back when Niddy said it was UE. Do you still have that document? Now it is sold on, they may have difficulties obtaining it and may possibly 'reconstitute' one. In addition, do you still have the Default Notice? DN's are terribly terribly important.

You don't mention a Default Notice but I assume you were sent one!
"..
5/02/21 £50 cheque received from M&S after reviewing their collections process. Thanks!
.."
They are infering that the figures in their Default Notice are likely to have been wrong. Overstated and this is important

[Pat]

I see that way back when Niddy said it was UE. Do you still have that document? Now it is sold on, they may have difficulties obtaining it and may possibly 'reconstitute' one. In addition, do you still have the Default Notice? DN's are terribly terribly important.

[Still Waving]

Hi everyone,

I have updated the recent letters to my accounts on page 2. Most of note is this one. Was with the OC - M&S bank since defaulting and not really heard anything in the last 3 years but they have suddenly sold it on to Lowell.

It seems M&S have recently sold a batch of accounts to Lowell. Do nothing for now, and post here for assistance when Lowell start chasing you. Don't respond to them unless advised here.

[Lola girl]

• Type of account: M&S Bank
• Date commenced: 27.9.06
• Approx balance: £8k
• 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

Hi everyone,

I have updated the recent letters to my accounts on page 2. Most of note is this one. Was with the OC - M&S bank since defaulting and not really heard anything in the last 3 years but they have suddenly sold it on to Lowell.

[Timewilltell]

Lola, don’t despair or feel defeated at this stage. There is more to compliance than you think so an agreement is only one piece of the pie ingredient there are many other ingredients required to be enforceable.

[Lola girl]

Thanks yes I’m happy to remain silent for now and see how it plays out but won’t be taking any chances with court action on this one as it is my only enforceable one.

[Still Waving]

I agree with Roger. Have no contact with PRA at this time. Dismiss any thought of sending a CCA74 request. Not the right time to be sending a SAR to MBNA either. They were able to produce an agreement only 3 years ago, so likely still can. You just want to eke out the time for as long as you can without having any contact with either PRA or MBNA.