Lola girl UE diary...newbie!

[Mrreese6018]

The FCA ‘recommend’ all defaults are within 3-6 months of missing full payments and advising of financial difficulties. This is when you are deemed to have broken the agreement.

I often wondered this, I have debt my last payment was September and the default date is May, so it took them 8 months and 12 days(last payment from the bank statement to the default date on my credit report) to default me.

[Lola girl]

I always thought that the OC are at liberty to choose default date? Isn’t it when they decide to accept it is defaulted as in my experience there is always a time difference between the stop paying/reduced payment and default dates?

The FCA ‘recommend’ all defaults are within 3-6 months of missing full payments and advising of financial difficulties. This is when you are deemed to have broken the agreement.

[Lola girl]

People have restarted the Statute Bar Clock by complaining! It's seen as recognising the Debt.
10 months really is neither here nor there . I presume that Aug 2019 last payment rather than Jun (6) 2019 (Default) so that points to say Sep 2025 earliest.
It may be that the CCA sent to you is UE and I understand there is Case Law that can stop such Debts being reported but talk to Colin G Quinn

thanks for this - yes I don’t want to restart the clock.
Normally 10 months would be nothing but actually in my case it could be hugely beneficial to get the default earlier as I will need to get a mortgage in sept /oct 24. My last full payment was Aug 18 and it was then I wrote and advised at financial issues.

also re the CCA it was my understanding that you could only challenge the reporting of a default if a court had deemed the CCA unenforceable?

[Timewilltell]

I always thought that the OC are at liberty to choose default date? Isn’t it when they decide to accept it is defaulted as in my experience there is always a time difference between the stop paying/reduced payment and default dates?

[Roger]

If I wanted to complain about the default date on this account (they took 10 months to register the default after I advised them of financial difficulties) would I need to contact Link? Or Newday (original creditor). Would such a letter restart the statute barred clock (particularly if it went to original creditor)?

People have restarted the Statute Bar Clock by complaining! It's seen as recognising the Debt.
10 months really is neither here nor there . I presume that Aug 2019 last payment rather than Jun (6) 2019 (Default) so that points to say Sep 2025 earliest.
It may be that the CCA sent to you is UE and I understand there is Case Law that can stop such Debts being reported but talk to Colin G Quinn

[Lola girl]

• 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

If I wanted to complain about the default date on this account (they took 10 months to register the default after I advised them of financial difficulties) would I need to contact Link? Or Newday (original creditor). Would such a letter restart the statute barred clock (particularly if it went to original creditor)?

[Lola girl]

• Type of account: Barclaycard
• Date commenced: 25/3/13
• Approx balance: £6k
• Date last paid: Aug 2018 in full / August 2019 to SC
• Are you on arrangement: No
• 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.
7/5/20 - 5 calls from PRA this last week. Answered the 3rd one and told them I do not discuss anything over the phone. They are obviously lockdown bored!
21/05/20 - another week of calls from PRA, answered 2 days ago and stated I do not discuss over phone and can they remove number. Another call yesterday, said they are now harassing me. They have guaranteed no more calls (yeah right).
26/05/20 letter received from PRA...
Thanks for your contact. The balance of your account is....
1/10/20 - email from PRA did I know I could set up payment plan online.
8/10/20 - email as above again
15/10/20 - email as above again

17/10/20 - letter from Barclaycard, they are refunding some interest to PRA as my credit limit was deemed too high. They also want to send me £75 for the inconvenience.
22/10/20 email from PRA do I want to set up payment plan online.
14/12/20 email from PRA do I want to pay
Jan - June 21 - weekly emails from PRA - do I want to set up payment plan.
09/03/22 letter from PRA - as I have not paid or arranged to they are transferring my account to Moorcroft this week.

When PRA say they are ‘transferring’ to Moorcroft on a given date - do they mean they have sold this account to them or that Moorcroft will be their agent?

[stuckinarut]

JCS - 1 .... Intrum - nil
thanks to Di for the hand holding at the beginning and to Team JCS for their expertise Intrum threw in the towel. Relieved and thrilled in equal measure.

thanks again all
Lola x

Superb. well done to all

[Lola girl]

• Type of account: Tesco Credit Card
• Date commenced: 24/3/2007
• Approx balance: £3,900
• Date last paid: Aug 2018 in full and August 2019 to SC
• Are you on arrangement: No
• Status: Default 10.10.18
• Account owner: Intrum Uk Finance Ltd

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
31/03/20 letter from Intrum - we are thinking of taking you to court. We don't want to but are considering applying for a county court judgement, they may also add court fees of £185 and solicitors costs of £80. If I am affected by Coronavirus I can contact them. No let up from them in current health / economic crisis! Filed and ignored.
10/4/20 letter from Intrum - would you like a discount? We want to help you to pay without taking you to court. Filed and ignored.
20/4/20 letter from Intrum - we’re getting ready for legal action. Your account will be handed to the legal team on 30/4/20. May apply for a CCJ and ask court for an attachment of earnings order and a charging order. Filed and ignored
7/5/20 letter from Intrum - dated 1st May. Headed from the Legal Department. This team are in charge of getting a CCJ against me. They have given me until 11th May to contact them prior to application for CCJ/ solicitors costs and court fees. Filed and ignored.
11/9/20 - letter from Intrum, they regret I haven’t been in touch. Account on hold for 10 days then passes to solicitors for Letter before Claim. Filed and ignored.
30/10/20 received letter of claim from Lester Aldridge on behalf of Intrum. Copy sent to Di for some advice as this is enforceable.
06/11/20 long chat with the lovely Di regarding the Intrum letter of claim and Tesco docs (and their enforceability!), still have a couple of weeks to reply. SAR sent to Tesco in the meantime.
5/12/20 SAR documents received from Tesco. Did not reply to the letter of claim in November.
6/1/21 annual statement received from Intrum
13/1/21 Intrum have carried out 2 searches on my credit file.
20/1/21 County Claim received from court’s re: Intrum
28/01/21 Court claim has been passed to JC and the team to deal with so fingers crossed this one gets sorted and they get off my back.

As part of the process Intrum have let slip how much they bought this debt for.....47 quid.

24/5/21 by way of an update Intrum did proceed with the claim. JC solicitors are dealing with this for me and a hearing is listed for August. Will update later with the outcome.

19/10/21 JCS picked up this claim on my behalf and fought it until a week before the hearing when Intrum agreed to discontinue the claim. I am thrilled and so grateful to Di and all at JCS!

JCS - 1 .... Intrum - nil
thanks to Di for the hand holding at the beginning and to Team JCS for their expertise Intrum threw in the towel. Relieved and thrilled in equal measure.

thanks again all
Lola x

[Lola girl]

Thought I’d update my thread as it’s now been three quick years since I started my journey.
Back in 2018 when my accounts defaulted (due to marriage breakdown) I was so worried about my financial future, however one thing...knowledge is power and the letters are not so scary when you realise they are just churned out to everyone. Six years seemed like such a long time to be dealing with it all but I’m officially half way there!

in summary...
Barclaycard - default 2018, will be SB 2025. U/E and with PRA, get emails a couple of times a month.
Tesco - with Intrum, court hearing is due in September
M&S - default 2019, SB 2025. Still with the OC and U/E. They don’t chase much
Debenhams - default 2019, SB 2025, with Link and U/E. they don’t chase me.
MBNA - default 2019, SB 2025, with the OC and Enforceable. They don’t chase much.
HSBC Loan - default 2018. Paid £5 per month since and have just agreed F&F for £1k (off a debt of £6k).

Apart from the Intrum claim and the F&F most of these rarely contact me. I did send general missing terms letters to the U/E ones at the beginning (before I got the hang of things) and I do wonder if some of these have been put on the back burner because of that?

Hopefully the Intrum claim will resolve positively and that will be two dealt with this year.

Keep going everyone... time really does fly once you get going.
lola x

[Lola girl]

Sorry to intrude, are interum still not authorised?

Thanks

Mr Reese

They don’t have authorisation as far as I’m aware but it hasn’t stopped them from putting in a claim against me which is due for a hearing in September ... lola x

[Mrreese6018]

Hasn’t stopped Intrum has it!

Sorry to intrude, are interum still not authorised?

Thanks

Mr Reese

[Lola girl]

• 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

Took them 2 years to come up with this and it’s still unenforceable!

[Lola girl]

This maybe stems from a practice prevalent several years ago, where people would send the creditor a cheque, with 'in full and final settlement' handwritten on the back, or in a covering letter, in the belief that if the creditor cashed the cheque, they were bound to the condition. This is not the case. The creditor is entitled to take any payment from the debtor, as the debt is considered to be owed.

The creditor, in similar cases, argued that it was received by the "post room" staff who did not have any authority (actual or perceived) to compromise the debt.

However, if a third party makes the payment, that person does not owe the debt to the creditor, so the payment if accepted, is on the terms as laid out. Hence a full and final third party settlement is a better bet.

Having said that, if the creditor has specifically agreed to your terms in writing, there is no reason to expect them to break the terms. If they were to then it would constitute an unfair relationship act and the 'debtor' would be able to defend on the basis of promissory estoppel.

Thanks for this....I have it all in writing from them and will make sure it’s safely stored

[Lola girl]

That's an added bonus!

What will be the new default date, and when will the entry fall off your CRA file (which will be six years after the registration date)?

Di

Beginning of January 2019 so a while to go on this one yet. Oh and it’s my parents I felt bad for not HSBC...they have had enough money off me over the years! x