Lola girl UE diary...newbie!

[Lola girl]

• Type of account: M&S Bank
• Date commenced: 27.9.06
• Approx balance: £8k
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 1.3.19
• Account owner: OC

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 - Wescott Credit Services Ltd will now take responsibility of my account. They will contact me directly.
01/04/20 Text from Wescott - all collection activity is suspended due to coronavirus

Well - at least one of the DC’s is giving us a break!
Intrum on the other hand just sent letter informing they are thinking of taking me to court and adding fees of £185 and £80....timing is great!

[Lola girl]

I agree Roger now is definitely not the time to be chasing people for these historic debts!!

MisterK - this is exactly my plan. I’ll file and ignore along with all the others. To be fair to barclaycard /PRA I have received nothing but this one statement from them since they sent the UE agreement last August. The M&S letter from Hsbc bank above was a bit threatening - but within a few days it had been farmed out to wescott. Sure they will have a flurry of activity now for a couple of months.
I’m standing firm and seeing how things go. Thanks everyone

[MisterK]

I wouldn't be causing a fuss and putting my head above the parapet if I were you.

You really don't want to draw attention to yourself.

You are already in a very strong position as Niddy has confirmed this is UE. No need to feel harrassed at all, just continue to ignore them.

[Roger]

Yes BUT during the global crisis where governments are financially helping during this period for the bare ESSENTIALS
A complaint say to your MP or the FCA for harassment is in order for these UNESSENTIAL stale bad debts, and for which tax relief has already been conceded to Original Creditors!
You have enough worries without this nonsense!

Others may have advice here BUT I think that while this crisis is on going you have a strong Case against these DCA'S

[Lola girl]

• Type of account: Barclaycard
• Date commenced: 25/3/13
• Approx balance: £6k
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• 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.

I definitely spoke too soon - after nothing for months a flurry of letters on debts this week, obviously getting caught up with paperwork while working from home!!

[The Tech Clerk]

Just see what happens next. Eventually pass back to. Owner's for next stage?

[Lola girl]

Thanks....file and ignore then I guess!

[The Tech Clerk]

Wescot only hopeful commission agent's no power's not debt management company. No collection no money made and have no power

[Lola girl]

• Type of account: M&S Bank
• Date commenced: 27.9.06
• Approx balance: £8k
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 1.3.19
• Account owner: OC

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 - Wescott Credit Services Ltd will now take responsibility of my account. They will contact me directly.

Assume that Wescott are a debt management company who will manage on M&S behalf? It didn't stay with the HSBC pre litigation dept long!

[Lola girl]

• Type of account: Tesco Credit Card
• Date commenced: 24/3/2007
• Approx balance: £3,900
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 10.10.18
• Account owner: OC

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

I obviously spoke too soon above - letters from 2 creditors today and yesterday!
Nice to know in the midst of a huge health / economic crisis they are still chasing me for these debts.

[Lola girl]

It may well be a quiet time for us all

Here's hoping!

[nightwatch]

It may well be a quiet time for us all

[Lola girl]

Hello all at this very odd time.
So I am using my 'working from home' opportunity to good use and getting my unenforceable diaries up to date (see them at page 2 if you are interested in my progress). All letters filed away (and ignored!) and nothing very much to report. For anyone starting this process I had a flurry of activity and letters in the first 3-6 months but I am largely just getting monthly begging letters now. One of my creditors (Barclaycard) I have heard nothing at all since my UE credit agreement was received in August last year.

[Lola girl]

Link may have the freedom to sell the debt, but that won't make any difference to your life since the original creditor has already confirmed that they haven't got the credit agreement, which means your s78 CCA Request has not been complied with.

This is the legal position no matter who owns the debt

Keep that letter safe!

Di

Thanks Di...and oh it’s safe, in a paper file...in camera roll....and emailed to myself. Just in case!

Lola

[Joanna Connolly Solicitors]

As they were assigned the debt are they likely now to try and sell it on?

Link may have the freedom to sell the debt, but that won't make any difference to your life since the original creditor has already confirmed that they haven't got the credit agreement, which means your s78 CCA Request has not been complied with.

This is the legal position no matter who owns the debt

Keep that letter safe!

Di