Qotn2011 tries again!

[Joanna Connolly Solicitors]

Debt 3: Lloyds

• Credit card
• c2008
• £2,200
• Last paid September 2019 (DMP)
• Arrangement (DMP via Stepchange)
• Default - date 2015
• Account owed by Westcot (or possibly Link)

Niddy confirmed this debt is unenforceable so I shall continue with my policy of non payment!

I see no need for a change of policy

Can you now confirm exactly who owns this debt?

Is it Asset Link Capital (No 5 or No 7) Ltd or another legal entity?

Di

[Qotn2011]

I see no need for a change of policy

Can you now confirm exactly who owns this debt?

Is it Asset Link Capital (No 5 or No 7) Ltd or another legal entity?

Di

Hello Di,

The correspondence came from Link Financial Outsourcing Ltd, registered in England number 7059696. Authorised and regulated by the Financial Conduct Authority FRN 606817

Hope this helps

Qotn2011

[Joanna Connolly Solicitors]

Hello Di,

The correspondence came from Link Financial Outsourcing Ltd, registered in England number 7059696. Authorised and regulated by the Financial Conduct Authority FRN 606817

That's the business which is writing to you which is not necessarily the same as the owner of the debt.

Di

[Qotn2011]

That's the business which is writing to you which is not necessarily the same as the owner of the debt.

Di

Hello Di,

Link were asking for payments - but it is unclear who the owner of the debt is (if you see what I mean)

[Joanna Connolly Solicitors]

Hello Di,

Link were asking for payments - but it is unclear who the owner of the debt is (if you see what I mean)

That can sometimes be deliberate.

Have you ever received a Notice of Assignment from Lloyds or Link, or were you with StepChange at the time it may have been sold?

Sometimes creditors/lenders deal direct with the DMP provider so you don't always know what goes on, but they have a statutory duty to serve it on you.

Di

[Qotn2011]

That can sometimes be deliberate.

Have you ever received a Notice of Assignment from Lloyds or Link, or were you with StepChange at the time it may have been sold?

Sometimes creditors/lenders deal direct with the DMP provider so you don't always know what goes on, but they have a statutory duty to serve it on you.

Di

Hi Di,

i do not recall receiving a Notice of Assignment from Lloyd’s or Link.

I was with Stepchange but have cancelled the plan with them as all my debts are unenforceable (thanks to the information and help fro here)

I have done an SAR but have not had anything back as yet.

Thank you

Qotn2011

[Joanna Connolly Solicitors]

Debt 1: Barclaycard

• Credit card
• c1994/95
• £8,890
• Last paid September 2019 (DMP)
• Arrangement (DMP via Stepchange)
• Default - date April 2014
• Account owed by PRA

I sent a CCA request 2017 (I think).

I've had further communication with PRA who sent another copy of the agreement which Niddy has deemed to be UNENFORCEABLE!!!


13/12/19 - email from PRA stating that “After careful consideration, I would advise that we are not willing to accept your offer at this time. The reason for this is we do not have enough information relating to your current finances to give us full picture of your circumstances.”. This case is also being looked at by the Disputes department.

17/1/2020 - email from PRA

"I refer to your dispute raised on 12 November 2019. We are currently awaiting further information to enable us to resolve the dispute. Be assured, the account continues to remain on hold during our investigation period.

Please rest assured that we are committed to responding as soon as we can and will continue to provide you with regular updates as to our progress."

Has there been no further contact from PRA since January, not even an update on your "dispute" with them?

If not you must feel pleased they rejected your F & F offer in December 2019

Di

[Qotn2011]

Has there been no further contact from PRA since January, not even an update on your "dispute" with them?

If not you must feel pleased they rejected your F & F offer in December 2019

Di

Hi Di,

I haven’t heard a word from them since January


I feel surprisingly calm about this

[Qotn2011]

Hello everyone, happy new year

it’s been quiet here until recently.

i have been receiving phone calls - which I have blocked - from Westcot. They have sent me two letters (ignored) and a cheeky missive in the disguise of a payslip (clever and sneaky!) with requests to contact them urgently.


i have not responded to any of these but am wondering what I should do. The debt is my old Lloyds overdraft. I did send them a section 74 letter thinking they owned the Lloyds credit card debt but it’s actually for the overdraft.

Any advice gratefully received.

Qotn

[Joanna Connolly Solicitors]

he debt is my old Lloyds overdraft. I did send them a section 74 letter thinking they owned the Lloyds credit card debt but it’s actually for the overdraft.

Hello

If this is the debt in your post #5 (quoted below) then Lloyds have assigned (sold) it to Link Financial - have I got the correct debt before I make my suggestions?

It says you previously sent a CCA Request to Link who didn't comply because they said it was an overdraft not a credit card (more on that later)

Debt 4: Lloyds

• Overdraft
• Been overdrawn for the best part of 20 years. Had the current account since 1985
• £2,600
• Last paid September 2019 (DMP)
• Arrangement (DMP via Stepchange)
• Default - date April 2015
• Account owed by Link

I did send a CCA request thinking this was the credit card but Link wrote back to me to tell me that it was not a credit card debt.

Should I send a different CCA request for this debt?

This account is owned by Westcot.

Di

[Qotn2011]

Hi Di,

Thank you for your quick response.

I can confirm that the debt does relate to a Lloyds overdraft and has been assigned to Westcot.

i will update the front page to reflect this.

I am still not paying anything to this debt.

Many thanks

Qotn

[Warwick65]

You mention a section 74 request, did you mean a S78

Also does the letter say Wescot are collecting on behalf of someone? Unless things have changed, Wescot are debt collectors and do not actually buy debts.

[Joanna Connolly Solicitors]

Hi Di,

Thank you for your quick response.

I can confirm that the debt does relate to a Lloyds overdraft and has been assigned to Westcot.

Thank you for confirming that.

So this is an old Lloyds overdraft where Link's response to your CCA Request was they didn't need to comply because it was an overdraft. Keep that letter safe.

Either Link aren't aware or they're hoping you will never know about a successful appeal in Cambridge Count Court which Jo explains here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not approve of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

Di

[Qotn2011]

Debt 4: Lloyds

• Overdraft
• Been overdrawn for the best part of 20 years. Had the current account since 1985
• £2,600
• Last paid September 2019 (DMP)
• Arrangement (DMP via Stepchange)
• Default - date April 2015
• Account owed by WESCOT

I did send a CCA request thinking this was the credit card but Link wrote back to me to tell me that it was not a credit card debt.

Should I send a different CCA request for this debt?

This account is owned by WESCOT.

15.1.2021 - text received - “please contact us urgently regarding the letter we sent recently”
18.1.2021 and then daily to 28.1.2021 - same text received asking for me to contact them urgently
27.1.2021 - Letter received from WESCOT saying that they have checked various agencies to ascertain that I am at the address they have on file and that I need to contact them urgently to get something set up to prevent further action and contact

An update on the above.

[Joanna Connolly Solicitors]

Well at least the relentless texts have stopped - so not all bad

Di