Moonmonkey's Diary

[Pat]

But Roger
Yet again you are making assumptions about the reason for the cheque.

Remember, just because no DN is mentioned doesn’t mean one wasn’t sent. Many of us stuck our hands in our ears to start with and threw away nasty letters. It was only later that I knew to keep everything.

We also know , sometimes credits were passed on to the debt purchasers- much more common now than way back when.

[Roger]

But Roger
Yet again you are making assumptions about the reason for the cheque.
Remember, just because no DN is mentioned doesn’t mean one wasn’t sent. Many of us stuck our hands in our ears to start with and threw away nasty letters. It was only later that I knew to keep everything.
We also know , sometimes credits were passed on to the debt purchasers- much more common now than way back when.

Last Payment via Payplan: 15 Feb 2020 £137.10
PayPlan | Free Debt Advice and Free Debt Management. IVAs

02/03/2021 - Cheque for 14 quid received from Sainsburys for not handling my situation between 2013 and 2017 - only had £1 in interest and charges hence the £14 cheque

30/03/2021 - Letter from Sainsburys - saying they have sold the debt to Cabot (Assigned account )
The Account value assigned would have been after the last payment 15 Feb 2020 and can be checked very simply by Moonmonkey

WHY DID Sainsbury sent a Cheque ? Why didn't they reduce the Account balance before the Assignment?
The presumption is that with PayPlan the Account had already been been closed between 2013 and 2017! Certainly before last PayPal payment 2020


".. sometimes credits were passed on to the debt purchasers-.."
Means the debt purchaser now knows that the Account balance sold WAS WRONG and overstated !!

Assigning the Account closes the Account and its balance cannot be changed.

[Pat]

Last Payment via Payplan: 15 Feb 2020 £137.10
PayPlan | Free Debt Advice and Free Debt Management. IVAs

02/03/2021 - Cheque for 14 quid received from Sainsburys for not handling my situation between 2013 and 2017 - only had £1 in interest and charges hence the £14 cheque

30/03/2021 - Letter from Sainsburys - saying they have sold the debt to Cabot (Assigned account )
The Account value assigned would have been after the last payment 15 Feb 2020 and can be checked very simply by Moonmonkey

WHY DID Sainsbury sent a Cheque ? Why didn't they reduce the Account balance before the Assignment?
The presumption is that with PayPlan the Account had already been been closed between 2013 and 2017! Certainly before last PayPal payment 2020


".. sometimes credits were passed on to the debt purchasers-.."
Means the debt purchaser now knows that the Account balance sold WAS WRONG and overstated !!

Assigning the Account closes the Account and its balance cannot be changed.

Indeed lots of answers but no solid evidence

Why indeed did they send a cheque?
What was the importance of the fact only £1 in interest and fees- suggests to me they were frozen, maybe back in 2013

there are lots of instances where cheques for mistakes have been sent - maybe, just maybe, if the assignment was in process it was cheaper to send a cheque than credit the account- BUT if the error was not material to the balance and maybe an ex gratia payment- as long as the original defaulted balance was correct, so what?

I do not think it helpful to make vague suggestions that do not show causation . people on here, or those who read this MAY be vulnerable in that they are in debt and under pressure and they might grab onto anything any tom dick or harry says. We are not legally qualified and we should not be giving advice or making assertive statements.

Doing things like that could be taken as providing a regulated activity which could lead to a site being closed and I for one would hate that

[Roger]

Indeed lots of answers but no solid evidence

Why indeed did they send a cheque?
What was the importance of the fact only £1 in interest and fees- suggests to me they were frozen, maybe back in 2013

there are lots of instances where cheques for mistakes have been sent - maybe, just maybe, if the assignment was in process it was cheaper to send a cheque than credit the account- BUT if the error was not material to the balance and maybe an ex gratia payment- as long as the original defaulted balance was correct, so what?

I do not think it helpful to make vague suggestions that do not show causation . people on here, or those who read this MAY be vulnerable in that they are in debt and under pressure and they might grab onto anything any tom dick or harry says. We are not legally qualified and we should not be giving advice or making assertive statements.

Doing things like that could be taken as providing a regulated activity which could lead to a site being closed and I for one would hate that

Pat


30/03/2021 - Letter from Sainsburys - saying they have sold the debt to Cabot (Assigned account )
The Account value assigned would have been after the last payment 15 Feb 2020 and can be checked very simply by Moonmonkey

Now this was a CCA regulated how do we know? He sent a S.78 CCA request!

The Cheque was sent for 14 quid from Sainsburys for not handling my situation between 2013 and 2017
Presumably a Sainsbury Department handling multiple such Cases of Sainbury customers with similar issues.

I presume a different department handled bulk account assignments with Cabet as you know these are sold in tranches.

Not interested really in you speculations the CCA is outstanding and Sainsbury have admitted costly errors on their part which MUST have had a financial impact on their client account balance else why would they be sending compensation?

A simply SAR down the line might be appropriate depending upon Cabot's handling of the Debt!

A good diary is the basis for sound Legal Advice when and if this becomes necessary I am glad that you now agree with the AAD diary approach

[Pat]

Tell me Roger
Where have I said I agree with your interpretation of the diary approach? More speculation on your part.

If you repeat something often enough does it become true? This seems to be your M.O.


Does sending a CCA request make it regulated? Talk sense.

If it is not regulated by the CCA there is no problem.

Neither you or I are legally qualified, we can only say what worked for us- but you seem to think you should live in Delphi.

[Roger]

Tell me Roger
Where have I said I agree with your interpretation of the diary approach? More speculation on your part.

If you repeat something often enough does it become true? This seems to be your M.O.


Does sending a CCA request make it regulated? Talk sense.

If it is not regulated by the CCA there is no problem.

Neither you or I are legally qualified, we can only say what worked for us- but you seem to think you should live in Delphi.

Pat
We are not legally qualified and we should not be giving advice
Absolutely as has been pointed out the latest Strategy is A GOOD DIARY (really helps if legal advice is required doesn't it?)
My presumption is mentioning legal advice you are actually NOW agreeing with AAD way!
Moonmonkey benefits from a Diary!

But are you suggesting that Moonmonkey S.78 request was a complete waste of time?
You clear haven't looked at His Diary have you?

Sainsburys Bank Personal Loan / Wescot

Agreement Start Date: 15/02/2008
Feb 20 Balance: £1539.86
Last Payment via Payplan: 15 Feb 2020 £137.10
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

if you had you would understand the following

Sainbury's acknowledged receipt of the S.78 CCA request because they sgned for it! Never came back to denial this did they!

30/03/2021 - Letter from Sainsburys - saying they have sold the debt to Cabot (Assigned account )
The Account value assigned would have been after the last payment 15 Feb 2020 and can be checked very simply by Moonmonkey (£1539.86)

The question is the Cheque for £14 sent for not handling my situation between 2013 and 2017

So I really am at a loss as to why a payment after the sale of an Account isn't evidence of an error in the sold closing balance?
Seems to me it is for Cabot as the Account owner to prove otherwise! Buyer Beware is the legal dicta isn't it!
One thing is for certain Cabot can't change that Assigned value can they!
Although de facto Sainsbury's have sent a Credit for £14.00 against a sold and closed Account!

Why wouldn't Moonmonkey Not want to be aware of potential issues with this £14.

The Assignment is to CABOT Moonmonkey hasn't indicated which company under the CABOT group the Assignment was made to which again might be a relevant issue!

Personally I am very grateful for the guidance and excellent help given to me personally in my DEBT Diary journey.
Thankfully not the negativity from Pat whose Diaries have never been seen!

[Pat]

Roger
i could demolish all your incoherent ramblings but I have neither the time or the need. You show yourself up quite well.

All I will say is, you are confusing causation with… I don’t know what. If I send a S78 request it doesn’t mean it is automatically a regulated agreement.

Check the dates of the cheque and the assignment - we still don’t know the full reason for it. Do you know what the sale balance was or just think and we all know what thought did.

The AAD way is to avoid court at all costs (bar settling) . It’s worked well for so many people and it worked well for me.

[The Tech Clerk]

STOP! the bickering again, unnecessary, !!! enough has been said, a diary is our way any legal questions we have facility to ask our on line solicitors..

[Stevo62]

STOP! the bickering again, unnecessary, !!! enough has been said, a diary is our way any legal questions we have facility to ask our on line solicitors..

Good evening all, I like many others read with interest the input on this superb site every evening and the inspiration, confidence and solace I have taken from it is unmeasurable, the warm hearted, polite and influential welcome from numerous members was absolutely unbelievable, the early days of fear, impending letters, phone calls, threats and the like, you all know, you've been there are long gone for me, others will be here in their early days looking for the same.

However recently it feels that the energy either collective or individual has been lost and it doesn't matter what thread I read it would seem there is an egotistical battle between some that is absolutely needless, boring and most of all unhelpful to those of us who are still seeking ongoing guidance when needed, we are all here for the same reason, we all have the same goal and each of us should be looking out for each other with content that will valuable moving forward either given or received regardless of status.

This is not a criticism but an observation with a sincerity that used to exist on this site, my apologies if anyone feels I have spoken out of turn but for the last 3 plus years I have found diaries, comments, replies and even personal phone calls all extremely helpful and long may this continue for all of us, I WILL NOT engage in any individual dialogue with anyone, it's positivity that's needed in these difficult times for those of us here that are still not out of the woods, anything negative, written or otherwise I'm sure would be better channelled elsewhere.

[Still Waving]

Well said, Stevo.

[Pat]

STOP! the bickering again, unnecessary, !!! enough has been said, a diary is our way any legal questions we have facility to ask our on line solicitors..

you may be surprised but I agree that diaries are useful. The problem is some people jump to assumptions where there is no causation. If for example I send one of the. ‘Three letters’ which we know are useless, a lack of a response should not be taken as agreement the letter had any validity.

The AAD way is also to try and stay out of court, let’s face it, in litigation the only sure fire winners are the lawyers.

On that note, when did any of the ‘legal team’ actually contribute to a thread. It feels we are being left to fend for ourselves.

I will continue to point out bad ‘advice’ or poor assumptions whomever makes them.

AAD worked very well for me, over 40k of largely enforceable cca debts seem off by blagging. If I need a lawyer I will hire one but only when all other routes are exhausted

[Roger]

On the contrary what has changed is being made aware of changing legal tactics especially after the Letter Before Claim was introduced!
What was happening was the DCA's used those previous AAD templates and especially responses to the Letter Before Claim to get ALL their eggs in a row before suing!

Pointing out and encouraging quality diaries helps AAD so that if Legal Advice is required (and we are lucky to have the first advice free!) the Diary contents are in the best possible state to assist the lawyers and AAD to get full benefit from the initial request!

This has been pointed out time and time again! TACTICS have changed and so have the DCA's tactics.

[The Tech Clerk]

Spoke to a person I recommended to visit this site and look around, their answer conflicting threads by certain people, not comfortable with that = they went elsewhere.

No wonder this site has been very quite for months now, I for one spend a lot of time getting back in here to assist etc but feel my time is wasted when posters cannot agree, another site started the same and tried it with me, once I confronted facts not fiction.

Experience in past they have one thing to accomplish win win anyway they can. Not a real neutral act to assist the public. So let us get back to reality and encourage peeps to come on here and open their threads our way, I will have to monitor the threads more often I work for nothing on here and many other social sites.

[Pat]

On the contrary what has changed is being made aware of changing legal tactics especially after the Letter Before Claim was introduced!
What was happening was the DCA's used those previous AAD templates and especially responses to the Letter Before Claim to get ALL their eggs in a row before suing!

Pointing out and encouraging quality diaries helps AAD so that if Legal Advice is required (and we are lucky to have the first advice free!) the Diary contents are in the best possible state to assist the lawyers and AAD to get full benefit from the initial request!

This has been pointed out time and time again! TACTICS have changed and so have the DCA's tactics.

Roger
I really am confused. Where are these new tactics explained? In the good old days there was always a plan with a variety of experienced Mods to guide us and guides on the forum. TTC can not and should not be expected to do it all.

You say that responding to the letter of claim helped the DCA get their eggs/ Ducks in a row but I would have thought with the extended time between claims and court they have plenty of time to do that anyway. After all we have to file our defence then there are weeks or months before a court date. Therefore, if I say in my defence there is no DN or a non compliant CCA request, they can fix that.

Also the PAP explicitly say the whole point of the letter of claim is to sort things out. I know of at least one case ( not from here) where costs were awarded in the small claims track to the winning defendant because right from the letter of claim starting point, the claimant was told repeatedly ( and admitted) there was no cca or DN.

I am all for free and open discussion, so I’m sorry that some people have decided they don’t want to come here. I do find it odd that my views are those held by others elsewhere including the site I suspect TTC is referring to with the retired solicitor on board. I have noticed we have not had a new member for many months. I do not believe that your Pavlovian need to respond to me is the reason for no new members.

Just for the record, I believe a diary but more importantly good record keeping is vital, but the fact I have not put a diary under Pat up, doesn’t mean my views are invalid. I can’t find a diary from Niddy or many others who are or were respected posters.

I have over 40k of largely enforceable debts now long statute barred. My very first letter before action was sent just as I started my journey sending cca requests-I never heard from them again.

I am not a fan of DMPs but sometimes they are the best way when the whole picture is looked it, sometimes it’s DRO and sometimes BR . I follow debt camel who campaigns against IVAs - a stance I tend to agree with.

I think I have set out my stall

[Roger]

Roger
I really am confused. Where are these new tactics explained? In the good old days there was always a plan with a variety of experienced Mods to guide us and guides on the forum. TTC can not and should not be expected to do it all.

You say that responding to the letter of claim helped the DCA get their eggs/ Ducks in a row but I would have thought with the extended time between claims and court they have plenty of time to do that anyway. After all we have to file our defence then there are weeks or months before a court date. Therefore, if I say in my defence there is no DN or a non compliant CCA request, they can fix that.

Also the PAP explicitly say the whole point of the letter of claim is to sort things out. I know of at least one case ( not from here) where costs were awarded in the small claims track to the winning defendant because right from the letter of claim starting point, the claimant was told repeatedly ( and admitted) there was no cca or DN.

I am all for free and open discussion, so I’m sorry that some people have decided they don’t want to come here. I do find it odd that my views are those held by others elsewhere including the site I suspect TTC is referring to with the retired solicitor on board. I have noticed we have not had a new member for many months. I do not believe that your Pavlovian need to respond to me is the reason for no new members.

Just for the record, I believe a diary but more importantly good record keeping is vital, but the fact I have not put a diary under Pat up, doesn’t mean my views are invalid. I can’t find a diary from Niddy or many others who are or were respected posters.

I have over 40k of largely enforceable debts now long statute barred. My very first letter before action was sent just as I started my journey sending cca requests-I never heard from them again.

I am not a fan of DMPs but sometimes they are the best way when the whole picture is looked it, sometimes it’s DRO and sometimes BR . I follow debt camel who campaigns against IVAs - a stance I tend to agree with.

I think I have set out my stall

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