Night Monkey's diary

[Night Monkey]

Good afternoon all.

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.

Hopefully I've got the formating correct, please forgive any errors.

So, on to the detail...

[Night Monkey]

Type of account - MBNA credit card
Date commenced - Approx 2012
Approx balance - £9325
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 - PRA Group UK Portfolios Ltd.
Current status: UE since 'varied T&Cs are unavailable.'
Last contact: January '24, email regarding internal transfer of account

4.9.18 Received default notice from MBNA, balance at this point £9937.97
20.8.18 Received letter acknowledging our difficulties and accepting payment of £79pm. Reduced interest to 0%pa and waived future penalties
17.8.19 Requested CCA details
22.8.19 Received letter returning £1 postal order 'as a gesture of goodwill'
Say they have requested the required information and placed the account on hold (therefore ceasing collections). CCA consumer factsheet enclosed.
3.1.19 Letter from MBNA stating that they have sold the debt to PRA Group (UK) Ltd.
3.1.19 Letter from PRA stating that they have purchased our debt with effect from 20.12.18
11.9.19 - Received letter from PRA enclosing generic terms and conditions and a statement dated 10.11.18 giving a balance of £9861.43 and an equal charge-off adjustment totaling £0.00, together with the previous statement showing a credit of £76.54 - presumably the last one I made. Also shows arrears of £1244.92.
More interestingly the letter states that pending receipt of further documents the debt is currently deemed unenforceable (!) which means they are unable to take court action against us, etc. It points out that the debt has not been written off and they are free to contact us, pass on our details to a third party and continue to report the account with credit reference bureaux.
9.11.19 Received letter from PRA group stating current balance is £8937.58 and enclosing 'copy documents as requested'. This consists of a readable 'Pre-contractual Explanation Sheet' and two pages of very small type which is apparently pre-contractual credit information (about four pages shrunk to one sheet) and a credit card agreement, just about readable but including some personal details. Sent to Niddy for an opinion.
18.11.19 Deemed enforceable. Boo.
@Di - Can you advise regarding the validity of the default notice? Unlikely that there's an issue, but you never know.
12.12.19 Received statement of account from PRA, showing a current balance of £8859.25.
30.1.20 Finally sent off GDPR request - it's free now. Living in hope...
6.2.20 Received letter confirming my SAR, promise to send it by 3rd march 2020
13.2.20 Received results of GDPR request, see page 3 post #36
25.3.20 Informed StepChange that we intend to self-manage from now on, redirected £308 monthly standing order to separate savings account.
12.5.20 Ignored call from 0800 number (PRA)
2.6.20 Received email from PRA saying 'they're here to help' and to 'make sure that we're aware of the options available to us'. Lots of contact details, confirms the outstanding amount as £8700 and offering a 10% discount for payment of ~£7800. Original debt was £9325 so they've already had ~£600 via StepChange.
Also received a text with a link to the same information which I stupidly followed - not fully awake at the time, sadly.
9.6.20 Another email identical to the one dated 2.6.20, with no improvement on 10% discount offer.
17.6.20 And another email...
8.7.20 Minor update, phone calls received (& ignored) from 0800 number approximately once a week. I've stopped logging them as they're pretty infrequent, will resume if they get annoying
30.7.20 Text from PRA inviting me to follow a link for 'important information' about my account. Ignored.
30.7.20 Email from PRA, again wanting to make sure I'm 'aware of the options available'. Still offering 10% discount...
12.8.20 Another email, the same 10% offer...
12.8.20 ...and a text message to go with the email.
5.9.20 Email alert from ClearScore saying there's been an update to my credit file. According to the account number this would appear to be PRA closing the defaulted MBNA credit card without informing us - if that's gone away it's a bonus, it's about £8.5K and they're the only ones to supply an enforceable CCA so far. It will be interesting to see what this looks like when the CRA report is properly updated at the end of the month.
30.9.20 Email from PRA wanting to make sure that we are sure of our options and providing a plethora of contact options, although the potential discount has increased to 20%. Ignored.
30.9.20 Bizarrely the MBNA account is still on the CRA report under a different reference number (a PRA one rather than the original credit card number), but the Santander card has completely disappeared. I can find no record of the card on Clearscore, the credit score remains the same.
7.10.20 Another email wanting to ensure that I am aware of my options, and repeating the 20% discount offer.
15.10.20 Another email, still a 20% discount available if it will help...
3/4.11.20 Couple of calls from 0808 number, answered the first without thinking & caller identified as PRA. Failed security and blocked number after the second call.
11.11.20 Email from PRA, "We are getting in touch to let you know about the range of options that are available to you to manage your MBNA Limited account" with a range of contact options. As a side note they are "focused on running a business with a highly ethical code of conduct". I mention that without comment.
12.11.20 Text from PRA on a mobile number letting me know that they have a range of options for me to manage my account. Won't block yet, I'll see if/how often they use it.
19.11.20 Email from PRA inviting me to log on to my account and set up a repayment plan. No mention of a discount this time.
November '20 As an aside to the PRA court claim against another account, the GDPR revealed that 'this account should have been updated as unenforceable back in 2019 when the customer requested a CCA request, as the varied T&Cs are unavailable'. Now there's a bonus...
9.12.20 Statement of account received, ~£9000 opening balance, ~£250 payments received, £0 balance adjustments. Nice little statement at the bottom stating that the account is currently unenforceable but the balance remains payable. Should this change they will let me know. Filed.
22.12. 20 Email from PRA making sure that I know of all my options and offering a 10% discount.
6.1.21 Text from PRA offering to help me get off to a great start in 2021. Affordable plans available, etc.
26.1.21 Email from PRA - "We are getting in touch to let you know about the range of options that are available to you to manage your MBNA Limited account. ... This account is currently unenforceable ... If your account changes status and becomes enforceable we will notify you". So that's nice.
Also 26.1.21 And as expected a matching email arrives.
2.2.21 Email from PRA telling me how easy it is to log on to my account with them and set up an affordable payment plan that works for me. Ignored.
10.2.21 Email from PRA, 'Making a payment or setting a regular affordable payment plan is fast and easy on your mobile or on your computer'. Thanks for letting me know, but since you keep documenting the fact that the account is currently unenforceable I think I'll continue ignoring you.
19.2.21 Text & email from PRA inviting me to log on to my account.
26.2.21 What is becoming a weekly email, 'Making a payment or setting a regular affordable payment plan is fast and easy' etc. I won't bother logging any more unless they say something substantial.
12.6.21 Still getting weekly emails. Just thought I'd mention it.
6.7.21 As above, regular texts & emails but nothing of note.
16.10.21 Still getting weekly(ish) emails, & today received two. One 'letting me know the range of options that are available' and the other telling me how fast and easy it is to set up a payment plan on a mobile or computer. The second of these contains a paragraph explaining that the debt is currently unenforceable, the other doesn't.
2.11.21 An actual letter, the first since December '20, making sure that I'm aware of the options available to me. A 20% discount is currently available, expiring 25th November. Tucked away in the final paragraph is a statement that the account is currently classed as unenforceable. I also notice that the 'agreement date' is noted at the top as June 2011, rather than the 'approx. 2012' in my initial summary.
7.12.21 Received an account summary 'in order to comply with [...] obligations under the Consumer Credit Act 1974'. Includes a F&FS offer if I pay £6962 of £8702, or a 20% discount. The subsequent sentence confirms the current status as unenforceable, so I think I'll quietly file this away.
13.1.22 Received an actual letter telling me of the options available to me and offering a 20% discount. An offer which apparently expires on 3rd February, but no mention of this account's unenforceability.
15.2.22 Another standard letter, 'options available' and 20% discount offered.
22.3.22 Standard 'wanted to be sure you're aware of the options available' letter received. There is now apparently a 30% discount available, expiring in three weeks. If I pay this my credit file 'may be updated if appropriate'.
22.4.22 Another copy of the above, this time with the 30% offer expiring on 17th May.
29.4.22 Slight variation on this week's email, it's an 'Updated Data Protection Information Notice'. See relevant post.
31.3 22 Letter asking whether I know that I have many options to manage this account. 30% discount offered, expiring 23rd June. Again documents that the account is unenforceable. Filed.
5.7.22 Repeat of the last letter, this time the offer expires on 28th July. Filed.
27.10.22 No more letters, but an identical email 'letting you know the range of options available' received every seven days like clockwork. Each one reiterates the unenforceable status of the 'debt' which is nice, but they will let me know if that changes.
2.1.24 Email, "PRA Group (UK) Limited recently transferred your account to PRA Group UK Portfolios Ltd."
31.1.24 Letter informing me that PRA Group (UK) Ltd. have recently transferred my account to PRA Group UK Portfolios Ltd. Again reiterates that the account is currently classed as unenforceable.

[Night Monkey]

Type of account - Barclaycard credit card
Date commenced - Approx 2012
Approx balance - £7300
Date last paid - Early 2018
Default date - August 2018
Are you on arrangement or not paying - Not paying (StepChange DMP canceled March '20)
Status - default
Account owner - PRA Group UK Portfolios Ltd.
Current status: UE due to failed legal action by PRA
Last contact: January '24, email regarding internal transfer of account

28.3.19 Letter from Barclaycard, 'We've now transferred your Barclaycard over to PRA Group (UK)Ltd.'
28.3.19 Letter from PRA Group, 'We have recently purchased your outstanding balance with Barclaycard'
17.8.19 Requested CCA details
22.8.19 Returned £1 postal order with above letter, no specific mention of this account
25.3.20 Informed StepChange that we intend to self-manage from now on, redirected £308 monthly standing order to separate savings account.
26.3.20 Received statement from PRA, ~£6700 outstanding, ~£650 received.
14.8.20 Letter from PRA Group (UK) Ltd., account is now with Investigations & Litigation Department. If they do not hear from us in the next 30 days then our account will be considered for the next stage etc.
17.9.20 Letter Before Action with form to fill in. Spoke to Di, ignoring for now.
17.9.20 Sent GDPR request to Barclays online
1.10.20 Received letter from Barclays saying that they were unable to comply with GDPR request as the details I provided did not match their records, asking that I provide id at a branch and resubmit. Sent certified copies of passport & driving license with new request.
8.10.20 Letter from Barclays stating that they are unable to complete the request as 'we have been unable to locate the customer from the information provided'. Asking for account details, previous address history, date of birth. Leaving for the moment while I seek advice on what information to provide (or not). Let's not make it any easier for PRA if they go asking for the same information, eh?
End October 2020 ...and we have legal action, so exciting times ahead. I'll post a full summary when it's resolved, one way or the other.

And the story continues...

October '20 - Court papers received, engaged Joanna Connolly Solicitors ('JCS'). Sent GDPR request to PRA while JCS acknowledges the claim and requests appropriate paperwork from PRA.

13.11.20 appropriate paperwork not forthcoming so filed an application for the court to instruct PRA to provide the requisite information by 19th November.

19.11.20 GDPR details received from PRA, which included everything they had regarding both the Barclaycard and the MBNA account. It was 9MB and long, but worth reading. My favourite part was the line stating 'we are unable to trace default notice for this customer'. Boom.

As an aside there was also a note regarding the MBNA account (also with PRA) - 'this account should have been updated as unenforceable back in 2019 when the customer requested a CCA request, as the varied T&Cs are unavailable'. Why, thank you very much, I rather think I'll be making a note of that information.

January '21 The court have decided that a hearing is required to decide whether PRA should provide the paperwork that they say they have and that we have asked to see. I'd have thought that was a given, but there we are. This has been scheduled for March, I've asked JCS to attend on my behalf and we'll see what they come up with. So yes, more expense, but I'd rather give the contents of the fighting fund (remember the £308pm that used to go to StepChange?) to the courts and JCS than PRA.

9.2.21 PRA have consented to the hearing on the 4th of March being vacated, and the claim being dismissed. I think that's legal-speak for them not being able to come up with the goods, so rather than embarrassing themselves in court they've retired hurt.

Both sides have consented to the dismissal but I'll hold off from celebrating until it is confirmed by the court.

24.2 21 Claim has been officially dismissed and the hearing on the 4th vacated.
The sealed Order regarding the dismissal was apparently drawn up yesterday and should be with us this week

5.3.21 And I have the order in my hand.

It's over, I won, they can't try again.

One down, four to go...

9.6.22 Here's one I thought I wouldn't be updating. I got momentarily excited to receive a letter from Barclaycard saying that they were providing a refund because they've 'looked at how we historically charged default fees'. Sadly it was only for £24.08, and sent direct to PRA

2.1.24 Email, "PRA Group (UK) Limited recently transferred your account to PRA Group UK Portfolios Ltd."

May '24 - Account closed on ClearScore. Yay!

[Night Monkey]

Type of account - Santander credit card
Date commenced - Approx. 2013
Approx balance - £6905
Date last paid - Early 2018
Default date - not currently appearing on credit files
Are you on arrangement or not paying - Not paying (StepChange DMP canceled March '20)
Status - default
Account owner - Santander, drydensfairfax most recent chaser
Current status: UE - CCA supplied but random agreement not specific to me, and no signature
Last contact: June '24 (statement)


17.8.19 - Requested CCA details

29.8.19 - Received letter from Wescot returning the £1 the postal order stating that they will be in touch in due course. The account summary at the top of the letter refers to Santander as a 'client'. They note that StepChange is an authorised third party on the account and that 'there is an agreed monthly payment arrangement in place'.

30.8.19 - Letter from Wescot explaining how the matter is to be investigated. Briefly that they will not contact us unless they need further details, any automatic payments will continue unless we have arranged otherwise and the process may take several weeks. They apparently appreciate our patience and will contact us to advise us of the outcome and next steps.
26.11.19 Received CCA from Wescot, sent to Niddy for comment.
7.12.19 Statement received from Santander, current balance 6611.10
18.12.19 Niddy says unenforceable - hooray! Random agreement not specific to me, and no signature.
18.12.19 Further statement received from Santander 'as requested', covering January '14 to December '19, current balance 6611.10
25.3.20 Informed StepChange that we intend to self-manage from now on, redirected £308 monthly standing order to separate savings account.
12.5.20 Letter from Wescot - StepChange no longer acting on your behalf, contact us urgently, etc. Balance £6433. Ignored & filed.
15.5.20 Received identical letter from Wescot as the one on the 12th, ignored & added to the collection.
11.6.20 Account statement received from Santander, covering December '19 to March '20, balance £6433 on 6th June. Starting balance was £6905 so we've paid ~£472 so far. Filed.
11.7.20 Letter from Santander informing us that our CC account will be managed by Wescot Credit Services Ltd. Contains the usual 'if you'd like to discuss' etc. giving Wescot's contact details. Filed.
11.7.20 Letter from Wescot 'Let us help you during this difficult period' etc. The last paragraph implies 'escalated collections activity' if we choose not to contact them. Filed.
17.7.20 Letter from Wescot introducing themselves and asking us to contact them within the next 10 days to resolve the matter. Oh, and by contacting them we will be able to take control of the issue :-)
18.7.20 Occasional phone call from Wescot to Mrs. NM, the original owner of the credit card. Blocked and ignored.
23.7.20 Letter in the form of a payslip inviting us to call their helpline. Ignored and filed.
29.7.20 Red letter from Wescot, they have apparently conducted additional enquiries to confirm our address and ask that we contact them urgently. If they do not hear from us they will continue to undertake activity including phone calls, texting and 'lettering'. It is in our interests, etc. Ignored and filed.
8.8.20 'Reduced Settlement Offer' letter from Wescot - their client has apparently agreed that they can offer a discount to settle the account. A 'significant' discount is available but I need to call to find out the settlement value and the saving to be made. Filed.
28.8.20 Letter from Wescot offering us 'an opportunity to take control'. Please contact us, if we are unable to agree a way forward the account will be returned to their client.
5.9.20 Letter from 2F (a trading name of Wescot Credit Services Limited) asking for confirmation of residency because 'we have not been able to contact you in relation to a matter we are dealing with on behalf of Santander UK PLC'. They reserve the right to take 'further additional action to re-establish contact'.
16.9.20 Payslip-style letter from 2F (aka Wescot Credit Services Ltd.) asking us to call them. No details of creditor/amount given, ostensibly to update details.
30.9.20 PRA account has disappeared from ClearScore, see MBNA card above.
15.12.20 Account statement received, opening balance (June 2020) and 'Balance you owe' (December 2020) both the same at £6433.
6.1.21 Letter received from drydensfairfax, 'Instructed by Santander to obtain repayment of amount ... please contact us by 18th January to discuss current circumstances'.
8.1.21 Letter from Santander dated 31.12.20 letting us know that our account will now be managed by Drydensfairfax Solicitors on their behalf, who will help us agree an affordable payment plan etc. Filed.
28.1.21 Letter from drydensfairfax, 'You have failed to pay the sum of £xxx ... payment must be made by 9th February 2021. Having this debt may have an adverse effect on your credit rating ...Failure to contact us may mean that further recovery action will commence'. Filed.
13.2.21 Letter from drydensfairfax, who can now offer a substantial discount for a lump sum payment if I contact them.
13.6.21 Statement received.
16.12.21 Statement received.
14.6.22 Statement received.
28.11.22 Letter from Santander informing us of £12 credit applied to the account because they apparently didn't stop some interest and/or fees following the account being managed by 'Financial Support'. New balance £6421, letter filed to argue any 'not SB yet' nonsense in the future.
13.12.22 Statement received, includes mention of £12 credit notified a couple of weeks ago.
14.6.23 Statement received.
13.12.23 Statement received, balance still £6421.
13.6.24 Statement received, balance still £6421.

[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.

[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: July '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.

[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.

[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

[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.

[Night Monkey]

Strepsi

Thanks for the welcome...

[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

[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

[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.

[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]

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 ...