Lola girl UE diary...newbie!

[Roger]

Don't send for another CCA!
When Debts are sold few if any documents are handed over!

Tactically it pays to be Silent and at the bottom of their to do list!

".. 28/9/19 x5 phone calls / texts from Moorcroft this week, all ignored but they managed to catch me on the last one, I said I would not discuss anything over phone so could they please remove number and write only in future..."

Thats very good At this time as far as I can see you have been SILENT for more than 3 years!

Don't ACCEPT or encourage or otherwise emails , phone calls or SMS. The CCA 1974 legislation as enacted is Paper documents and PO Mailed delivered!
You could treat PRA emails as JUNK or suspect because you've never had a letter from them have you!!

Its curious that MBNA have delayed the sale of the Debt! At some point a SAR will be useful to check MBNA out on what they do or do not Have in their records BUT at the MOMENT file and silence!

[Lola girl]

• Type of account: MBNA C/ C
• Date commenced: 9.1.14
• Approx balance: £7k
• Date last paid: Aug 2018 in full and August 2019 to SC
• Are you on arrangement: No
• Status: Default 25.3.19
• Account owner: O/C

CCA request 30/7/19 - no response as yet

15/8/19 - letter from Moorcroft saying they have asked the OC for the relevant documents. They advise also that they are not seeking to ‘enforce’ the agreement, they are only asking me to make an affordable repayment towards an outstanding debt. Very nice of them! Guess I just cancel the StepChange payment and wait to hear from them

28/8/19 letter received from Moorcroft with 2 years of statements and an agreement. Sent over to Niddy to be checked.

30/8/19. Enforceable....however Niddy advises that it isn’t a lawful s78 response. Advised to do nothing.

28/9/19 x5 phone calls / texts from Moorcroft this week, all ignored but they managed to catch me on the last one, I said I would not discuss anything over phone so could they please remove number and write only in future.

2/10/19 received two letters from Moorcroft. First one giving me 7 days to make arrangement to pay. The second one advising that stepchange have cancelled payments so would I contact them to discuss.

28/10/19 letter from Moorcroft stating they are concerned I’ve not been in touch. Would I like to pay the outstanding by instalments? I have 7 days to respond. Filed

12/11/19 letter from Moorcroft, concerned I have failed to set up repayment plan. Advise if I do not contact in 7 days they may continue to contact me, send a home visit or continue adverse entry on credit report. Filed
23/11/19 letter from Moorcroft - they have passed my account to the 'Home Collections Dept' and this MAY involve a local representative calling at my home to help me reconnect and establish my circumstances. If I want to avoid this I can contact them to arrange to pay by 02/12/19. Their client may be able to offer a substantial discount! Filed and ignored
06/01/20 Discount offer letter from Moorcroft - to prevent the possibility of further recovery action being taken the client may be able to offer a substantial discount, if I pay an acceptable lump sum within 14 days they will not pursue the remaining balance. Filed and ignored.
05/02/20 - Good News letter from Moorcroft - if I telephone them today I can have either an interest free repayment plan or a substantial discount! Filed and ignored
18/02/20 Statement received directly from MBNA, confirmation 22/08/19 was last payment made to them
20/01/21- annual statement received directly from MBNA
30/1/21 - letter from MBNA, account collection now passed to Wescot Credit Services Ltd.....here we go again.
9/4/21 - letter from wescot asking me to pay. Also postcard from them asking me to ring. Filed and ignored
11/4/21 - letter from wescot, enquiries show i live at this address but they haven’t heard from me. Filed
21/4/21 - letter from wescot reduced settlement on offer. Filed and ignored. Also texts arriving every few days, all deleted.
09/05/21 letter from wescot - giving me an opportunity to take control of balance. Also daily calls and texts all ignored.
21/5/21 letter from 2f ? Titled Confirmation of residency. Says that MBNA will take further steps to re-establish contact if I do not speak to them. 2f is trading name for wescot. Filed and ignored.
14/06/21 payslip style letter through the post from 2f (wescot) telling me to ring the number. Ignored.
10/12/21 annual statement received from MBNA
11/12/22 email from PRA to say they have bought account from MBNA.

So MBNA have finally sold this account on to PRA. The agreement is enforceable (and Niddy didn’t recommend going to court on this one) so what would your advice be once PRA start hassling me? Should I do another CCA request to make sure they have hold of the agreement? If they do would an F&F offer be better on this one? Thanks guys

[Lola girl]

"26/05/20 letter received from PRA...
Thanks for your contact. The balance of your account is...."

Cheeky bu@@ers!

i know - like to see them prove MY contact!

[Lola girl]

Yes, a lot more worried people to chase - makes it less cost-effective to keep chasing AADers.

I hope so!!

[Still Waving]

"26/05/20 letter received from PRA...
Thanks for your contact. The balance of your account is...."

Cheeky bu@@ers!

[Still Waving]

Hello everyone hope all doing okay. Just a couple of letter updates to my diary on page 2 but really been quiet this last year or so.
I am now 4 years into my journey and it has flown by! Am sure the debt recovery businesses are being kept busy these days with the cost of living crisis!

lola x

Yes, a lot more worried people to chase - makes it less cost-effective to keep chasing AADers.

[Lola girl]

Hello everyone hope all doing okay. Just a couple of letter updates to my diary on page 2 but really been quiet this last year or so.
I am now 4 years into my journey and it has flown by! Am sure the debt recovery businesses are being kept busy these days with the cost of living crisis!

lola x

[Mrreese6018]

I quoted the guidelines to HSBC and asked them to move mine to the 3 month mark which they did happily. Although on this I offered a F&F, whereas I wouldn’t want to risk re-setting the SB clock.

I am 2 months away from sb, so I definitely don't want to stick my head above the parrapit. So far the dca just keeps sending me ways to pay letter. But I did have a previous debt with the same DCA and when they threatened me with legal action I cca them and 7 years on I'm still waiting for that cca. So I'm assuming they know I will do the same and are just living in Hope that I might want to pay. I am also assuming if I challenged the default date I'm admiting to the debt.

[Lola girl]

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.

I quoted the guidelines to HSBC and asked them to move mine to the 3 month mark which they did happily. Although on this I offered a F&F, whereas I wouldn’t want to risk re-setting the SB clock.

[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)?