Moonmonkey's Diary

[Moonmonkey]

HiYa. don't worry, wait and see what comes next' when you say "hounded" I hope you didn't bite back with any replies?

haaaa no I didn't - but they were persistant!!!

[nightwatch]

HiYa. don't worry, wait and see what comes next' when you say "hounded" I hope you didn't bite back with any replies?

[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

30/03/2021 - Letter from Sainsburys - saying they have sold the debt to Cabot but will continue to be managed by Wescot - I see this as a good thing that Cabot have purchased the debt and still no sign of the CCA. Filed

10/09/2024 - So i have been hounded day in and day out by Cabot on this one - I refrained from answering the phone and pointing out that there is no CCA provided by Sainsburys. Today I have got a letter from Cabot saying that my debt has been passed to BPO Collections. Should i be concerned? thanks Moonmonkey

[Pat]

POSTERS CHAT AREA leaving arguments out of posters threads
https://all-about-debt.co.uk/forum/d...16#post1548716

Roger

I wasn't arguing, I was commenting on three things that seem to be very important- or could be if it ever gets that far.

[Roger]

POSTERS CHAT AREA leaving arguments out of posters threads
https://all-about-debt.co.uk/forum/d...16#post1548716

[Pat]

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

30/03/2021 - Letter from Sainsburys - saying they have sold the debt to Cabot but will continue to be managed by Wescot - I see this as a good thing that Cabot have purchased the debt and still no sign of the CCA. Filed

Moonmonkey, please take the sin the spirit in which it is intended- to help you.

Looking at your diary above (is this the right one?) two or even three things jumped out at me.

1) The date of the agreement. This was 2008 and therefore, while indeed a Judge may say it is unenforceable until they comply with the S77 request, because of the date, an accurate Reconstituted agreement will do.

2) There has been argument about the refund. This was received on 2nd March . However the Notice of Assignment was received 28 days later on 30th March. Now I don't know what the date of the assignment was but if it was after the date of the cheque, surely the balance assigned would be correct; after all MM could have used that £14 to pay off a bit of the debt. I really think it is irrelevant what the 'mistake' was.

3) This seems to me to be a fixed term loan agreement. Now I am not 100% sure but maybe, if the term of the loan has passed, by March 2020 (12 years after it was taken out), maybe a S87(1) DN was not needed.

MM fret not because you are a long way from anything nasty and the devil is in the detail , for example, when I sent off some prove it letters for a friend, the reconstituted agreements came back for the current address, not the address where they lived when they opened the account. If they reconstitute a DN (as we know they can) again, it should have your address- is it the one where they thought you lived at the time.

Lets hope all stays quiet.

Good luck

???????Pat

[Pat]

I agree and am happy to take this discussion to another thread. Moonmonkey, sorry for the inconvenience. The priority is to give you support. This may get difficult when people have differing opinions but I will do my best. I do not argue for the sake of it, it is because i think you should always consider all the options.

Pat

[Night Monkey]

I think the argumentative posts ought to be deleted.

I agree. I've had things to say during the recent spats but didn't feel it was helpful to distract further from the original posters thread. Now that there's somewhere else to 'discuss' these things, have at it and we can choose whether to become involved or not.

And Moonmonkey, I'm impressed by your forbearance :-)

[Still Waving]

i'm honoured that you all decided to have an argument on my diary !!!!

I think the argumentative posts ought to be deleted.

[The Tech Clerk]

that can be the problem if you took umbridge and left I would understand, it is not helpful, there is a thread somewhere they could discuss away from peeps private threads.

POSTERS CHAT AREA leaving arguments out of posters threads

USE THIS ONE PLEASE.

[The Tech Clerk]

that can be the problem if you took umbridge and left I would understand, it is not helpful, there is a thread somewhere they could discuss away from peeps private threads.

[Moonmonkey]

i'm honoured that you all decided to have an argument on my diary !!!!

[The Tech Clerk]

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.

before AAD Niddy ran another site (forgot the name now) ? culminated setting up AAD. I was on that one very early days.

[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

You can have a free first consultation with @JLS

[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