Stevo62 My Diary

[Stevo62]

Debt 2 Account Westcot
Personal Loan originally with Santander
Commencement date 2010
Approx balance £3100
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from Westcot 29/04/20 acknowledging CCA request, 18/05/20 second letter received documentation enclosed,
all seems to be in order, then unusually and not to form I receive a third letter on the 29/06/20 from Westcot saying they are now investigating the account
and they will not contact me or collect any monies whilst the investigation takes place, I would have thought this should have been the second letter,
may be the CCA sent should be looked at professionally, I await the outcome of the investigation.

08/03/21 Letter received from Westcot -
Our records show that you have missed a payment on the arrangement we previously agreed with you for this account. The last payment we received on your account was June 2020
Please contact us urgently to discuss this account. (Filed)

17/03 21 Letter received from Wescot -
We wrote to you on the 3rd of March 2021 to advise you have missed your repayment on our previously agreed payment plan for this account.
To date we have no record of receiving a payment from you since the ..th of June and we need to make contact with you to discuss the reasons for this missed payment.
We agreed to take payments by instalment as a means of resolving the outstanding debt in a way that is affordable to you, however this repayment plan has not been maintained.
Please contact us urgently ..........(Filed)

14/04/21 Letter received from Moorcroft Debt Recovery
Your account details have been passed to us from Santander to act as a collection agent and we will now be
dealing with your account, we will be in contact with you in the coming days by letter and/or phone in order to discuss your repayment
options in detail.


14 April 2021, 20:59
Originally posted by Warwick65

Did you ever ask Niddy to look at the cca?

17 April 2021, 10.48
Good morning Warwick
sorry for a slow response, the CCA was sent to Niddy and would seem to be UE, no terms.

17 April 2021, 13:14
Originally posted by Warwick65
So nothing really to do at the moment. I suspect you will get a short lived barrage of calls and letters but you probably know how to deal with them by now.

18 April 2021, 14:42
I agree with Warwick, there's nothing you need to do since the debt is currently unenforceable.
Santander can be slow to sell on their debts so you'll just have to wait it out.
They've already used Westcot Debt Collection Agency, and now Moorcroft, but they'll run out of people to hound you eventually.

It's too soon to send them a SAR but that might be useful further down the line.

Di

28/04/21Letter received from Moorcroft -
To prevent possible further debt recovery action please send payment in full if your able to do so or telephone ...... as soon as possible
so that we can try to agree a repayment arrangement that you can afford and maintain.
If you do not contact us following receipt of this letter we may have no alternative other than to recommend to our client that
they consider possible further debt recovery action such as further letters or telephone calls. please contact us now --- (Filed)

08/05/21 Letter received from Moorcroft -
Monthly instalment offer, if you wish to take advantage of this repayment opportunity please contact our offices... (Filed)

29/05/21 Letter received from Moorcroft -
We are aware that you have failed to agree an affordable repayment plan, .......... as no agreement has been reached we are now in the process of reviewing your account prior to the possible recommending of further debt recovery action to our clients. (Filed)

07/07/21 Letter received from Moorcroft -
DISCOUNT OFFER
Although we have been trying to contact you we cannot trace having reached an agreement with you in relation to your outstanding balance. In a further attempt to prevent the possibility of further debt recovery action being recommended our client has informed us that we may be able to offer you a substantial discount, (doesn't say what).
If you would like to participate please contact us as soon as possible. (Filed)

18/08/21 Letter From Moorcroft -
You could be free of this debt if you call us and agree one of the following options.
Option I - agree an affordable repayment plan.
Option 2 - a substantial discount. (Filed)

[PlanB]

Thank you, what kind words

You're welcome

I'm very anti-bullying by banks/debt purchasers which is why I joined this forum to help people over a decade ago.

Di

[nightwatch]

I too had been threatened by a DCA, they were going to take my home and put my children on the streets, according to Miss Ahbah, not her real name, from 1st Credit.
But being the little sh1t I am, I took up the gauntlet and smacked her in the face.
Wrote a strong letter of complaint, said I had recorded the call was going to take it as high as I could.
The reply was they would accept my payment of £2.50 till the 12th of never.
I sent for CCA, Niddy stepped in. I claimed PPI and never paid a penny to them again.
what a joy.

??????

[Stevo62]

[QUOTE=Stevo62;n1539399]

Debt 9 Account Idem Capital Securities
Personal Loan Lloyds TSB
Approx balance £820
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from Idem 15/04/20 acknowledging CCA request, unfortunately we are unable to supply a copy of the credit agreement,
until we do your agreement cannot be enforced, you are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement. Nothing further to date (06/07/20.

21/09/20 Letter received from Idem - DMP No payment received

Please get in touch to confirm whether S/C debt charity are still assisting you with your financial matters and if you wish to continue payments in line with the previously agreed arrangement.
If you prefer to discuss a new payment arrangement directly with us please contact us on 08..... (Filed)

06/11/20 Letter received from Idem -
As yet we still have not been able to speak with you to discuss your circumstances and establish an ongoing arrangement for your account ...... This matter is now urgent, please contact us.... (Filed)

13/03/21 Letter received from Idem -
We are increasingly concerned that we have not been able to speak to you about your account.
We are keen to speak to you in order to understand your situation so that we can place you on the most appropriate payment agreement.
Failure to make contact with us may result in the following actions - (Plural)
1) Your account may be placed with an external DCA
2) There is no 2 ? (Filed)
24/03/21 Letter received from Idem -
Due to non payment of your account we have instructed Wescot Credit Services Ltd to collect the outstanding balance, you will be contacted by Wescot shortly to come to a mutually acceptable arrangement.
If you do not wish to be contacted by Wescot please contact us within 12 days of the date of this letter to agree an on going payment plan. (Filed)

09/04/21 Letter received from Wescot -
Dear ..... ....
Wescot are a specialist debt collection agency and we have bee instructed by our client, Idem Servicing, to make contact with you to discuss the outstanding balance and the options available ...........(Filed)
Last edited by Stevo62; 14 April 2021, 20:09.

08/05/21 Letter received from Wescot -
We have written to you on several occasions asking you to contact us about this account, however to date we have not yet agreed a solution. In an attempt to close this matter our client has agreed we can offer a 25% discount to settle your account. (Filed)

[nightwatch]

Dear Westcot.

I have ignored you on several occasions, a solution will not be agreed, the discount is unacceptable, I will consider a 100% discount and closure of the account,

Save your postage, don't contact me, I won't be replying

Enjoy your weekend

NW x

[PlanB]

[QUOTE=Stevo62;n1540200]

Debt 9 Account Idem Capital Securities
Personal Loan Lloyds TSB
Approx balance £820
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from Idem 15/04/20 acknowledging CCA request, unfortunately we are unable to supply a copy of the credit agreement,
until we do your agreement cannot be enforced, you are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement.
. . .
08/05/21 Letter received from Wescot -
We have written to you on several occasions asking you to contact us about this account, however to date we have not yet agreed a solution. In an attempt to close this matter our client has agreed we can offer a 25% discount to settle your account. (Filed)

Hello

It seems that Idem may have not told Wescot that they sent you a letter on April 2020 (i.e over a year ago!) confirming that this debt is unenforceable since they could not comply with your CCA Request.

Or maybe they did which is why Westcot have offered you a discount to settle this as a "solution" to their problem not your problem.

I can't see when/what year you took out this personal loan, when was that?

Di

[Stevo62]

[QUOTE=PlanB;n1540207]

Hello

It seems that Idem may have not told Wescot that they sent you a letter on April 2020 (i.e over a year ago!) confirming that this debt is unenforceable since they could not comply with your CCA Request.

Or maybe they did which is why Westcot have offered you a discount to settle this as a "solution" to their problem not your problem.

I can't see when/what year you took out this personal loan, when was that?

Di

Hi Di, the honest answer is I don't no exactly, could have been between 1999 and 2005, a long time ago

[Stevo62]

Debt 4 Account Moorcroft Debt Recovery
Personal loan originally with Sainsburys, has been sold on three or four times since, I believe Intrum Finance Ltd to be the current owner of the debt
Commencement date 2009
Approx balance £9100
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from Moorcroft 15/04/20 acknowledging CCA request and will forward paperwork when they have it,
still nothing to date.

04/09/20 Letter received from Moorcroft
Our records show that we have not received the payment of £... due under your agreed arrangement with the result that you are in arrears for the sum of £..., if you have sent your payment in the last few days and this letter has crossed over then you do not need to take any action.

If you are currently unable to make payment please could you contact us so that we can discuss your current circumstances and make sure that your account continues to be treated correctly. (Filed)

08/09/20 Letter received from Moorcroft - please find enclosed a copy of your agreement, just a single page, will send to Niddy

02/10/20 Letter received from Moorcroft
PLEASE CONTACT US TO DISCUSS YOUR ACCOUNT
We cannot trace having received a recent payment, we are aware that these can be difficult times and it is important we work together.

Contact us now and we would be happy to discuss a repayment programme that you can afford and maintain. In certain circumstances we may also be able to offer a substantial discount from the outstanding balance. (Filed)

The agreement has been reviewed and appears to be UE

17/10/20 Letter received from Moorcroft
Monthly instalment offer
As we have not received any communication from you with regards to your outstanding account, we are concerned that your financial position means that you may not be in a position to meet our requests to clear the account in full.
We can confirm that we are prepared to accept a sensible monthly repayment plan which reflects your financial circumstances and is one that you can afford to maintain - please contact us. (Filed)

02/11/20 letter received from Moorcroft - Further to our records we have not been able to agree a affordable repayment plan with you, please get in touch (Filed)

14/11/20 Letter from Moorcroft - They are disappointed that despite numerous attempts to contact me no satisfactory agreement has been reached, however in an attempt to an arrangement our client has informed us that we may be able to offer you a discount on your outstanding balance, if I would like to participate in this offer please call ...... (Filed)

28/10/20 Letter received from Intrum - We refer to the above account which has been with our external recovery provider Moorcroft Debt Recovery Ltd for collection of the outstanding debt, please note as of the date of this letter your account has been returned to Intrum.
Please contact our team to discuss repayment of your outstanding balance. (Filed)

05/12/20 Letter received from Intrum - You haven't been in touch to talk about your outstanding balance, if you'd rather not speak to us that's okay you can do everything you need to online. (Filed)


18/12/20 Letter received from Intrum - We may take legal action if you don't get in touch.
We'd really like to help you pay back the money you owe us, but if we don't here from you we can't help and we may take legal action that may affect your credit score.
Also included is an income/expenditure form and numerous options of how to get in touch. (Filed)

30/12/20 Letter received from Intrum - We're thinking of taking you to court.
We don't want to but if you don't get in touch soon we'll pass your account to our legal team, they'll consider applying for a County Court Judgement which could make it harder for you to borrow money in the future. They may also add court and solicitor fees. (Filed)

6/1/21 Letter received from Intrum - Would I like a discount?
We want to help you pay your debt without taking you to court, so if you get in touch within the next 10 days we'll give you a discount on the £....... you owe. (Filed)

14/1/21 Letter received from Intrum - Our final discount offer before we consider court action.
If we don't hear from you in 10 days we'll pass your account to our legal team who could take you to court.
But we want to help you pay us back without involving the courts, so here are some options we hope will make it easier for you.
Pay in January for a 20% discount, pay over 3 months for a 10% discount. (Filed)

29/01/21 Letter received from Intrum - We're getting ready for legal action.
We're planning to hand your account over to our legal team on ../02/21.
They may apply for a County Court Judgement
to demand you repay the money by a certain date, if you don't pay and judgement is granted the court can issue -
An attachment of earnings-
A warrant of control-
A charging order.

We'd really like to find a way for you to pay us without taking you to court, if you get in touch before ../02/21 we'll try to work out
a repayment plan that helps you avoid legal action. (Filed)

05/02/21 Letter received from Intrum - Introducing our legal team
I'm x... x... from the legal team at Intrum, our collection teams has passed your account to us because you haven't
agreed a way to pay the money you owe us. We're now in charge of getting a county court judgement issued against you to
demand you pay the money back.
Get in touch within 10 days or we'll pass your account to our solicitors,
they'll write to you explaining what you owe and giving you a last chance to pay, if you don't pay they may apply for a CCJ.
The court could demand that you also pay the solicitors costs and court fees which we'll add to the balance you owe us.
-
We can still help
it's not too late to pay us back without involving solicitors, call us, we promise to listen and try to work out a repayment plan you can afford. (Filed)

19/02/21 Letter received from Intrum headed Legal Department
We regret that we have not heard from you and would like to take this opportunity to support you in the resolution of this account.
We have placed your account on hold for 10 days for you to contact us to discuss your situation, please call or email us @.
Should no contact be forthcoming your account will be passed to our solicitors with the intention of issuing a letter before claim. (Filed)

04/03/21 Letter received from Intrum - we have engaged the services of Judge and Priestly LLP
and have transferred your account to them.
Our instructions to them are to pursue the outstanding debt on our behalf which may result in them being instructed to
issue a claim against you in the County Court; to obtain a CCJ against you.
Should you wish to avoid the possibility of County Court proceedings and judgement being entered please contact us


So Intrum have engaged Judge and Priestly solicitors to send you a 'Letter of Claim'. It appears they have not instructed the firm to issue a county court claim for this debt where the credit agreement has been deemed unenforceable.

When you receive the 'Letter of Claim' feel free to email it to me.

In the meantime read this post by Jo which highlights the other difficulties Intrum may face if they do issue legal proceedings >


Originally posted by Joanna Connolly View Post
Intrum UK Finance Limited is not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

We look forward to using the same legal arguments in the future against Intrum UK Finance Limited which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

Intrum also have issues with their assignment process and documentation.




30 04/21 Letter received from Intrum -
We wrote to recently outlining our intentions to issue litigation proceedings against you. Having performed a review
of your account we have decided not to proceed with litigation at this moment in time.
As such your account will shortly be transferred from the legal department back to the collections.
Please contact us to discuss the repayment options available to you ----- (Filed)0

13/05/21 Letter received from Intrum -
We are committed to helping our customers and would like to offer you a discount by way of a partial settlement on your account. We believe this will help you repay your debt whilst saving you money.
Pay May and we will write off 30% of your balance. (Filed)

15/05/21 Letter received from Intrum -
We haven't heard from you, were getting ready to use Resolvecall.
We've now decided to pass your account to Resolvecall so they can arrange a personal visit to your home. (Filed)

21/05/21 Letter received from Resolvecall -
Along the lines of -
We would ask you contact Intrum within 7 days to discuss this matter, or if you prefer, we can send one of our representatives to make a personal visit to your home. Please do not ignore this letter, act now to have a positive discussion about your account.
Please contact Intrum immediately .......... (Filed)

[The Tech Clerk]

Oh!well another costly visit for them. No need to talk to them they drop card asking you to call a number - you ignore

[Warwick65]

Interesting
so Intrum know full well they haven’t complied with your cca request yet still try it on. At this point I see no point in reminding them.

If you get caught by the door-stepper you could ignore them or simply say it is in dispute with Intrum.

[PlanB]

15/05/21 Letter received from Intrum - We've now decided to pass your account to Resolvecall so they can arrange a personal visit to your home. (Filed)

Two weeks ago Idem transferred your account to Judge & Priestly solicitors with the intention of issuing legal proceedings against you.

They then changed their mind about issuing/serving you with county court claim after "a review of your account". No specifics mentioned but Niddy has deemed the one page supposed credit agreement for this Sainsbury's loan as unenforceable, so maybe that was the reason. Just a guess, obviously

So now they're trying a new approach where they'll send someone to your home (despite Lockdown) which I see as an attempt to frighten you into paying them aka bully tactics.

At a time when financial businesses encourage us to deal with our affairs digitally, Intrum want to send a human being to your front door to scare you into doing business with them.

The sad thing is their tactic probably works most of the time.

Di

[Stevo62]

Debt 3 Account Westcot
Credit Card originally with Santander
Commencement date 2009..or
Approx balance £900
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from Westcot 21/04/20 acknowledging CCA request, 22/05/20 second letter stating documentation enclosed,
seems incomplete, just a single page with photo copied information on both sides, has a signature but no updated payment or account details,
need to get this checked, no other communication to date (06/07/20)
Niddy says UE

17/08/20 Letter received from Westcot -
We refer to your recent contact on this account.
We would like to thank you for your patience and we can confirm that we are awaiting further information from our client before this issue can be resolved, we will be in touch in due course. If you wish to contact us to discuss this matter please phone or write to- (Filed)

08/03/21 Letter received from Westcot -
Our records show that you have missed a payment on the arrangement we previously agreed with you for this account.
Please contact us urgently to discuss this account. (Filed)

17/03 21 Letter received from Wescot -
We wrote to you on the 3rd of March 2021 to advise you have missed your repayment on our previously agreed payment plan for this account.
To date we have no record of receiving a payment from you since the ..th of June and we need to make contact with you to discuss the reasons for this missed payment.
We agreed to take payments by instalment as a means of resolving the outstanding debt in a way that is affordable to you, however this repayment plan has not been maintained.
Please contact us urgently ..........(Filed)

17/04/21 Letter received from Drydensfairfax -
We are instructed by Santander to obtain repayment of the amount due under the above agreement of £.... or take appropriate action should you fail to pay.
How to contact us - etc. (Filed)

21/05/21 Letter received from Drydensfairfax -
We wrote to you recently to tell you that we had been instructed by Santander to recover the balance owed to our client. Our records indicate that you have failed to make arrangements to repay the outstanding amount.
Having this debt outstanding may adversely impact your credit rating and consequently may affect your ability to obtain credit in the future.
You do not have an agreed repayment arrangement for this account
Failure to contact us may result in further recovery action.
Goes on to say how to contact us and to complete enclosed financial statement. (Filed)

26/06/21 Letter received from Drydensfairfax -
We wrote to you previously to ask you to provide us with details of your current financial circumstances. We have not received your completed financial statement.
You may be able to settle this account-
We have been informed by our client that they may be willing to accept a significantly discounted lump sum payment in settlement of your account, providing this is affordable to you.
If this is of interest and you can raise an amount to settle this matter please contact us ......... (Filed)

[PlanB]

21/05/21 Letter received from Drydensfairfax -
We wrote to you recently to tell you that we had been instructed by Santander to recover the balance owed to our client. Our records indicate that you have failed to make arrangements to repay the outstanding amount.
Having this debt outstanding may adversely impact your credit rating and consequently may affect your ability to obtain credit in the future.
You do not have an agreed repayment arrangement for this account
Failure to contact us may result in further recovery action.
Goes on to say how to contact us and to complete enclosed financial statement. (Filed)

So the current 'threat' is possible "further recovery action". No surprises there, and not a Letter of Claim either.

I do hate it when banks, creditors and/or debt purchasers use solicitors to pursue debts hoping that firm's letter head will frighten people into paying. I see that as bullying, pure and simple.

People in debt have enough stress in their lives without adding fear to the list.

Di

[Stevo62]

So the current 'threat' is possible "further recovery action". No surprises there, and not a Letter of Claim either.

I do hate it when banks, creditors and/or debt purchasers use solicitors to pursue debts hoping that firm's letter head will frighten people into paying. I see that as bullying, pure and simple.

People in debt have enough stress in their lives without adding fear to the list.

Di

Its been nearly a year now, (already, last payments made to creditors 10th of June), those early dark days have long gone, with the help of this forum and some superb individuals, (you know who are), we have not been in a better place for a long time, I'm not phased by anything, anyone, anymore and ready to deal with whatever comes.
Kind regards to all

[PlanB]

Its been nearly a year now, those early dark days have long gone, with the help of this forum and some superb individuals, (you know who are), we have not been in a better place for a long time, I'm not phased by anything, anyone, anymore and ready to deal with whatever comes.

What a great statement. I'm a big fan of spreading positivity which can be contagious

It's been over nine months since PRA issued a claim against your wife which was stayed after you filed a Defence. I don't want to tempt fate but has there been any further contact from the court or PRA direct?

Di