Lola girl UE diary...newbie!

[Dottir]

Hi Lola

I think you really should send a CCA request and/or sold whilst in dispute. At best it will tell them they haven't got a leg to stand on. At worst they will already have this or be in the process of sourcing it.

[Lola girl]

Yes they have - but I’m assuming a LOC will be followed through with a claim usually.

Yes spoke with JCS and will instruct if and when the claim is issued….just worrying I guess…

[Still Waving]

They have been threatening legal action since September 2023, over six months now.

As I understand it from another thread, you are following JCS advice on this one.

[Lola girl]

• Type of account: M&S Bank
• Date commenced: sept 06
• Approx balance: £8k
• Date last paid: Aug 2018 in full and August 2019 to SC
• Are you on arrangement: No
• Status: Default feb 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
June 23 - 2 x texts and 1 letter from Lowell - can I get in touch
June 23 - further 2 letters from Lowell can I contact them
July 23 - 2 letters from Lowell they are considering next steps
Aug 23 - 3 letters from Lowell can I contact them
Sept 23 - letter from Lowell they are considering legal action
Oct 23 - letter from Lowell - what legal action means
Nov 23 - letter from Lowell - what legal action means
January 24 - received a call from ‘overdale solicitors’ wanting to speak with me. They didn’t tell me what about and I refused security questions and said to write to me. A quick google search shows they are Lowell Solicitors so assume it’s in connection with this.
Jan 24 - daily calls this week from Overdale Solicitors all ignored.
Jan 24 - letter received from Overdales - they have taken over account and are instructed to take legal proceedings for CCJ - they list the 1k in fees they will charge for this and invite me to set up payment plan. Letter enclosed also from Lowell stating the same.
Jan 24 - SAR sent to M&S bank to determine what data they hold
Further call from Overdales - ignored
Jan 24 - letter of claim received from Overdales on behalf of Lowell.

Hi all

Having a bit of a wobble and could do with some advice or words of support.

After taking advice I didn’t respond to the LOC and haven’t heard anything further yet.
The SAR didn’t throw up anything other than what I already had from M&S so I still only have an unenforceable agreement. Not sure if they could rectify but M&S didn’t bother when I did my initial CCA request and sent a missing terms letter.

As part of my divorce I need to take a new mortgage later this year to get my ex off the deeds so a CCJ isn’t an option.

If I go to court and win, great. If I lose I will have 30 days to come up with about 9 grand

I’m just so worried all the time waiting for this claim to come through.
I am considering a new CCA request, or a SWID letter just to delay things but don’t know.

Feeling really dejected about this one

Lola

[Still Waving]

I agree.

It seems like a good discount, but for PRA it still represents an excellent result. You can't afford the discounted sum, so why contact them at this time? See what happens next.

[Roger]

The assignment to PRA 30/11/22 and 14 months later they are offering a discount.
MBNA Date commenced: 9.1.14 so this is already 10 years ago!
30/8/19. Enforceable....however Niddy advises that it isn’t a lawful s78 response. Advised to do nothing.

Before a claim PRA would need to send a Letter Before Claim.
Even if a Claim was issued negotiation is still an Option!

As far as I can see you have filed and not responded since cancelling the StepChange August 2019? So 6 years plus 1 month is say September 2025.
How much of this is known to PRA? Probably very little!

So a continued SILENCE is the right course here !

[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
4/11/22 annual statement received from MBNA
11/12/22 email from PRA to say they have bought account from MBNA.
11/12/22 letter from both PRA and MBNA to say account has been assigned as of 30/11/22
Dec 22 - Feb 23 daily calls from PRA ignored along with weekly emails.
12/1/23 discount offer letter received - they MAY take a lower offer than full settlement. Ignored.
feb 23 - daily calls from PRA, answered eventually and told them I don’t take calls and to remove number. Further calls for 3 days so I have said it’s harassment and I would complain.
23/2/23 letter with suggestions to manage my account from PRA with 10% discount
March 23 - no further calls
June 23 - 2 x emails from PRA would I like to pay
October 23 - statement of account received
feb 24 - offer to settle for 65% discount.

Hi all
This one is enforceable and Niddy’s advice was not to risk any court action on this one. They have offered to settle for 35% of the balance. I can’t afford that but wonder if at this point it is worth entering into some negotiation with PRA. I would likely have offered a small monthly payment if they hassled me so not sure on this one only if I need to concern too much about statute barred impact.

Any advice on starting offer? Do we have a template letter? Thanks

[Roger]

Pat

https://all-about-debt.co.uk/forum/d...06#post1549206

" .. My argument is that no two debts are the same, some need and warrant paying for legal representation and some don’t . I also note most debtors are in some way vulnerable and may jump at any ‘advice’ given them. .."
The AAD Diary is precisely because NO TWO DEBTS ARE THE SAME AND COMMENTS ARE TO PARTICULAR RATHER THAN GENERALISED.

This is Lola girl Diary

[Pat]

Roger- what is a Forum?

https://dictionary.cambridge.org/dic.../english/forum

Does that help? How do you define genuine people? Are people with experience not allowed to post here?

[Roger]

SteveB

AAD has a history and record of helping genuine people with real Debt and Health problems take control of their Lives!

This is NOT your DIARY!

[SteveB]

Oh I’m so sorry Sir Roger. I thought our role was to offer alternatives to the poster and not give advice. Are you qualified to give such advice?

You seem to give the same advice to everyone which is keep silent, or when a LoC lands consult a solicitor. Neither is necessarily the best course of action.

Lola you need to do what is right for you and not what others try to tell you. Look around and make an informed decision based on the best opinions out there.

[Roger]

And maybe they can now make a more informed decision than earlier. They now have some alternative views and evidence. The evidence may also help someone else so it’s a win win.

Your Words " .. My argument is that no two debts are the same, some need and warrant paying for legal representation and some don’t . I also note most debtors are in some way vulnerable and may jump at any ‘advice’ given them. .."

The AAD Diary is precisely because NO TWO DEBTS ARE THE SAME AND COMMENTS ARE TO PARTICULAR RATHER THAN GENERALISED.

This is Not your DIARY

[SteveB]

SteveB This is Lola girl Diary

And maybe they can now make a more informed decision than earlier. They now have some alternative views and evidence. The evidence may also help someone else so it’s a win win.

[Roger]

SteveB This is Lola girl Diary

[SteveB]

There are many people who have posted on here without spilling what their personal debt history is. Would you ask Prof David Starkey on how he knows about the Tudors ?

Let’s say I have a deep interest in debt, follow various experts on Twitter etc including JC. I call out wrong or poor advice , was banned more times than I care to remember from some of the let’s say rings groups both on forums and FB for challenging their ideas such as the dangerous three letters.

My argument is that no two debts are the same, some need and warrant paying for legal representation and some don’t . I also note most debtors are in some way vulnerable and may jump at any ‘advice’ given them.

Answering a LoC has a track record, both here and elsewhere, in stopping debt purchasers in their tracks. There is also reputable sources that say ignoring them is not a good idea- for example National Debt Line and Debt Camel a registered debt advisor.


https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#13.1

I personally believe that while the Government is not on our side they do provide a framework