Ballister UE Diary

[Ballister]

Thank you for reading my diary. Like many others my debt spiralled due to me spending more than I was earning. Things came to a head at the back end of 2017 when I was unable to shift the Barclaycard debts to other 0% cards. I initially was on a DMP with Stepchange but after one month I went self managed. I have only been paying those creditors who were hassling me. A few months ago I reduced these payments to £1.
However, I have got to the point where I need to decide what I want to achieve long term as I certainly don’t want to be paying £1 a month for the rest of my life on debts of over £50k. I have therefore stopped payments and will see what happens.
Four of my creditors have never asked for payments so I have not been paying these since the beginning of 2018. Unfortunately all of my accounts are post 2007 but I am aware there may be other reasons for a debt to be unenforceable. Also none of the debts have been sold on as yet.
I suppose I am hoping for either some of the debts to become statute barred at some point, for some of the debts to be unenforceable or for me to consider making full and final settlements in the future seeing as I have managed to save a bit of a fund over the last 2 years.
I have therefore sent 7 of my CCAs to Niddy today and will see what comes back from this. I will upload details of all my debts shortly

[Ballister]

Debt 1
Barclaycard 1

• Type of account – Credit card
• Date commenced – May 2008
• Approx balance - £9,800
• Date last 'full' payment – November 2017
• Arrangement - not paying
• Status - defaulted January 2018
• Account owner – Barclaycard

Statute Barred - 9 March 2024

There has been very little collection activity by Barclaycard on this account. The date of default on my credit file is the end of December 2017 but the default notice was not issued until January 2018.

February 2018 – 1^st payment via Stepchange. No payments since.
March 2018 – requested CCA
March 2018 – received CCA
July 2018 – We’d like to catch up about your account letter
October 2018 – please speak to us before November 2018 letter

February 2019 – Following a review of their operating procedures a £75 refund was made to my bank account for the distress and inconvenience as a consequence of Barclaycard not meeting their expected standards
April 2019 - We’d like to catch up about your account letter
September 2019 – CCA sent to Niddy
September 2019 - reply from Niddy

[Ballister]

Debt 2
Barclaycard 2

• Type of account – Credit card
• Date commenced – 25 July 2014
• Approx balance - £8,830
• Date last 'full' payment – November 2017
• Arrangement - not paying
• Status - defaulted January 2018
• Account owner – Barclaycard

Staute Barred - 9 March 2024

There has been very little collection activity by Barclaycard on this account. The date of default on my credit file is the end of December 2017 but the default notice was not issued until Jan 2018.

February 2018 – 1^st payment via Stepchange. No payments since.
March 2018 – requested CCA
March 2018 – received CCA
July 2018 – We’d like to catch up about your account letter
September 2018 – please speak to us before October 2018 letter

March 2019 - We’d like to catch up about your account letter
September 2019 – CCA sent to Niddy
September 2019 - reply from Niddy

[Ballister]

Debt 3

Ratesetter

Type of account - Loan
Date commenced – 4th Feb 2016
Approx balance - £7,600
Date last 'full' payment – November 2017
Arrangement - not paying
Status – defaulted July 2020
Account owner – Cabot Financial (UK) Ltd

Statute Barred - March 2029

There has been very little contact from Ratesetter since I stopped paying in November 2017. They have not defaulted me and bizarrely the account is showing as ‘up to date’ on my credit file. I have not requested my CCA as yet.

February 2018 – 1st payment to Stepchange. No payments made since.
July 2018 – Notice of Sums in Arrears

2019

January 2019 - Notice of Sums in Arrears
July 2019 - Notice of Sums in Arrears

2020

Jan 2020 - Notice of Sums in Arrears
June 2020 - Ratesetter rang my mobile. I hung up without saying anything and have blocked their number.
Jun 2020 - over the last few days I have been receiving calls, texts, emails and now a letter from RS asking me to contact them. Think this would be a good time to send off my CCA request
July 2020 - received Default Notice from RS. Dated 10/07, received 13/07 and giving me until 26/07 to remedy.
July 2020 - Notice of Sums in Arrears
July 2020 - termination letter received
Aug 2020 - account transferred to DCA Scott & Mears
Aug 2020 - CCA request sent to Ratesetter
Aug 2020 - CCA sent to Niddy who thinks its enforceable

2021

Jan 2021 - Notice of Sums in Arrears received from RS
July 2021 - Notice of Sums in Arrears from RS
Oct 2021 - loan purchased by Metro Bank plc

2022

Jan 2022 - letter from RS saying loan has been sold to Cabot Financial (UK) Limited
Feb 2022 - letter from Cabot re exploring options for repaying
March 2022 - letter from Cabot saying we're still waiting to hear from you
My 2022 - Notice of Sums in Arrears received from Cabot
May 2022 - letter from Cabot stating youve been selected for legal action.
May 2022 - letter from Cabot giving me 22 days before account will be placed with solicitors
June 2022 - letter as above but Cabot now giving me 7 days.
June 2022 - account passed to Mortimer Clarke solicitors
June 2022 - Letter Before Claim received from Mortimer Clarke
June 2022 - took advice from JCS
June 2022 - I responded to LBC stating that the default notice is defective and irredeemably unenforcable.
July 2022 - letter from MC sols acknowledging my 'dispute' and advising they will conduct a thorough investigation. Account now on hold.
Sept 2022 - letter from MC solicitors. Account still on hold as they are awaiting docs from original creditor.
Nov 2022 - letter from MC sols stating they now have the DN and in their view it is compliant. Account on hold for 21 days
Nov 2022 - email to MC Sols stating DN is defective as I was given less than 14 days to remedy breach
Dec 2022 - letter from MCS asking for I&E form. Sent previous email by recorded delivery letter

2023

Jan 2023 - email letter from MCS. They say DN was issued on Friday 10 July 2020 and deemed served on Saturday 11 July 2020 with a remedy due date of 26 July 2020. Therefore they say the DN is valid. I actually received the DN on Monday 13 July.
Feb 2023 - letter from MCS saying if IE form not returned within 10 days they will refer back to client
Feb 2023 - 2nd LOC received. Responded disputing debt and quoting CPR rules for deemed service of Default Notice.
May 2023 - letter from MC solicitors stating they have been instructed to return the account back to Cabot and the account with MCS has been closed.
Dec 2023 - account closed by Cabot

[Ballister]

Debt 4
Santander

• Type of account – Credit card
• Date commenced – 8 Feb 2016
• Approx balance - £7,000
• Date last 'full' payment - Oct 2017
• Arrangement – was paying £1 per month to Westcot but stopped from Sep 2019
• Status - defaulted Sep 2018
• Account owner – Santander

Statute Barred - 7th September 2025

Feb 2018 – 1^st payment via Stepchange
March 2018 – self managed DMP
July 2018 – Notice of Sums in Arrears
August 2018 - Default Notice received
September 2018 – Notice of Sums in Arrears
October 2018 – requested CCA

2019

April 2019 – CCA received
September 2019 – CCA sent to Niddy
September 2019 - reply from Niddy
October 2019 - account statement received from Santander

2020

Feb 2020 - letter from Robinson Way saying they are now managing the account
March 2020 - get in touch letter from RW
March 2020 - letter from RW we want to help you
April 2020 - statement received from Santander
May 2020 - balance reduction offer letter from RW
June 2020 - letter from RW, we want to agree an affordable payment plan with you.
August 2020 - letter from Santander saying account to be managed by Drydenfairfax Solicitors
September 2020 - letter from Dryden asking for payment
September 2020 - letter from Dryden please make contact
October 2020 - letter from Dryden saying Santander may accept a significantly reduced settlement

2021

Oct 2021 - statement received from Santander

2022

April 2022 - statement received from Santander
May 2022 - account now being managed by Westcot
Jun 2022 - letter from Westcot asking me to arrange payment
June 2022 - reduced settlement offer received from Westcot
July 2022 - Westcot asking me to get in touch urgently
Oct 2022 - statement from Santander

2023

April 2023 - annual statement received from Santander
May 2023 - 50% offer from Westcot
October 2023 - annual statement received from Santander
April 2024 - statement received from Santander
October 2024 - statement received from Santander

[Ballister]

Debt 5
MBNA

• Type of account – Credit card
• Date commenced – 8 Feb 2016
• Approx balance - £4,700
• Date last 'full' payment – November 2017
• Arrangement - not paying
• Status - defaulted June 2018
• Account owner – MBNA

Statute Barred - 24th June 2024

There has been little contact from MBNA since I stopped paying back in November 2017. I have therefore not yet requested the CCA.

April 2018 – Notice of Sums in Arrears

January 2019 – MBNA notified me that they have refunded historic interest and default fees plus 8% interest. "We have updated and reduced the default balance on your account".

[Ballister]

Debt 6
Bank of Ireland - Post Office Money

• Type of account – Credit card
• Date commenced – 11 Aug 2016
• Approx balance - £940
• Date last 'full' payment – November 2017
• Arrangement – I was paying £1 per month until September 2019
• Status - defaulted January 2018
• Account owner – Post Office Money

Staute Barred - 4th February 2024


Feb 2018 – 1^st payment via Stepchange
March 2018 – self managed DMP
March 2018 – requested CCA
April 2018 – CCA received
September 2019 – CCA sent to Niddy
September 2019 - reply from Niddy - enforceable.

Jan 2023 - just -checked my credit file and this account is now showing as satisfied and closed.

[Ballister]

Debt 7
HSBC

• Type of account – Credit card
• Date commenced – 16 Feb 2016
• Approx balance - £6,500
• Date last 'full' payment – November 2017
• Arrangement – was paying £1 per month but stopped September 2019
• Status - defaulted 19 Jan 2018
• Account owner – HSBC

Staute Barred - 1 October 2025

My credit file shows the date as default as 19 January 2018. However, the default notice was not actually issued until the end of March 2018.

Feb 2018 – 1^st payment via Stepchange
March 2018 – self managed DMP
March 2018 – requested CCA
May 2018 – received CCA

September 2019 – CCA sent to Niddy for checking
September 2019 - reply from Niddy

Jan 2020 - letter from HSBC asking me to get in touch to discuss the account.
March 2020 - letter from HSBC asking me to complete I&E form
October 2020 - letter from HSBC advising "We're very sorry that health problems are making it difficult for you to manage your finances at this time. We are writing to advise that we have undertaken a further review of this account and have decided to no longer contact you in pursuance of this debt. Please note that the balance will remain due and you will remain liable for this debt.

December 2020 - £50 cheque received from HSBC as their quality of service did not meet the standards they expect.

[Ballister]

Debt 8
Bank of Scotland

• Type of account – Credit card
• Date commenced – 7 Sep 2016
• Approx balance - £3,500
• Date last 'full' payment – November 2017
• Arrangement – was paying £1 per month to Moorcroft but stopped from August 2019
• Status - defaulted 27 April 2018
• Account owner – Bank of Scotland (managed by Moorcroft). From 6 August 2024 the new owner is LC Asset 2 Sarl (managed by Link Financial)

Satute Barred - 8th August 2025

Feb 2018 – 1^st payment to Stepchange
March 2018 – self managed DMP
March 2018 – requested CCA
April 2018 – CCA received

August 2019 - last payment to BOS
September 2019 – CCA sent to Niddy
September 2019 - reply from Niddy
November 2019 - Moorcroft letter asking for I&E form to be completed

Feb 2020 - 12 month statement received from BOS
Feb 2020 - letter from Moorcroft asking me to send them a letter from GP re my medical condition (anxiety)
April 2020 - Moorcroft letter putting account on hold for 28 days
July 2020 - letter from Moorcroft asking me to contact them
August 2020 - letter from Moorcroft monthly instalment offer
August 2020 - letter from Moorcroft re repayment plan
Nov 2020 - letter from Moorcroft offering substantial discount

Jan 2021 - annual statement from BOS
Dec 2021 - annual statement from BOS

Nov 2022 - annual statement from BOS

Oct 2023 - annual statement from BOS

October 2024 - debt assigned to LC Asset 2 Sarl. Link Financial are managing the account.
Just checked my reply from Niddy - he said back in 2019 that the CCA looks UE as there is no signature

[Ballister]

Debt 9
Tesco

• Type of account – Credit card
• Date commenced – Sep 2016
• Approx balance - £5,200
• Date last 'full' payment – November 2017
• Arrangement – was paying £1 per month until September 2019
• Status - defaulted Feb 2018
• Account owner – Intrum UK Finance Ltd

Feb 2018 – 1^st payment via Stepchange
March 2018 – self managed DMP
March 2018 – requested CCA
April 2018 – CCA received
September 2019 – CCA sent to Niddy
September 2019 - reply from Niddy
October 2019 - letter from Tesco - we haven't received your payment.
December 2019 - letter from Tesco saying if I don't get in touch they may send the account to a DCA, sell it to a debt purchaser or take court action

Jan 2020 - letter from Tesco asking me to get in touch or they may take court action
Feb 2020 - immediate action required. Get in touch etc
Feb 2020 - account passed to DCA Moorcroft
Feb 2020 - letter from Moorcroft saying they will contact me by phone. They have already and I've blocked their number
Feb 2020 - letter from Moorcroft. Please send your payment proposals within next 7 days
March 2020 - monthly instalment offer letter from Moorcroft
March 2020 - letter from Moorcroft saying account has been passed to Home Collections Division which may result in possible home visit
July 2020 - letter from Westcot asking me to make contact
Aug 2020 - letter from Westcot asking for payment
August 2020 - letter from Westcot saying they are conducting additional checks
September 2020 - reduced settlement offer from Westcot
September 2020 - Westcot letter please contact us

August 2021 - debt assigned to Intrum UK Finance Limited
Sep 2021 - letter from Intrum saying we may take legal action if I don't get in touch
Sep 2021 - letter from Intrum saying we are thinking of taking you to court
Oct 2021 - letter from Intrum offering discount
Oct 2021 - letter from Intrum saying they are getting ready for legal action
Nov 21 - letter from Intrum legal team saying they will pass account to solicitors in 10 days

Feb 2022 - letter of claim received from Lester Aldridge solicitors
April 2022 - County Court claim form received
July 2022 - annual statement received from Intrum
July 2022 - claim discontinued

[Warwick65]

Hi

You are right when you say there are many other reasons for a debt to be unenforceable - assignment is one as is the lack of a default notice. For this reason I recommend you keep all letters you receive.

My own personal, rather OCD way of dealing with it was to scan every letter I receive . I then have a file in google drive with one subfolder for each account. For every letter I receive I number it and give a brief outline in the title e.g 1- CCA request, 2- CCA reply, 3- NOA

This way I have three copies of every letter sent and received, 1 in a folder in a drawer , another on the hard drive of my PC and a third in google drive . I did not number them to start with and then when I decided this was what I needed to do , it was a huge task so a little effort now saves loads of graft later

I do see most of the defaults are relatively recent so I will also ask a couple of questions
1) Do you own your home or have other substantial assets?
2) Have you considered other alternatives than a DMP? I am not suggesting that is the right thing for you but it is an option. It would need professional advice

[Ballister]

Hi - thanks for the advice.

Yes i I own my own home. It’s worth about £250k and I have a £60k joint mortgage with my wife. She has no debts and is aware of my/our predicament.
I have not really explored any other alternatives.

[Warwick65]

Hi - thanks for the advice.

Yes i I own my own home. It’s worth about £250k and I have a £60k joint mortgage with my wife. She has no debts and is aware of my/our predicament.
I have not really explored any other alternatives.

I would say as you have equity in your home, alternative options are not really viable - they might be considered the nuclear option

[Joanna Connolly Solicitors]

I have only been paying those creditors who were hassling me. A few months ago I reduced these payments to £1.
However, I have got to the point where I need to decide what I want to achieve long term as I certainly don’t want to be paying £1 a month for the rest of my life on debts of over £50k. I have therefore stopped payments and will see what happens.
Four of my creditors have never asked for payments so I have not been paying these since the beginning of 2018.

Hello

I've taken a peek at the debts you've listed and can see that so far none of them have been threatening you with court action. Some have left you alone completely even though you are not paying them a penny.

Original creditors tend to assign a debt when the money supply, however small, dries up. They'll have literally thousands of consumers making £1 token payments each month which provides them with a solid income without any effort.

Once assigned to a debt purchaser the game changes a little so you're wise to do your research at this stage.

Most of your accounts were opened relatively recently but that doesn't mean they'll automatically be enforceable. As has been said, they can make errors in numerous other ways especially at the assignment stage.

Some of the debt purchasers are not FCA authorised so that could mean they don't have any legal right to issue a claim even if the documentation is compliant.

I take your point about not wanting to spend the rest of your life making £1 token payments for £50k debt; but on the other hand you could view this as a £50k interest free loan costing you only £9 per month

Di

[Joanna Connolly Solicitors]

I can see four of your debts have been deemed unenforceable as a result of your s77-79 CCA Requests

Have you heard any more from the others?

Even if their credit agreements are enforceable there could be flaws with non compliance of their other statutory duties, so update each post when you hear anything before you respond to them.

Di