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  • #16
    Thanks for your comments Di.

    Yes I sent seven CCAs to Niddy and four are considered to be unenforceable, which was quite surprising given the relative newness of the accounts.

    The other two creditors (Ratesetter and MBNA) - I have not requested the CCAs yet as they have never asked for any payment since I stopped paying the full amount almost two years ago.

    There has been silence from the creditors I was paying token amounts to up until August this year. Although this may be due to me disconnecting my home phone

    I will continue to update the thread and ask for help, especially the HSBC and Tesco ones which could prove to be a bit more problematic.

    Comment


    • #17
      Originally posted by Ballister View Post
      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 – Tesco

      Feb 2018 – 1st 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

      I see that Tesco have started to make noises.

      I expect they will now assign the account to a debt purchaser in preference to taking court action themselves.

      Update on your thread when you hear from anyone since Niddy has already deemed the credit agreement enforceable, so you'll probably be looking for other flaws, and the assignment can sometimes be problematic.

      Di

      Comment


      • #18
        Thanks for looking in Di. Yes they have been leaving me quite a few voicemails as well. They are currently the only creditor out of the 9 contacting me but I will post up if things escalate.

        Comment


        • #19
          Originally posted by Ballister View Post
          Thanks for your comments Di.

          The other two creditors (Ratesetter and MBNA) - I have not requested the CCAs yet as they have never asked for any payment since I stopped paying the full amount almost two years ago.

          Meanwhile in other news, have you heard anything more from MBNA?

          You didn't send them (or Ratesetter) a CCA Request because they had fallen silent so you sensibly decided not to wake them up by drawing attention to yourself.

          Di

          Comment


          • #20
            No I have had no contact whatsoever from either of them. Ratesetter have never contacted me since I stopped paying them over 2 years ago. My credit report since that time has UC unclassified markers and shows as up to date!

            Comment


            • #21
              Originally posted by Ballister View Post
              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

              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 – 1st 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.
              Bit of a strange letter just received re this HSBC debt. I had informed them a few years ago I suffer from anxiety. Just wondered what people's thoughts are or if anyone has received similar?

              Comment


              • #22
                Originally posted by Ballister View Post

                Bit of a strange letter just received re this HSBC debt. I had informed them a few years ago I suffer from anxiety. Just wondered what people's thoughts are or if anyone has received similar?
                They have decided that they aren't getting anywhere and will cut their losses, for now, by leaving you alone,
                They could, if they wanted to sell it on for someone else to try and get somewhere with it, but I think with everything else going on at the moment, they are listening to the Mental health lobby.
                They will claim it back as a loss in their accounts.
                just keep the letter safe as a reminder of when you last paid, just incase a few years from now it pops up again

                NW
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #23
                  Originally posted by Ballister View Post
                  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 – 1st 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
                  Hi - is it worth sending a CCA request to the new owner Intrum given that Niddy deemed the CCA from Tesco to be enforceable

                  Comment


                  • #24
                    I would say no. Don't initiate any action, wait for them to contact you. Your position may have improved now that Intrum are the alleged owners.

                    Comment


                    • #25
                      sit on hands for now
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #26
                        The object is too put as much time between the OC and the purchaser, the longer the time span the less likely the OC will cooperate in providing documents, the less documents they can get hold of the more chance you have of reaching Statute Barred.
                        Intrum will take forever to actually take action they usually just send regular love letters to you asking for payments or even offer you great discounts that still make them a profit.
                        As suggested sit back and do nothing for now.

                        Comment


                        • #27
                          Originally posted by Ballister View Post
                          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 – Not defaulted as yet
                          • Account owner – Cabot Financial (UK) Ltd

                          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
                          January 2019 - Notice of Sums in Arrears
                          July 2019 - Notice of Sums in Arrears
                          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
                          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
                          Jan 2022 - letter from RS saying loan has been sold to Cabot Financial (UK) Limited
                          Hi
                          What's the current thinking on asking Cabot for a copy of the CCA now they have bought the debt. Ratesetter did supply one previously which Niddy said was probably enforceable. Is it better to just sit tight and revisit the CCA issue when/if I get a letter before claim at some point in the future.

                          Thanks

                          Comment


                          • #28
                            As you asked for and were supplied a copy agreement less than 18 months ago, there is no point asking for another at this time. If RS had it in their records then, they would be able to make it available to Cabot now. Best to just sit tight for now and see what Cabot do next.

                            Comment


                            • #29
                              There are lots of questions here!

                              Oct 2021 - loan purchased by Metro Bank plc
                              Jan 2022 - letter from RS saying loan has been sold to Cabot Financial (UK) Limited

                              Was this Assigned to Metro Bank Plc?
                              The re assigned to Cabot Financial (UK) Limited?

                              This would be a Small Claim and tactics come into the equation!
                              I would remain Silent and see what happens Next!
                              When and if a LBC received you should contact @Colin G Quinn

                              Comment


                              • #30
                                Thanks both

                                Yes a bit of a strange one. My loan was assigned by Ratestetter to Metro Bank t/a Ratesetter. Metro acquired Ratesetter in Sep 2020 and then purchased Ratesetters' loan portfolio in Feb 2021.

                                Comment

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