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  • Lola girl
    replied
    Originally posted by nightwatch View Post
    HI, Support on this site is always free, as are SOME of the templates, Please do become a member, but, don't print or send any template letters just yet.
    just check in with us to see what might be sent in reply to any letters you receive.
    there is no need to tell them why you have stopped payment.
    just stop and put the money to one side, so that you have some money behind you if it is needed at some point further ahead.

    You can expect a deluge of phonecalls and letters at the start of not paying them, Can I suggest you DON'T speak to them on the phone, it is better to deal in Snail Mail (letter) so a paper trail is kept for each account
    get yourself a couple of files and in my case, a large filing cabinet.

    Welcome to AAD
    NW xx
    Thank you! I will subscribe and will gladly take any advice and guidance on the way forward.
    I have been on a DMP with SC for a year and have removed numbers etc. I have a good file system set up but as I move into self managed and deal with these CCA requests I am having to do a lot more admin!

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Lola girl View Post

    15/8/19 - confirmation received that this one is also unenforceable.

    That's good to hear especially since this Barclaycard was opened in 2013.

    From now on each time you receive a letter/email/call/text you can update the debt's history by adding the new info to your original post, so your Diary will have all the relevant facts in one place..

    You'll soon get the hang of things.

    All help and support on AAD is free.

    Di


    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Lola girl View Post
    • 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 - advise on what I should respond please?

    You don't need to respond to Tesco.

    This account is still with them so they know it's *you* who's sent the CCA Request, unless you've moved house and they don't recognise your new address.

    They've also acknowledged receipt of your Request in their letter.

    Job Done

    Di

    Leave a comment:


  • nightwatch
    replied
    Originally posted by Lola girl View Post
    • 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 - advise on what I should respond please?
    Tesco wouldn't send me a CCA with out a signiture, even though It was pointed out it didn't need one, they even sent the letter, telling them it didn't need a siggy, back to me , saying it wasn't signed,
    The letter saying to stop playing around was also returned saying "not signed"
    they then past it to a DCA who , when I sent a Sold in dispute letter to them, sent me copys of the three letters I had sent, saying they needed to be signed, I sent one saying which one, as they had photo copied them all mixed up on the back of one another,
    Tesco then sent me a "copy" of what they had , but, under the DPA, which was strange as a DPA request has to be signed,

    strange workings x NW

    Leave a comment:


  • nightwatch
    replied
    HI, Support on this site is always free, as are SOME of the templates, Please do become a member, but, don't print or send any template letters just yet.
    just check in with us to see what might be sent in reply to any letters you receive.
    there is no need to tell them why you have stopped payment.
    just stop and put the money to one side, so that you have some money behind you if it is needed at some point further ahead.

    You can expect a deluge of phonecalls and letters at the start of not paying them, Can I suggest you DON'T speak to them on the phone, it is better to deal in Snail Mail (letter) so a paper trail is kept for each account
    get yourself a couple of files and in my case, a large filing cabinet.

    Welcome to AAD
    NW xx

    Leave a comment:


  • The Tech Clerk
    replied
    Originally posted by Lola girl View Post

    15/8/19 - confirmation received that this one is also unenforceable. Am I correct in thinking I need to become a member for further support and templates... can someone direct me to the correct info please? Thank you
    Top of page click:- AAD+

    Leave a comment:


  • Lola girl
    replied
    Originally posted by Lola girl View Post
    • 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 - confirmation received that this one is also unenforceable. Am I correct in thinking I need to become a member for further support and templates... can someone direct me to the correct info please? Thank you

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Lola girl View Post
    I’ll do them now and ask the questions directly after

    That was quick!

    I'll read through those new posts and then ask you some questions too

    That way help can be given in context.

    Di

    Leave a comment:


  • Lola girl
    replied
    • 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: PRA
    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
    offer to settle for 65% discount.
    Jan 24 - PRA group (uk) limited transferred account to PRA group uk portfolios Ltd
    Feb 24 - 65% discount offer
    Last edited by Lola girl; 19 March 2024, 18:58.

    Leave a comment:


  • Lola girl
    replied
    • 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
    5/7/22 statement received - filed
    5/3/23 letter from Moorcroft they are now collection on the account
    20/4/23 letter from Moorcroft possible further action
    4/5/23 letter from Moorcroft they are concerned I haven’t been in touch
    1/6/23 letter threatening home visit from Moorcroft - filed
    30/6/23 letter from Moorcroft with a name of an individual and a date when they will be attending my property to discuss further!
    Doorstep letter sent!
    July 23 - letter from Moorcroft /Link - visit cancelled as they received my letter.
    July 23 - statement of account received
    Sept 23 soft search and hard search on my credit file from Link - complaint registered with credit reference agency
    Oct 23 - discount offer letter received
    Oct 23 - account returned from Moorcroft to Link
    Nov 23 - letter from Link can I get in touch
    Jan 24 - statement of account received from Link
    Feb 24 - credit reference agency have agreed to remove the hard search from my credit file following my complaint
    Last edited by Lola girl; 8 February 2024, 08:32.

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  • Lola girl
    replied
    • 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.
    Last edited by Lola girl; 8 April 2024, 12:07.

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  • Lola girl
    replied
    • 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!
    Last edited by Lola girl; 19 October 2021, 19:12.

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  • Lola girl
    replied
    • 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.
    20/03/22 letter and email from Moorcroft - they are now managing account and can I ring and set up payment.
    21/04/22 letter and email from Moorcroft - can I pay
    21/04/22 statement of account received from PRA
    10/05/22 discount offer letter from moorcroft
    20/06/22 letter concerned no repayment plan - filed
    Sept/oct 2022 - emails received from PRA - do o want to set up payment plan
    05/04/23 statement of account received from PRA
    29/5/23 email from PRA do I want to pay account
    June 23 - 2 x reminder emails from PRA
    June 23 - letter from PRA offering 65% discount on the outstanding balance. Filed.
    Nov 23 - 65% discount offer
    Jan 24 letter to say PRA group (uk) Limited transferred account to PRA group Portfolios Ltd
    Last edited by Lola girl; 21 February 2024, 10:51.

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  • Lola girl
    replied
    Yes sure...I’ll do them now and ask the questions directly after ... thank you!

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  • Joanna Connolly Solicitors
    replied
    Originally posted by Timewilltell View Post
    Generally if it’s deemed UE then pretty much nothing to do. The ball is in their court to comply with the CCA Act 1974, if they can’t then that’s their problem, however it won’t stop them from trying, because god loves a trier!

    I agree with that

    Di

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