Qotn2011 tries again!

[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
4.2.2021 - text received “further to our letter, we are trying to contact you. Please contact as urgently”

Today’s text.

I am not going to call.

Feeling a bit low - tested positive for Covid 19

[The Tech Clerk]

Wescott are only collectors on behalf of owners, commission on any collection

Diana Mayhew

[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
4.2.2021 - text received “further to our letter, we are trying to contact you. Please contact as urgently”
7.2.2021 - letter in the post dated 2.2.2021 (presumably the letter the previous text was referring to) titled “REDUCED SETTLEMENT OFFER” telling me that Lloyds Bank are offering significant discounts. Ignored.

The latest update

[Joanna Connolly Solicitors]

The latest update

May I just clarify something

You've just received a letter from Westcot saying that Lloyds are offering significant discounts, but you've also posted on your thread that this debt has been chased by Link and you sent them a CCA Request.

Who owns this debt now?

Di

[Qotn2011]

May I just clarify something

You've just received a letter from Westcot saying that Lloyds are offering significant discounts, but you've also posted on your thread that this debt has been chased by Link and you sent them a CCA Request.

Who owns this debt now?

Di

Hi Di,

This debt related to Lloyds overdraft and is being collected by Wescot.

The confusion arose because I sent a CCA to Link regarding the Lloyds overdraft debt.

i subsequently sent a CCA request to Link regarding a Lloyds credit card debt which Niddy said was Unenforceable.

i hope this makes sense.

Thanks
Qotn

[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
4.2.2021 - text received “further to our letter, we are trying to contact you. Please contact as urgently”
7.2.2021 - letter in the post dated 2.2.2021 (presumably the letter the previous text was referring to) titled “REDUCED SETTLEMENT OFFER” telling me that Lloyds Bank are offering significant discounts. Ignored.

10.3.2021 - letter from Link saying that they were now managing the account instead of WESCOT. They included an income and expenditure form and a request to contact them to set up an affordable payment plan. I will reread the letter to get the ins and outs of which branch of Link has sent the letter.

The latest development. I also had notification that Link had done a hard search on my credit report on 8.3.2021.

Should I be concerned?

[nightwatch]

The latest development. I also had notification that Link had done a hard search on my credit report on 8.3.2021.

Should I be concerned?

Link are just flexing there fingers, they are hoping that you will contact them with a. OY wat u doin on serchin my credit file (in a best eastenders voice) letter to prove who you are,
thus proving they have the correct person.

[Grassy_K]

The latest development. I also had notification that Link had done a hard search on my credit report on 8.3.2021.

Should I be concerned?

Keep an eye on things. They did the same on my file, 3 weeks later there was a nasty surprise in the post.

[Qotn2011]

Keep an eye on things. They did the same on my file, 3 weeks later there was a nasty surprise in the post.

Dare I ask what it was?

[Roger]

The latest development. I also had notification that Link had done a hard search on my credit report on 8.3.2021.

Should I be concerned?

https://www.experian.co.uk/consumer/...it-checks.html
A hard credit check happens when a company makes a complete search of your credit report. Each hard check is recorded on your report, so any company searching it will be able to see that you’ve applied for credit.

Now is a DBA and especially Link A PROVIDER OF CREDIT?
If they are a Provider Of Credit they surely would be subject to Banking regulations! Or is this a cynical attempt to get a Debt acknowledged.
It seems to me a way around Statute Bar 6/5 years limitations and mean't to impact directly upon a Creditor without their having recourse.
These companies need to be reported!

[Qotn2011]

Debt 3: Lloyds

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

I have not sent a CCA for this account yet.

I shall do this over the weekend.



3/2/2020 - CCA sent (i know this was a very long weekend, but it’s done now).
CCA request send to Link who seem to be managing this debt now, not Westcots as previously thought

5/3/2020 - Letter received from Link stating:

"Unfortunately the original creditor Lloyds Bank PLC has been unable to comply with your request as the vendor documentation has not been received in the 12 working day timescale.

Although the account is currently unenforceable until such time the vendor documentation has been received, the outstanding balance remains collectable and it is acceptable for creditors to register and continue reporting of a default.

This completes our obligations until Section 78 of the Act"



2/6/2020 - letter received from Link, enclosing a copy of the agreement and terms of conditions, all printed on Link headed paper. Sent to Niddy for enforceability check (the letter says it is!)

3/6/2020 - Niddy confirms this is

17/4/2021 - Letter received asking me to contact them to discuss repayment options on this account as they have been unsuccessful in contacting me.

Latest letter from Link

[Roger]

"..
17/4/2021 - Letter received asking me to contact them to discuss repayment options on this account as they have been unsuccessful in contacting me.
.."

A Stock letter
File

[PlanB]

Latest letter from Link

Niddy has told you that this debt is unenforceable having seen the 'credit agreement' which they sent in response to your s78 CCA Request.

That was in June last year (2020).

Nothing has changed since then so there is nothing you need to do right now.

Di

[Qotn2011]

Debt 3: Lloyds

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

I have not sent a CCA for this account yet.

I shall do this over the weekend.



3/2/2020 - CCA sent (i know this was a very long weekend, but it’s done now).
CCA request send to Link who seem to be managing this debt now, not Westcots as previously thought

5/3/2020 - Letter received from Link stating:

"Unfortunately the original creditor Lloyds Bank PLC has been unable to comply with your request as the vendor documentation has not been received in the 12 working day timescale.

Although the account is currently unenforceable until such time the vendor documentation has been received, the outstanding balance remains collectable and it is acceptable for creditors to register and continue reporting of a default.

This completes our obligations until Section 78 of the Act"



2/6/2020 - letter received from Link, enclosing a copy of the agreement and terms of conditions, all printed on Link headed paper. Sent to Niddy for enforceability check (the letter says it is!)

3/6/2020 - Niddy confirms this is

17/4/2021 - Letter received asking me to contact them to discuss repayment options on this account as they have been unsuccessful in contacting me.

14/8/2021 - Letter received asking me to contact them to discuss repayment options on this account as they have been unsuccessful in contacting me. Letter put under a pile of other things and ignored.

See update. It’s nice to know they are still thinking of me!!!

[Qotn2011]

Latest update:

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."

20/1/2020 - email from PRA Disputes Team

"I note that on 9 August 2018 we responded to you by providing a copy of the statements and the original agreement. After reviewing this, I would deem the account unenforceable, as the agreement is illegible and we have not provided either a reconstituted or a copy of historic or varied terms and conditions.
We have currently classified this debt as unenforceable, which means we are not able to take court or further enforcement action against you to recover the outstanding balance. Please be advised this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to: • Contact you and ask you to repay what you owe; • Pass your details onto a third party collection agency; • Continue to report your account with the credit reference bureaux (as appropriate)."

Account to be placed on hold for 30 days.

20/1/2020 - a further email from PRA

"In my most recent response , I advised that the account will remain on hold for 30 days, at which point contact will resume. My apologies, as your account is being managed by our Customer Support Team, due to your health . They will contact you to discuss your account"


21/1/2022 - email from PRA for both accounts:

“Since you last contacted us, your accounts have been on hold and I hope that you've been keeping well.

We're contacting you for an update on your circumstances and to see how we can help you move forward with your accounts.

Depending on your specific circumstances, there could be different options for us to explore;

• Affordable payment plans, based on your latest budget information

• A lump sum payment offer to close your account also known as a settlement

• Providing an end date on the account so that you can plan ahead

• Breathing space and/or short, medium or long term account holds

• Write off, only in exceptional circumstances

If we haven't heard from you, we'll contact you again in around 30 days.“

I am going to ignore, unless I hear otherwise from you.