Ballister UE Diary

[Roger]

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.

Then I most definately would not request a CCA.
What does your CRA reports show?

[Ballister]

The CRA is still showing as being with Ratesetter

[Roger]

The CRA is still showing as being with Ratesetter

Well that`s an interesting detail worth making a note off because " .. Metro acquired Ratesetter in Sep 2020 .."
CRA's are normally updated monthly by the Owner!
Yet you say ".. Jan 2022 - letter from RS saying loan has been sold to Cabot Financial (UK) Limited .."
I would expect Cabot to change this to their name!

Make a note of all these details because they may prove very important! Assignment chains CAN BE very important!

[Ballister]

Debt 3
Ratesetter

• Type of account - Loan
• Date commenced – 4^th 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

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 – 1^st 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

Just received a LBC for this debt. I have identified a few issues - Cabot Financial (UK) Ltd are not FCA registered, the loan was assigned to Metro Bank before being sold to Cabot and also Ratesetter took 2 1/2 years to issue a default notice despite no payments being made.

I will probably engage JCS if a claim form is received. I was just wondering whether its worth sending a DSAR to Ratesetter at this point.

[Still Waving]

I will probably engage JCS if a claim form is received. I was just wondering whether its worth sendind a DSAR to Ratesetter at this point.

It can't hurt, it's free, and it might just throw up some useful information with regard to failures in the due processes.

[Colin G Quinn]

Hi,

The other cases in which we have been instructed, whereby the original credit facility was Ratesetter, were over quite quickly.

The last Cabot one we dealt with we notified Mortimer Clarke that we were instructed in the matter in the middle of January and the case was discontinued before we reached February.

In that case the Default Notice Ratesetter had served our Client with was defective.

Given the dates you have specified above it would appear the Default Notice served upon you was also defective. That can't be remedied by them now. Its simply too late and a fatal error for them.

If they issue the Claim would be a sitting duck for an Application for summary Judgment in your favour, or striking out the Claim, or both.

[Colin G Quinn]

On that basis, I would not send a further SAR.

[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

Many thanks to Colin and all at Joanna Connolly solicitors. An initial hearing was scheduled for August but Intrum subsequently decided to discontinue their claim

[Still Waving]

Another nice result.

[Timewilltell]

Another nice result.

Only I can’t work out whether it was Intrum realising their mistake or the initials JCS that stopped them???

[nightwatch]

Only I can’t work out whether it was Intrum realising their mistake or the initials JCS that stopped them???

I would go for the initials, Intrum don't make mistakes !!

[Ballister]

Hi,

The other cases in which we have been instructed, whereby the original credit facility was Ratesetter, were over quite quickly.

The last Cabot one we dealt with we notified Mortimer Clarke that we were instructed in the matter in the middle of January and the case was discontinued before we reached February.

In that case the Default Notice Ratesetter had served our Client with was defective.

Given the dates you have specified above it would appear the Default Notice served upon you was also defective. That can't be remedied by them now. Its simply too late and a fatal error for them.

If they issue the Claim would be a sitting duck for an Application for summary Judgment in your favour, or striking out the Claim, or both.

After 12 months of me arguing the DN was defective and 2 Letters of Claim - Mortimer Clarke solicitors have given up and have told me my account has been closed by them and returned back to Cabot

[The Tech Clerk]

Cabot next move if any! they have a lame duck?

[Still Waving]

Cabot next move if any! they have a lame duck?

And have probably been told so by MC.

[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 19 Feb 2018
• Account owner – Post Office Money

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.

Not quite sure what's gone on with this account but it appears that Bank of Ireland has simply written off the debt.