Stevo62 My Diary

[Warwick65]

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

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.

[Stevo62]

Did you ever ask Niddy to look at the cca?

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

[Warwick65]

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.

Did you ever ask Niddy to look at the cca?

[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.

[Warwick65]

Just another step so don’t worry
If Wescott phone do not engage , do not even confirm your name. Tell them everything in writing. If they carry on you can send a letter about harassment- I think the template might need tweaking as I think it’s better to keep it simple.

If the letters start to worry you ask here for advice but at the moment there is not much to do. We don’t want to remind Idem they still haven’t produced the agreement, it might just persuade them to look harder.

[Stevo62]

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)

[Joanna Connolly Solicitors]

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
. . . .

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

The agreement has been reviewed and appears to be UE
. . . .

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 >

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.

Di

[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 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 been unsuccessful in our attempts to contact you, as such 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

[Joanna Connolly Solicitors]

Good afternoon Di, nothing at all from PRA,
I log in weekly to MCOL and there's nothing there either.

If PRA want to continue with the proceedings they would need to make an Application to lift the stay (assuming it is stayed) and they would have to pay a fee for that.

This is a low value claim in the grand scheme of things so they may think twice about paying to do that especially since they haven't yet been able to comply with the s78 CCA Request for a MBNA credit card which was assigned to Aktiv Kapital before PRA.

Keep me posted if you hear anything. It may be a long wait

Di

[Stevo62]

It's now been over three months since your wife's Defence was filed and served on the Claimant.

Have you heard anything from PRA or have they fallen silent?

And have you heard anything from MCOL? They won't tell you if a claim becomes stayed due to non action, but see what it says (if anything) when you login.

Di

Good afternoon Di, nothing at all from PRA,
I log in weekly to MCOL and there's nothing there either.

[Joanna Connolly Solicitors]

On the 12/11/20 we received a letter from HM Courts acknowledging our defence, a copy of the defence has also been sent to PRA and they have 28 days to respond, should we expect a response from PRA or the court in the
next few days or is hearing nothing usual and a better outcome?

It's now been over three months since your wife's Defence was filed and served on the Claimant.

Have you heard anything from PRA or have they fallen silent?

And have you heard anything from MCOL? They won't tell you if a claim becomes stayed due to non action, but see what it says (if anything) when you login.

Di

[Joanna Connolly Solicitors]

Sorry Di, it is debt 4, Sainsburys, now updated

No need to say sorry, I just couldn't find the whole quote to put things in context.

Intrum are sending you threatening letters with emotive wording such as Charging Order, Warrant of Control, Attachment of Earnings, all designed to intimidate you but none of these things can happen unless they actually win in court which is not a forgone conclusion by any means, especially since they don't have FCA authorisation.

No doubt Mr X... X... will write again or pass it to solicitors who will write to you. You can let me know if they do

Di

[Stevo62]

Which debt is this?

Di

Sorry Di, it is debt 4, Sainsburys, now updated

[nightwatch]

HI, I Take it this is the debt you refer to in your post.

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.

you sent for a CCA and received a reply last year.

Niddy deemed it UE

all you can do is see what happens next.

NW

[Joanna Connolly Solicitors]

Which debt is this?

EDIT previous post now updated

Di