Stevo62 My Diary

[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 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]

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]

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]

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.

[PlanB]

the CCA was sent to Niddy and would seem to be UE, no terms.

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

[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)

[PlanB]

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.

Hello

So Wescot have given up on chasing you resulting in Santander asking Drydensfairfax Solicitors to pick up the baton.

I do hate it when creditors and debt purchasers use solicitors as debt collectors hoping that their headed notepaper will scare you into paying. That's bullying pure and simple.

Sometimes the solicitors aren't instructed by their client to issue legal proceedings especially if the client knows the debt is unenforceable, their 'instructions' will be to chase you to pay voluntarily.

You say the credit agreement sent in response to your CCA Request has been deemed unenforceable so post up when you inevitably receive further correspondence from Drydens.

Di

[Night Monkey]

I'm going through something very similar with an alleged Santander debt, although slightly ahead of you by the looks of things. Drydensfairfax took over from Wescot and I'm now three letters in, each about three weeks apart - 'We have been instructed', 'You have failed to pay' and 'We can now offer a substantial discount'. That was a couple of months ago so maybe that's when they pass it back, we'll see.

I think we're missing an opportunity for 'DCA letter bingo' here ...

[PlanB]

I'm going through something very similar with an alleged Santander debt, although slightly ahead of you by the looks of things. Drydensfairfax took over from Wescot and I'm now three letters in, each about three weeks apart - 'We have been instructed', 'You have failed to pay' and 'We can now offer a substantial discount'. That was a couple of months ago so maybe that's when they pass it back, we'll see.

Timewilltell went through a similar experience with Drydens which had a happy ending as you will see when you read this post. Fingers crossed you Stevo62 will get the same outcome >

I don’t know if this will calm your nerves, I have two accounts with Arrow and their beloved Drysden. Initially I heard nothing for quite a while, then Arrow informed me they’d passed it over to DF to manage. A few letters came asking for payment with threat of legal action. I then received a LBC letter which I then responded with a CCA request to Arrow copied to DF. DF then wrote to say account on hold. Few packages came with statements and account screenshots etc. Few days later DF were resuming legal action. So I wrote to DF informing them that their client had not fulfilled the CCA request but did not tell them which part. Again another raft of same paperwork. Replied to them thanking them for the paperwork but it does not fulfil the CCA request, they then completely disappeared off radar and haven’t heard from them in over a year now? That was for both accounts.

Di

[Stevo62]

Timewilltell went through a similar experience with Drydens which had a happy ending as you will see when you read this post. Fingers crossed you Stevo62 will get the same outcome >





Di

Thank you both for your posts and encouragement, I will of course post any updates.

[PlanB]

Thank you both for your posts and encouragement

You're welcome

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 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.

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.

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)

[PlanB]

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

. . .
18/12/20 Letter received from Intrum - We may take legal action if you don't get in touch.

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

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

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
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

19/02/21 Letter received from Intrum headed Legal Department
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


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)

Hello

That is such good news especially since this is a £9k debt!

It's also encouraging to see the decision not to issue legal proceedings against you was as a result of a review of your account which may have meant they realized that this debt is unenforceable.

It's a pity they didn't do that before instructing Judge and Priestly solicitors after having sent you a series of letters threatening you with a county court claim and mentioning a potential charging order on your home, attachment of earnings, warrant of control (bailiffs) and so on.

Well done for not surrendering to their pressure which can feel like bullying at times.

Di

[Stevo62]

Hello

That is such good news especially since this is a £9k debt!

It's also encouraging to see the decision not to issue legal proceedings against you was as a result of a review of your account which may have meant they realized that this debt is unenforceable.

It's a pity they didn't do that before instructing Judge and Priestly solicitors after having sent you a series of letters threatening you with a county court claim and mentioning a potential charging order on your home, attachment of earnings, warrant of control (bailiffs) and so on.

Well done for not surrendering to their pressure which can feel like bullying at times.

Di

Thank you, what kind words