The Start of my journey..Floss2020

[Floss2020]

All sorted.. They will be off in the post tomorrow.. I will update my diary once I have been to the Post Office. Thank you for your advice!

[Floss2020]

Debt 1:

Capital one:

Type of account - Credit card
Date commenced - 2006 ish
Approx balance - 173.00
Date last paid - 30 Sept 2020 - Managed DMP
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner Capital one
Original creditor Capital one

This appears to still be with Capital one. No full payment made since 2010

CCA Request sent 27.11.20 with a certificate of postage .

[Floss2020]

Debt 2:

Intrum UK Previously 1st Credit Ltd:

Type of account - Credit card
Date commenced - 2008 or 2009
Approx balance - 380
Date last paid - 30 Sept 2020 - Managed DMP
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner Intrum UK
Original creditor Aqua card

Last fill payment 2010

2010 - New Day ( formally SAV Credit )
2011 - HBOS PLC
2012 - Intrum UK Previously 1st Credit Ltd

27.11.20 CCA request sent with a certificate of posting
21.12.20 Letter received about my Dispute (?) They say they will contact the original creditor to request information but it may take several weeks. Activities suspended while they get the documents.

[Floss2020]

Debt 3:

Moorcroft Group PLC:

Type of account - Personal Loan
Date commenced - 2008 or 2009
Approx balance - 3300
Date last paid - 30 Sept 2020 - Managed DMP
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner Intrum UK
Original creditor Lloyds

Lloyds Bank 2010- 2015 ( I think Moorcroft were collecting on their behalf?)
Intrum UK Previously 1st Credit took over in 2019 ( this looks to be still managed by Moorcroft?)

27.11.20 CCA request sent with certificate of posting

[Floss2020]

Debt 4:

Moorcroft Group PLC

Type of account - Bank Overdraft
Date commenced - 2008 or 2009
Approx balance - 1200
Date last paid - 30 Sept 2020 - Managed DMP
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner Intrum UK
Original creditor Lloyds

2010-2018 Llloyds/Moorcroft
2019 - Intrum UK Previously 1st Credit/Moorcroft.

27.11.20 CCA request sent with certificate of posting
10.12.20 Letter from Moorcroft. requested information from their client. Stresses that they are not looking to enforce only asking payment is made .
14.01.20 - Letter from Moorcroft - No longer on DMP please contact us to arrange payment . Filed
10.04.21 - Letter from Moorcroft -Cannot trace a payment, please contact us to discuss a repayment programme. They may in certain circumstances offer a substantial discount. Filed.

[Floss2020]

Debt 5:

PRA Group Ltd:

Type of account - Credit Card
Date commenced - 2008 or 2009 - Maybe later
Approx balance - 1400
Date last paid - 30 Sept 2020 - Managed DMP
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner PRA
Original creditor Lloyds

Last full payment made in 2010

Barclays Bank PLC to 2015
2015 PRA Group

27.11.20 CCA request sent with certificate of posting

[Floss2020]

Debt 6:

Paragon Personal Finance Ltd :

Type of account - Store HP ( I think)
Date commenced - 2008 or 2009
Approx balance - 190
Date last paid - November 2020
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner I Think this was Currys /HFC Bank

Last full payment would have been in 2010

2010 - HFC /Hoist Finance
2012 - Paragon Personal Finance

27.11.20 CCA request sent with certificate of posting
14.12 - Letter from Idem Servicing . Thank you for your request. Unable to supply the agreement at present and cannot be enforced. Contacted original lenderetc...Debt still outstanding and they will contact me.
23.12.20 - Statement received from Idem Servicing - Filed
14.01.21 - CCA returned sent to Niddy for checking
14.01.21 - "looks" enforcable. will ignore for now due to low value
26.03.21 - Idem letter received, no agreed payment arrangement in place. if not rectified in 7 days, my account will be reviewed. this could be my account placed with internal recoveries or my account being placed with external debt collectors ( I thought Idem were debt collectors!) - filed
22.04.21 - Letter from Idem, please make contact. filed .
25.05.21 - Letter from Idem, they are increasingly concerned and if I don't make payment will place with an external DCA. - filed

[Floss2020]

Debt 7:

Vanquis Bank Ltd:

Type of account - Credit Card
Date commenced - 2008 or 2009
Approx balance - 750
Date last paid - 30 Sept 2020 - Managed DMP
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner Vanquis Bank
Original creditor Vanquis Bank

Last full payment was in 2010

2010 Vanquis Bank
2011 Intrum UK previously 1st Credit
2011 back to Vanquis Bank?

27.11.2020 CCA request sent with certificate of posting
21.12.2020 - CCA received. I will send this to Niddy for checking

[Floss2020]

Debt 8:

Westcot Credit Services:

Type of account - Credit card
Date commenced - 2008 or 2009
Approx balance - 6400
Date last paid - 30 Sept 2020 - Managed DMP
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner Cabot
Original Creditor Lloyds

2010 Lloyd Bank PLC
2011 Westcot Credit
2012 Westcot Credit
2017 Cabot Financial/ Westcot
2018 Cabot Financial/Westcot
Note the is a different account number referenced on each of the dates shown?

27.11.20 CCA request sent with certificate of posting

[Joanna Connolly Solicitors]

Job done - now let’s see what comes back.

Always keep the envelope of anything sent to you and staple it to the contents.

It’ll be interesting to see what Hoist, PRA and Intrum produce (if anything).

Di

[Floss2020]

Thank you Di,

I have a filing system being delivered later, my scanner is up and running and there is (finally) ink in the printer. A month ago I was so stressed about all of this, now I am eagerly anticipating the post

I'll upload the info as and when I get it!

[Floss2020]

Debt 8:

Westcot Credit Services:

Type of account - Credit card
Date commenced - 2008 or 2009
Approx balance - 6400
Date last paid - 30 Sept 2020 - Managed DMP
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner Cabot
Original creditor Lloyds

2010 Lloyd Bank PLC
2011 Westcot Credit
2012 Westcot Credit
2017 Cabot Financial/ Westcot
2018 Cabot Financial/Westcot
Note the is a different account number referenced on each of the dates shown?

27.11.20 CCA request sent with certificate of posting
07.12.20 Postal order returned by Westcot advising that this should have been made out to Cabot. I will resend.
23.12.20 Letter from Westcot - request noted and they will be in touch in due course.. Account on hold while they look into my request

[Joanna Connolly Solicitors]

Debt 8:

Westcot Credit Services:

Type of account - Credit card
Date commenced - 2008 or 2009
Approx balance - 6400
Date last paid - 30 Sept 2020 - Managed DMP
Are you on arrangement or not paying - still paying
Status - defaulted years ago no longer on credit file
Account owner Lloyds Bank PLC

2010 Lloyd Bank PLC
2011 Westcot Credit
2012 Westcot Credit
2017 Cabot Financial/ Westcot
2018 Cabot Financial/Westcot
Note the is a different account number referenced on each of the dates shown?

27.11.20 CCA request sent with certificate of posting
07.12.20 Postal order returned by Westcot advising that this should have been made out to Cabot. I will resend.

What is the exact name of the owner of this debt which may differ from the name on letters you receive from them or from Westcot?

It looks like it was assigned by Lloyds in 2017 so what was stated on the Notice of Assignment at the time, if you were sent one? Might it be Cabot Financial (UK) Ltd which does not have FCA authorisation?

Cabot can sometimes have assignment issues with claims and lack of FCA authorisation issues too, as Jo explains here >

The Cabot group of companies have issues with their assignment process and documentation, as was shown in our recent cases of MFS Portfolio V Phelan & West. We won this case at appeal, following days of argument and counter argument. Part of the judgment confirmed our position both on assignment and that personal account overdrafts are subject to the regulatory framework of the Consumer Credit Act, including S.78 CCA 1974.

The judgment, however, was not all in our favour. The Circuit Judge ruled in favour of MFS Portfolio on a point relating to the use of servicing agents to avoid authorisation by the Financial Conduct Authority under the para 55 FSMA 2000 servicing exemption which we believed to be wrong. However, as we had won the appeal for our client, we were unable to appeal this judgment to the Court of Appeal.

We did however 2 months later obtain another Circuit Judge decision in the Idem Capital Securities Limited case that debt purchasers who are not authorised cannot issue proceedings in the county court regardless of whether there is a para 55 FSMA 2000 servicing agreement in place. Idem did not appeal the judgment.

Di

[Floss2020]

Hello Di,

I haven't had a statement for some time on this one. I must admit when this was assigned I firmly had my head in the sand and probably shredded the letters and just left Payplan to deal with it all. I know this was a silly thing to do... oh the benefits of hindsight! When Cabot send the CCA will this give me a better idea? I am hoping to find the time over the Christmas break to go into the "cupboard of doom" to see if I can find any useful documents.. but its a big job

[Joanna Connolly Solicitors]

Hello Di,

When Cabot send the CCA will this give me a better idea?

I think you mean 'if' not 'when'

You're assuming that Cabot will send you the credit agreement, but they may not.

They're very unlikely to have it in their files, and there's no guarantee that Lloyds will provide them with it either, assuming that they (Lloyds) have kept the whole thing from 2008.

I can also see you posted "there's a different account number referenced on each of the debts" .

And I notice you also had a bank account overdraft with Lloyds from around the same time, however you say that was assigned to Intrum. I wonder if there has been some muddling of these debts/accounts somewhere along the line which can often happen when a DMP is involved.

That would be the debt purchaser's problem not yours!

And then they'll be the issue of whether there was (and still is evidence of) a compliant Default Notice by Lloyds, something they struggle with.

I wouldn't spend your Christmas trying to make sense of all this, I'm sure you have much better things to do with your time.

Di