Night Monkey's diary

[Joanna Connolly Solicitors]

So far I've requested three CCAs, received none and have one confirmation of non-enforceability from PRA. I need to request one from HSBC and also send something to HSBC regarding an overdraft - can anyone tell me what?

While I confirm the legal situation with each debt I'm minded to let the payments continue via StepChange until the pending compensation is settled, at which point I'll go for a full & final settlement where possible; if this continues much beyond Christmas I may reassess. I'm not sure that I want to rattle any cages just yet.

Hello

I see you've asked a question on another thread here >

Can anyone say if this a bad idea for any reason beyond being more expensive in the long run? I'm in a similar situation, still paying acknowledged UE debts via StepChange until I have funding to make some F&F settlement offers - like you I'm reluctant to 'light the blue touchpaper' until I'm in a position to respond with more than 'go away'.

Every situation is different so I thought it best to answer your question on your own thread.

Are there any updates on any of your debts before I make my suggestions?

Di

[nightwatch]

HI NM,
to continue to pay is your choice.
the overdraft is covered by the same CCA , so pop them in the post and see what happens

[Night Monkey]

So far I've requested three CCAs, received none and have one confirmation of non-enforceability from PRA. I need to request one from HSBC and also send something to HSBC regarding an overdraft - can anyone tell me what?

While I confirm the legal situation with each debt I'm minded to let the payments continue via StepChange until the pending compensation is settled, at which point I'll go for a full & final settlement where possible; if this continues much beyond Christmas I may reassess. I'm not sure that I want to rattle any cages just yet.

[nightwatch]

If you want to , you can cancel your DMP with step chnge, they will not suspend payment's, they do not recognise UE, it is Pay or leave,
Yes put money aside in case needed further down the line,
Wescot may be collecting for Santander,
If debt's are stll held by original lenders, there is little chance of a low F&F, also while still paying they are reluctant to negotiate a F&F, why would they if you will pay for xx amount of years,
stop paying and they panic, you will receive lot's of call's (dont talk over the phone with them) some "nice" letters, just post on here when you do and we can see where to go from there,

NW

[Night Monkey]

I have now requested three CCA agreements some three weeks ago and have yet to receive one. I have let this month's payments go through via SC while I take stock. My current questions & thoughts are:

Should I contact SC and suspend any payments until the CCAs are produced?
If so, should I put the money aside so that I can pay it as a lump sum should the need arise?
Are Santander actually a client of Wescot? I thought that the latter had bought the debt and that the former had washed their hands of us.

Any advice & comments appreciated ...

[Night Monkey]

CCA Request send with £1.00 postal order and keep copy Recorded Delivery, HSBC usually have problems supplying for these early applications

Will do, thanks.

Here's hoping...

[Night Monkey]

Is there a reason why you have not yet sent a s78 CCA Request for this credit card from 2005?

No good reason, I just wanted to spread the admin. I'll do it this weekend.

Do you still have a bank account with HSBC?

No, we opened parachute accounts before starting this process.

Thanks.

[The Tech Clerk]

CCA Request send with £1.00 postal order and keep copy Recorded Delivery, HSBC usually have problems supplying for these early applications

[Joanna Connolly Solicitors]

Type of account - HSBC credit card
Date commenced - Approx 2005
Approx balance - £6514
Date last paid - Early 2018
Are you on arrangement or not paying - DMP with StepChange
Status - default
Account owner - HSBC Repayment Services

No action by me as yet

Is there a reason why you have not yet sent a s78 CCA Request for this credit card from 2005?

I would do that now so you at least know where you stand legally speaking.

Do you still have a bank account with HSBC?

Di

[Night Monkey]

Strepsi

Thanks for the welcome...

[Night Monkey]

Hi :-)

My solicitor is indeed just that, and regulated.

My thoughts exactly regarding the compensation, I'm hoping that it will be the key to getting clear.

The mortgage, which is joint with my wife, is definitely number one and I have to say that NatWest were very understanding when I approached them with the situation. I'm not sure how long that would have gone on beyond the three months leeway that they gave us though.

FWIW two cards are in my name, one my wife's and the HSBC accounts both joint.

Thanks for the input.

[Joanna Connolly Solicitors]

I've spent the last year or so trying to get unmanageable debt under control and googling about unenforceable debts and CCAs brought me here. I'll post details below but first some background. I have around £35k total debt spread over four credit cards and an overdraft. I was managing them, barely, until an accident rendered me unable to work for four months and the whole house of (credit) cards came tumbling down. During this time I also lowered my mortgage payments with NatWest for three months putting me about £3.5k in arrears, which I'm now redressing at £250 per month.

The cards and overdraft are being managed via a DMP with StepChange with a monthly payment from me of £308 split between the five creditors.

I'm in line for an as yet undetermined amount of compensation for the accident, which will in all likelihood be settled early next year. The best approximation my solicitor is willing to give me is 'thousands not hundreds'.

My ideal outcome would be to get rid of the things and move on, rather than have them around my neck for the next ten years. To this end I'm hoping to use the compensation to make full and final settlement for each of the five debts..

Hello

I'll happily take a peek at your debt situation.

If you are due compensation for your accident then this may a good moment to look at your overall financial health.

May I ask whether your "solicitor" is a solicitor whose firm is regulated by the SRA, or have you been dealing with a Claims Management Company, and possibly a paralegal?

Your mortgage and any arrears are a priority. Maintaining the roof over your head is paramount.

Is it a sole mortgage or a joint mortgage?

Di

[Strepsi]

I won't be offering any advice of how you should deal with things.

But what I can say is I have no idea how I found this site.

But I think it quite probably saved my life.

We have approx 70k of debt, well at least we did when I found this site around 3 years ago.

The advice and support you get on here will be invaluable.

Best of luck, it can be a very lonely experience debt.

[Night Monkey]

Type of account - HSBC overdraft
Date commenced - Approx 2000
Approx balance - £3847
Date last paid - Early 2018
Default date - February 2019
Are you on arrangement or not paying - Not paying (StepChange DMP canceled March '20)
Status - default
Account owner - Lowell Portfolio I Ltd ('Lowell')
Current status: UE pending production of requested CCA
Last contact: December '24 (letter), plus occasional text

18.2.19 Letters stating that management of account has been transferred to HSBC Repayment Services
29.9.19 Finally sent CCA request, using one of the returned postal orders :-)
25.3.20 Informed StepChange that we intend to self-manage from now on, redirected £308 monthly standing order to separate savings account.
4.6.20 Myself & Mrs NM received letters from HSBC (badly auto-generated with blanks where StepChange should be mentioned) saying they've contacted SC following missed payments and received no response so assume they are no longer representing us and will now contact us directly. Important that we contact them, etc. ~£3450 owing so they've had ~£400, ~£100 missed payments. Filed.
Letter from HSBC dated 11 August 2020 informing us that the account has been passed to Credit Security Ltd.
14.8.20 Letter from Credit Security Ltd. stating that they are a specialist DCA instructed to collect £3456.52 owing to HSBC. Offer to help, etc., an agent will be calling in the next few days.
1.9.20 Letter from Credit Security Ltd. stating that they are disappointed that we have not contacted them. They need to understand, etc., and will continue collection activity.
11.9.20 Phone call from 01296 number (Aylesbury) tracked back to Credit Security Ltd. Refused to answer security questions, will block when I get a feel for how often they call.
24.9.20 Called again, blocked
26.9.20 Letter from Credit Security offering settlement figure of £2419.56 (30% discount), with 'partially satisfied' and zero balance reported to CRAs.
1.12.20 Mrs. NM received a phone call asking for me, from a number tracing back to Credit Security Ltd. Told them they had the wrong number (they did).
4.12.20 Letter from Credit Security Ltd., ... We have not received a response ... tried to assist you ... unable to reach a resolution ... unless we hear from you account will be returned. This may result in further recovery action which may include - continued collection attempts, passing account to another DCA, selling account to debt purchaser. This is apparently our last opportunity to benefit from their services. Ignored & filed.
6.2.21 Letters from HSBC informing us that the account 'has been moved to Wescot Credit Services Ltd.' who will contact us, they have a range of plans, etc.
12.2.21 Letter from Wescot introducing themselves a being instructed by HSBC and listing my options - paying in full, affordable repayment plan etc. Balance ~£3450, essential that I contact them within the next 10 days. Ignored.
12.2.21 Text from Wescot, 'we are trying to contact you'
13.2.21 Text from Wescot at 8:30am, 'we are trying to contact you'
16.2.21 Call from Wescot
17.2.21 Call from Wescot, bored now, blocked number
18.2.21 Received payslip-style letter from Wescot, 'Please contact us'. Ignored & filed.
24.2.21 Letter from Wescott, 'Our enquiries have indicated that you are resident at the above address etc.'. Filed.
8.3.21 Letter from Wescot offering 40% discount 'in an attempt to close the matter'. Filed.
22.3.21 Random £100 from HSBC for Mrs NM because 'the quality of service received did not meet the standard we would expect'. Nothing for me on this joint account, but we'll be banking it anyway.
24.3.21 Letter from Wescott, offering 'An opportunity to take control of this outstanding balance in a way that suits you'. Filed.
10.12.21 Random £50 from HSBC for me because 'the quality of service received did not meet the standard we would expect'. Not quite matching the £100 for Mrs NM in March,but who am I to complain?
26.5.23 Letters from HSBC and Lowell in the same envelope stating that the account has been sold to Lowell.
27.5.23 Identical letter for Mrs. NM for this joint account.
30.5.23 Text message from Lowell, 'We recently sent you a letter, we want to help, etc. If we have the wrong number please call us'. Ignored.
31.5.23 Phone call from an 0333 number, which I ignored. Google tells me this is Lowell, I'll get a feel for how often/when they call before blocking.
1.6.23 Another call this morning, if this is daily they're getting blocked tomorrow.
1.6.23 Posted GDPR request.
2.6.23 Another Lowell text today, blocked.
13.6.23 Letter from Lowell referencing both HSBC accounts. It's very reasonable, explaining how understanding they'll be and giving various options for getting in touch and managing 'my account'. Balance still ~£3450. Ignored and filed.
13.6.23 any further updates regarding the GDPR request added to the credit card account above.
14.6.23 Letter to Mrs. NM, identical to yesterday's to me regarding both accounts but referring to this (joint) current account only. Filed.
29.6.23 Letter to Mrs. NM, identical to yesterday's to me regarding both accounts but referring to this (joint) current account only. Filed.
15.7.23 Letter to Mrs. NM, 'You have not contacted us, Please don't ignore this letter'. Also a threat to transfer the account to a third-party debt collection company to contact us and discuss. Filed.
3.8.23 Letter to Mrs. NM, 'We are considering further recovery action, we'd prefer to work with you'. Consider away, filed.
17.8.23 Letter to Mrs. NM, 'What further recovery action means'. Getting a tad more strident now. Filed.
1.9.23 Letter to Mrs. NM, 'We have made every effort to contact you'. Further recovery action may include referral to debt collectors, letters, etc. Filed.
20.9.23 Letter to Mrs. NM, 'You need to call us'. Filed.
4.10.23 Letter to Mrs. NM offering 50% discount to be paid back over 12 months, so ~£1700. Am I tempted..? No. Filed.
13.10.23 Text for Mrs. NM, 'It's not too late to get in touch' and giving contact options.
24.10.23 Letter to Mrs. NM, 'Don't miss out on a 50% discount'. Another one to add to the pile.
15.11.23 Text received from Lowell, looking back they seem to come monthly and alternately being addressed to me or Mrs. NM. Ignored.
17.11.23 Letter to Mrs. NM, 'An interest-free payment plan - tailored for you'. Back to a friendly approach, with the examples given suspiciously low. It mentions possible 'further recovery action' but no legal threat this time. Filed.
16.12.23 Letter to Mrs. NM, 'Avoid further recovery action', 'It's important that you get in touch' etc. Filed.
January '24 Daily calls from 0333 number which Google implies is from 'Overdales Solicitors' acting on behalf of Lowells. Blocked.
15.1.24 Letter from Lowell, 'An interest-free payment plan - tailored for you'. A duplicate of November's letter.
25.1.24 Letter to Mrs. NM, 'Kick-start your payments with a 60% reduction'
10.2.24 Letter to Mrs. NM, 'Don't miss out on a 60% reduction'
14.2.24, 'Avoid further recovery action' letter
5.3.24 'You have not responded to our attempts to contact you' to Mrs. NM
18.3.24 'The benefits of contacting us'
20.3.23 'Kick-start your payments with a 60% reduction'
5.4.24, 'Kick-start your payments with a 70% reduction'
24.4.24 'Don't miss out on a 70% reduction'
30.4.24 'Your outstanding account(s)'. Refers to my recent 'request for information' which was a result of potential legal action regarding the credit card account. Filed.
15.5.24 'Don't miss out on a 60% discount'. A completely random follow-up to nothing. Filed.
5.6.24 'You have not responded to our attempts to contact you'. References overdraft only, filed.
13.6.24 'Next Steps' letter. Filed
206.24 'The benefits of contacting us' letter. Filed
6.7.24, 'Kick-start your payments with a 70% reduction'.
July '24, occasional texts from Lowell.
25.7.24 'Don't miss out on a 70% discount'. A slight variant, but filed nonetheless.
19.9.24 'Next Steps' letter '...You have a duty to pay...' - Not to you I don't. Filed.
28.12.24 'Please arrange to pay your outstanding account(s)' letter. No. Filed.
7.1.25 'What you need to do'. None of which I'll be doing.
23.1.25 'You have not contacted us'.
24.2.25 'What further recovery action means'.
10.3.25 'We have made every effort to contact you'.
26.3.25 ' You need to call us'. No, I don't...
22.4.25 'Kick-start your payments with a 50% discount'. Cheapskates, it was 70% last time.
May '25 'Don't miss out on a 50% discount'.
May '25 - 'An interest-free payment plan - tailored for you'
July '25 - 'Avoid further recovery action'. Bring it on - filed.
August '25 - Don't miss out on a 60% discount. Filed.
September '25 - 'It's time to put your Lowell debt behind you'. Why, I did that quite some time ago, thanks.
October '25 'A payment plan made just for you'. Whatever. Filed.
October '25 'Kick-start your payments with a 70% reduction'. Again.
November '25 - Don't miss out on a 20% discount.

[Night Monkey]

Type of account - HSBC credit card
Date commenced - Approx 2005 (actually 2002)
Approx balance - £6514 (~£5700 being claimed)
Date last paid - Early 2018
Default date - October 2018
Are you on arrangement or not paying - Not paying (StepChange DMP canceled March '20)
Status - default
Account owner - Lowell Portfolio I Ltd ('Lowell')
Current status: UE pending production of requested CCA
Last contact: November '24, 50% reduction offer

29.9.19 Finally sent CCA request, using one of the returned postal orders :-)
11.10.19 Received a hand-addressed letter today, presumably from HSBC, containing my letter requesting a CCA and the postal order. No covering letter, no compliments slip, nothing else at all. Seemed a bit rude, tbh. I'm thinking 'I've asked, you haven't supplied the necessaries, no further action from me required'. Does anyone disagree? Oh, and I'm glad I used recorded delivery :-)
25.3.20 Informed StepChange that we intend to self-manage from now on, redirected £308 monthly standing order to a separate savings account.
4.6.20 Received a letter from HSBC (badly auto-generated with blanks where StepChange should be mentioned) saying they've contacted SC following missed payments and received no response so assume they are no longer representing me and they will now contact me directly. Important that we contact them, etc. ~£6100 owing so they've had ~£400, ~£100 missed payments. Filed.
18.8.20 Letter from Moorcroft Debt Recovery Ltd., account has been passed to them to act as a collection agent, they offer a flexible approach etc. and will be in contact in the coming days. Filed.
26.8.20 Letter from Moorcroft Debt Recovery Ltd., ...sorry that we haven't responded to previous letter, they do need to discuss the account, they do not want to take further action but...etc. Filed.
11.9.20 Letter from Moorcroft Debt Recovery Ltd. offering payment by monthly installments suggesting £120pm for 52 months. Filed.
14.9.20 Text from Moorcroft, 'We have been trying to contact you', etc. Filed.
24.9.20 Letter from Moorcroft offering two options, an affordable repayment plan or a discount on a figure if I call them to discuss. CRA will then show partially settled with a nil balance. Filed.
15.10.20 Letter from Moorcroft headlined 'Discount Offer' in bold text. No specifics but if we are able to pay an acceptable lump sum neither they nor their client will seek to recover the remaining balance and recovery action will cease. CRA will then show partially settled with a nil balance. Filed.
5.11.20 Letter from Moorcroft, they note that we have been unable to agree an affordable repayment plan. They are considering the next steps which may include continuing attempts to contact me or returning the account to their client who might sell it or place it with another DCA. Please contact us etc. Filed.
14.12 20 received an unexpected cheque for £50 to compensate for the quality of service received from Collections and/or Recoveries which apparently did not meet that standard that we would expect. After some forum discussion it was agreed that there was no reason not to bank it.
6.2.21 Letter from HSBC informing us that the account 'has been moved to Wescot Credit Services Ltd.' who will contact us, they have a range of plans, etc.
12.2.21 Letter from Wescot introducing themselves a being instructed by HSBC and listing my options - paying in full, affordable repayment plan etc. Balance still ~£6100, essential that I contact them within the next 10 days. Ignored.
Followed by a Wescot robocall from an 01482 number, hung up as soon as I knew who it was. I'll monitor for a while and block if necessary.
12.2.21 Text from Wescot, 'we are trying to contact you'
13.2.21 Text from Wescot at 8:30am, 'we are trying to contact you'
16.2.21 Call from Wescot
17.2.21 Call from Wescot, bored now, blocked number
18.2.21 Received payslip-style letter from Wescot, 'Please contact us'. Ignored & filed.
24.2.21 Letter from Wescott, 'Our enquiries have indicated that you are resident at the above address etc.'. Filed.
8.3.21 Letter from Wescot offering 40% discount 'in an attempt to close the matter'. Filed.
22.3.21 Robocall from Wescott on a new 01482 number, blocked that one too.
24.3.21 Letter from Wescott, 'An opportunity to take control of this outstanding balance in a way that suits you'. Filed.
30.4.21 Answered a call from a Hull number which turned out to be a robocall from Wescot. Hung up & blocked number.
24.5.23 ClearScore flagging that this account is to be removed from the file. Latest detail shown is a missed payment (the last of 5) in September 2018, shown as last updated July '21.
26.5.23 Letters from HSBC and Lowell in the same envelope stating that the account has been sold to Lowell.
30.5.23 Text message from Lowell, 'We recently sent you a letter, we want to help, etc. If we have the wrong number please call us'. Ignored.
31.5.23 Phone call from an 0333 number, which I ignored. Google tells me this is Lowell, I'll get a feel for how often/when they call before blocking.
1.6.23 Another call this morning, if this is daily they're getting blocked tomorrow.
1.6.23 Posted GDPR request.
2.6.23 Another Lowell text today, blocked.
13.6.23 Letter from Lowell referencing both HSBC accounts. It's very reasonable, explaining how understanding they'll be and giving various options for getting in touch and managing 'my account'. Balance now ~£5700, for some reason. Ignored and filed.
13.6.23 Received an email response to the GDPR request, which is in itself interesting as the request didn't include an email address. They will respond via Securemail in due course but there is a slightly tortured paragraph which I take to mean that in regard to a limited company belonging to Mrs Night Monkey they will only include items relative to me personally. I hope they don't mean that they're the only details I'm getting but it could be read that way.
22.6.23 Single letter from Lowell chasing both accounts. Slightly more threatening than the last one explaining that if I don't get in touch they'll 'review their options'. This may include emails, letters, reference to debt collection agencies, etc. Filed.
28.6.23 Variant letter chasing both accounts, asking 'what happens if I don't get in touch'. They will continue to write, email, etc. asking for payment apparently. Filed.
12.7.23 Single letter from Lowell chasing both accounts. Again a slight variation in the phraseology but carrying the same 'contact us, do not ignore' message. I expect there'll be an identical one for Mrs NM tomorrow.
14.7.23 Text from Lowell, apparently they need to speak to me about a personal matter. They provide several methods for me to contact them, which will go ignored.
26.7.23 Letter from Lowell, they are apparently considering their next steps. 'We've reviewed the information on your credit file' etc. Filed.
9.8.23 Letter referencing both accounts, 'You have not responded to out attempts to contact you, we are considering further action'. Filed.
16.8.23 Text telling me that Lowell need to speak with me urgently. I'll block this number as well if it gets too annoying.
29.8.23 'We do things differently' letter. Filed.
1.9.23 'We need you to take action, please don't ignore this letter'. The next step could include legal action, although they would like to work with us directly. Filed.
14.9.23 A 'We're considering legal action' letter, but they'd apparently prefer to work with me. This would mean instructing solicitors to obtain a CCJ to help them recover what I owe (!) and all the attendant problems. No mention that they'd have to win in court first. Filed.
5.10.23 Letter explaining 'What legal action means'. 'Unfortunately' Lowell are considering taking legal action. Filed.
7.11.23 'What legal action means' letter. Slightly more strident version of last month's letter, they have apparently tried to engage with me repeatedly and if they don't hear from me in the next 15 days they may pass the account to a solicitor for recovery. Filed.
18.12.23 Text from Lowell, 'It's not too late to get in touch and let us know about your circumstances'.
January '24 Daily calls from 0333 number which Google implies is from 'Overdales Solicitors' acting on behalf of Lowells. Blocked.
10.1.24 Found the GDPR lurking in my inbox, will peruse & update diary
9th January '24, letter from Lowell 'We've passed your account to Overdales Legal Ltd.' and in the same envelope a letter from Overdales stating they have been instructed to recover the outstanding balance.
13.1.24 Letter of Claim received
Feb '24 Responded to LoC asking for documentation.
21.3 24 Received response from Overdales with Ts & Cs, statements and Default Notice but the "Consumer Agreement is unavailable". Referred back to Lowells by Overdales, letter filed.
5.4.24, package from Lowell, all but identical to one from Overdales. Filed.
10.5.24 Letter from Lowell, 'Please contact us or we will consider further action'. Filed.
July '24, occasional texts from Lowell.
14.11.24 'Kick-start your payments with a 50% reduction' letter. Filed.
10.1.25 'Kick-start your payments with a 60% reduction' letter. Filed.
17.3.25 'Kickstart your payments with a 70% reduction' letter. Filed.
May '25 'Pay your Lowell debt for the equivalent of £0.77 a day'. We have a new variant !
October '25, 'Debts have been returned to us by our debt collection partners, you need to get in touch'. Filed.
October '25, 'Kick-start your payments with a 50% reduction'. Filed.