Night Monkey's diary

[Night Monkey]

22 August 2019, 18:29
Type of account - Santander credit card
Date commenced - Approx. 2013
Approx balance - £6905
Date last paid - Early 2018
Are you on arrangement or not paying - DMP with StepChange
Status - default
Account owner - Wescot Credit Services

17.8.19 - Requested CCA details

<snip>

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

<snip>

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'.

The letter from Dryden's doesn't look like a formal letter before action, & doesn't include an I&E request - I assume the best course of action is to continue radio silence?

[Joanna Connolly Solicitors]

The letter from Dryden's doesn't look like a formal letter before action, & doesn't include an I&E request - I assume the best course of action is to continue radio silence?

Is this the first letter you've received from DrydensFairfax?

If it were to be a Letter of Claim is should say so clearly, with a Reply form with Boxes A-D to complete etc, so I agree with you it doesn't sound (or look) like a LOC.

They'll probably write to you again after 18th January.

Niddy has already told you that the credit agreement is unenforceable, so keep your head down, but post up when the next letter arrives.

Di

[Night Monkey]

Is this the first letter you've received from DrydensFairfax?

It is indeed, all previous missives have come from Wescot so I'm assuming that we're just grinding through the system.

[Joanna Connolly Solicitors]

I'm assuming that we're just grinding through the system.

Yes you are - one template letter at a time.

Di

[Night Monkey]

I thought I'd just add a quick note mentioning that our mortgage arrears are now paid off, which seems like something of a milestone on this journey.

[nightwatch]

I thought I'd just add a quick note mentioning that our mortgage arrears are now paid off, which seems like something of a milestone on this journey.

That's a good start to the New Year

[Joanna Connolly Solicitors]

Type of account - Santander credit card
Date commenced - Approx. 2013
Approx balance - £6905
Date last paid - Early 2018
Are you on arrangement or not paying - DMP with StepChange
Status - default
Account owner - Wescot Credit Services

17.8.19 - Requested CCA details . . . . 26.11.19 Received CCA from Wescot, sent to Niddy for comment. . . . 18.12.19 Niddy says unenforceable - hooray! Random agreement not specific to me, and no signature.

. . .

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'.

You didn't contact Drydensfairfax by the 18th January (because this debt is unenforceable) so have they contacted you again?

(Good news about the mortgage arrears being paid off!)

Di

[Night Monkey]

so have they contacted you again?

No, all quiet at the moment.

(Good news about the mortgage arrears being paid off!)

It is indeed. One more step on the road...

[Night Monkey]

so have they contacted you again?

And true to form a letter arrives this morning from drydensfairfax regarding the Santander card. Nothing exciting, the expected 'if you don't pay us then we may do something else'.

[Joanna Connolly Solicitors]

letter arrives this morning from drydensfairfax regarding the Santander card. Nothing exciting, the expected 'if you don't pay us then we may do something else'.

That won't alter the fact that the Santander credit agreement is unenforceable

Di

[Night Monkey]

Today we received three identical letters from HSBC, two for the joint overdraft and one for the credit card, informing us that the accounts have been moved to Wescot Credit Services Ltd. who will contact us. They apparently have a range of payment plans and will work with us, etc.

I believe Wescot are a DCA so sadly the accounts haven't been sold on but hopefully this is a step on that road.

[The Tech Clerk]

wescot - bless them they hope to commission any payments you may make!!! they will start their little machine and churn out Ltr1 / 1/2/2/3/3/3/3 etc etc

[Night Monkey]

...they will start their little machine and churn out Ltr1 / 1/2/2/3/3/3/3 etc etc.

Always nice to have something to look forward to :-)

[Joanna Connolly Solicitors]

Today we received three identical letters from HSBC, two for the joint overdraft and one for the credit card, informing us that the accounts have been moved to Wescot Credit Services Ltd. who will contact us. They apparently have a range of payment plans and will work with us, etc.

I've taken a look back at your thread and can see that HSBC have not complied with your CCA Requests for both of these debts, and you sent them Recorded Delivery so have proof they received them. That was in September 2019.

It's almost the first anniversary of you ceasing payments to them via StepChange so hopefully they can now see that situation (no money from you) is not going to change anytime soon.

You'll have to endure Wescot phoning, texting, sending letters but they'll soon run out of steam and pass it back to HSBC who will eventually assign it to a debt purchaser.

This process may take some time

Di

[Night Monkey]

Thanks, Di. I've just checked the filing and unusually for me easily found copies of my CCA requests and the associated proofs of delivery so I'm as prepared as I can be.

You'll have to endure Wescot phoning, texting, sending letters...

I'm considering setting up some kind of 'Wescot Bingo' to add some entertainment as I tick off each letter that comes