Moonmonkey's Diary

[Joanna Connolly Solicitors]

Why is it stressing you out?

You've been told the credit agreement is unenforceable.

They'll give up calling you and sending texts eventually, then post up on your thread anything you receive in the post.

Di

[nightwatch]

the Idea is to stress you out, so that you pay them,
You have told them you won't be paying and why, they will now try to find that CCA.
they will soon calm down the calls, just jot down the date's and times of the calls then if they continue you can send the Harassment letter.

[Timewilltell]

Moon if this is stressing you out then you are looking at it from the wrong direction.
The fact they are calling you when they know all too well that they haven’t got the CCA and therefore little to no chance of ever succeeding in a claim against you, tells you that they are stressing out and trying every devious trick they can throw at you.
Sit back and let them stress, you should be rejoicing in your new found freedom.

As others have said post on thread if they actually post you a written correspondence.

[Moonmonkey]

Why is it stressing you out?

You've been told the credit agreement is unenforceable.

They'll give up calling you and sending texts eventually, then post up on your thread anything you receive in the post.

Di

i'm quite an anxious person - not heard anything from the others though which is good

[Joanna Connolly Solicitors]

Makes me chuckle how in this day and age creditors still put last address on recon cca request . They did it for my ex when I was dealing with the debt, I knew for a fact the account had been opened at our matrimonial home so it was bye bye. That was 8 years ago and yet they still do it.

I saw a recon credit agreement yesterday where the address on the first page was correct at the time the account was opened, but the address on another page was a property which they didn't move to until six years later.

They obviously don't read these things before they send them out - I'm pleased to say

Di

[Moonmonkey]

I saw a recon credit agreement yesterday where the address on the first page was correct at the time the account was opened, but the address on another page was a property which they didn't move to until six years later.

They obviously don't read these things before they send them out - I'm pleased to say

Di

well they are still phoning weekly - but of course i'm ignoring

[Moonmonkey]

I saw a recon credit agreement yesterday where the address on the first page was correct at the time the account was opened, but the address on another page was a property which they didn't move to until six years later.

They obviously don't read these things before they send them out - I'm pleased to say

Di

Di, I've had nothing from the others for months apart from a 6 monthly statement from Sainsburys - do most DCAs' accept that if they can't find a CCA then they won't actively pursue the debt? Apart from Link of course

[Joanna Connolly Solicitors]

Di, I've had nothing from the others for months apart from a 6 monthly statement from Sainsburys - do most DCAs' accept that if they can't find a CCA then they won't actively pursue the debt? Apart from Link of course

They all behave, or misbehave, in different ways.

I would expect Sainsburys to assign (sell) your account to a debt purchaser if they believe it to be unenforceable.

I can see you have another debt with the Nationwide so they may also assign it, but they can be slow to offload their debts.

The ones already with a debt purchaser can go either way depending on the business. Some will act more aggressively than others in the hope of bullying the money out of you. Some will wait until the year before it's due to become statute barred and then resurrect it in the hope that your financial circumstances might have improved.

DCAs (debt collection agents) only act on behalf of the debt owner so they tend to pass them back in order to concentrate their efforts (bullying) on performing accounts which net them commission based on how much they collect.

If you've heard nothing for months then try to put these ones out of your mind until or unless you do hear anything, then post on your thread for suggestions.

Di

[Warwick65]

Di, I've had nothing from the others for months apart from a 6 monthly statement from Sainsburys - do most DCAs' accept that if they can't find a CCA then they won't actively pursue the debt? Apart from Link of course

Hi
I know you asked Di but I need a distraction from work

I have had many accounts, some were sold very quickly , some after several years and a few that have never been sold. Santander have never sold my overdraft, RBS took so long to sell my account that by the time I sent a CCA request to Cabot it was statute barred.

From personal experience only, I have found Cabot were pretty good at not chasing me once they knew it was UE, some of the others kept trying it on, some enough to try the patience of a saint and I am no saint. The worst were Motormile Finance although I think they had a bit of a telling off from the FCA , rebranded and are now Lantern. Arrow were not at the top of my list either but all this was a few years ago.

[Moonmonkey]

Barclaycard / Link

Agreement Start Date: 31/05/2005
Feb 20 Balance: £1118.70
Last Payment via Payplan: 15 Feb 2020 £99.61
CCA requested: 27/02/2020
CCA signed for: 02/03/2020

30/03/2020 - Letter received from link apologising for the delay - but Barclaycard have been unable to supply the documents within the 12 working day timescale. Although the account is currently UNENFORCEABLE until such time as the vendors documentation has been received, it remains collectable and they can still add a default etc.

Luckily Default dropped of my CRA's March 2019.

30/04/2020 - Statement of Account from Link

12/08/2020 - Letter received from Link - saying they have been unable to establish a constructive dialogue with your advisor (that will be Payplan) so they have cancelled my payment arrangement and to contact them to discuss repayment.

This is still unenforceable - no mention of the CCA request

September 2020 - picked the phone up to Link - advised that the CCA was outstanding and that why i wont be paying.......

3 days later CCA in the post - address was wrong - they just added last know address.

Niddy says unenforceable

Weekly phonecalls that I am ignoring - i'm a little twitchy about this one though

23/10/2020 - like a plum i picked up the phone to Link (thought it was Oak Furniture Land) - wanting me to set up a payment arrangement. Said that the CCA I received was invalid and i wouldn't be paying. They said they would get the original agreement in the post. Feel i'm making the situation worse

05/11/2020 - statement received from link - obviously still trying to rustle up the CCA

17/11/2020 - already a couple of calls this week, an automated Vmail and a text from Link (all ignored) - Not gonna lie this one is stressing me out.

11/01/2021 - letter received last week from Link - we have been unable to contact you etc and need to make a repayment plan

update

[nightwatch]

Doing a good job reminding you, you haven't paid them,
Carry on with the good work, wasting their time and money, by ignoring them.

NW

[Joanna Connolly Solicitors]

Barclaycard / Link

Agreement Start Date: 31/05/2005
Feb 20 Balance: £1118.70
Last Payment via Payplan: 15 Feb 2020 £99.61
CCA requested: 27/02/2020
CCA signed for: 02/03/2020



September 2020 - picked the phone up to Link - advised that the CCA was outstanding and that why i wont be paying.......

3 days later CCA in the post - address was wrong - they just added last know address.

Niddy says unenforceable

Weekly phonecalls that I am ignoring - i'm a little twitchy about this one though

23/10/2020 - like a plum i picked up the phone to Link (thought it was Oak Furniture Land) - wanting me to set up a payment arrangement. Said that the CCA I received was invalid and i wouldn't be paying. They said they would get the original agreement in the post. Feel i'm making the situation worse

05/11/2020 - statement received from link - obviously still trying to rustle up the CCA

17/11/2020 - already a couple of calls this week, an automated Vmail and a text from Link (all ignored) - Not gonna lie this one is stressing me out.

11/01/2021 - letter received last week from Link - we have been unable to contact you etc and need to make a repayment plan

They may feel the "need to make a repayment plan" but you don't if you don't want to, especially since they've produced an unenforceable credit agreement with the wrong address on it

You told Link that on the phone and they said they would send you the original agreement last October. Did they do that?

Di

[Moonmonkey]

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They may feel the "need to make a repayment plan" but you don't if you don't want to, especially since they've produced an unenforceable credit agreement with the wrong address on it

You told Link that on the phone and they said they would send you the original agreement last October. Did they do that?

Di

Nope

[Joanna Connolly Solicitors]

Nope

So the debt remains unenforceable unless or until they do send it

Di

[Moonmonkey]

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

09/03/2020 - Letter from Sainsbury's Bank Recoveries in Hull
Saying - "We need you to call us, before we can take the next steps"

What should I do?

23/03/2020 - Letter from Sainsburys bank dated 10/03/2020 sent to me muvvas - saying that they have passed the debt onto Wescot and refer to my arrangement through payplan - self managing now and withholding payment until i get an enforceable CCA.

23/03/2020 - Letter from Wescot dated 11/03/2020 again sent to me muvvas - saying that they have been passed the debt from Sainsburys and refer to my arrangement through payplan.

24/04/2020 - I offered them F&F of 10% awaiting response.

20/05/2020 - Letter from Wescot dated 5/5/2020 saying that they are looking into my request and account is on hold for now.

Feb 2021 - 6 month statement from Sainsburys bank

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

So are all lenders paying this compensation - and is it based on interest and charges for the period? if thats the case then barclays charged me over £800 in interest and charges after I entered into my DMP and defaulted