Lola girl UE diary...newbie!

[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.

[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!