The Start of my journey..Floss2020

[nightwatch]

Thanks for Updates, sound as a pound, just file the letters away and update when anything else arrives.

[Warwick65]

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 lender etc...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" enforceable. will ignore for now due to low value

Try not to fret too much that the agreement look enforceable. There are many reasons why a debt may not be enforceable or even chased - examples might be no or a bad DN, terms within the Deed of assignment ( I saw one many years ago that said after 12 months, I think, the original creditor would no longer help the new owner in sourcing documents- therefore no way they could comply with proof of DN etc). Maybe even it is just no financially viable to chase it

[Floss2020]

Thank you Warwick65.. I will hang fire and see what else comes of this. I hope you have a good day!

[Joanna Connolly Solicitors]

Originally posted by Floss2020 View Post
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 Barclaycard

Last full payment made in 2010

Barclays Bank PLC to 2015
2015 PRA Group

27.11.20 CCA request sent with certificate of posting
10.12 - Letter from PRA . Returned PO. Requested information, account on hold and collections ceased until further notice.
22.12.20 - Statement received with a cover letter stating that they are awaiting further documents. Deemed currently unenforceable, please be aware that the debt has not been written off etc. If we find this information in the future, we will forward it on.
22.12.20 - Letter from PRA with attached letter from Barclaycard confirming that they are unable to supply the documentation and fulfil my request. "We need to advise you that regrettably, we are unable to fulfil your request. As such we are not currently able to enforce our Agreement with you and the agreement will remain unenforceable until such time we are able to fulfil your request. Historic terms and conditions attached.. letter filed

PRA may see it as 'regrettable' that they can't comply with your CCA Request, but you may see it as fortunate

I can only add that PRA sometimes make the mistake of issuing legal proceedings even when they can't comply with s77-79 CCA - and then they lose in court.

Here's another example posted by Jo here >

Another headache for PRA Group (UK) Limited today as we won another case against them in Walsall County Court.

The District Judge found for us in all our defence points - the agreement unenforceable, no evidence of assignment, bad default notice, non service of statutory notices and s.78 CCA 1974 breach.

PRA Group (UK) Limited were refused permission to appeal.

It was a 10k claim.

Di

[Floss2020]

[QUOTE=Floss2020;n1538328]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 lender etc...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" enforceable. will ignore for now due to low value
21.01.21 - Call from Idem, to my WORK number!!!! Told them not to ever call on this number again and communicate via writing only.

[The Tech Clerk]

Harassment by Telephone

[Joanna Connolly Solicitors]

[QUOTE=Floss2020;n1538471]

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


21.01.21 - Call from Idem, to my WORK number!!!! Told them not to ever call on this number again and communicate via writing only.

I wouldn't lose too much sleep over this debt since it's owned by Idem who do not have FCA authorisation and lost the legal argument on this point in court as Jo explains here >

On 24 April 2019 we were successful in a consumer credit Appeal on the issue of FCA Authorisation - or rather, lack of FCA Authorisation. Idem Capital Securities Limited admitted in court they were not authorised by the Financial Conduct Authority to exercise the rights of a lender but said they were exempt as they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties that there was a valid servicing agreement in place. The issue for the Circuit Judge to decide whether Idem Capital Securities Limited could rely on the exemption under paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that Idem Capital Securities Limited was not able to rely on the FCA authorisation of an affiliated 3rd party ( paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed.

Idem Capital Securities Limited did not appeal the judgment.

Di

[Floss2020]

Thank you Di. I have heard nothing since! Hope you are well

[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

26.01.21 Statement from Cabot ( ironically in a "save the trees" envelope ) Filed
26.01.21 Another letter (oh the irony.. in ANOTHER "save the trees" envelope ) Update on CCA. Contacted the original lender As we haven't yet been able to provide you with the information you have requested, your credit agreement is unenforceable until we are able to reply to your request.. balance is still outstanding etc,etc.. This is good news... Right??
16.02.21 Letter from Westcot - Please contact us regarding your repayment plan. errr.. you said only last month that this was on hold. Filed

[nightwatch]

26.01.21 Statement from Cabot ( ironically in a "save the trees" envelope ) Filed
26.01.21 Another letter (oh the irony.. in ANOTHER "save the trees" envelope ) Update on CCA. Contacted the original lender As we haven't yet been able to provide you with the information you have requested, your credit agreement is unenforceable until we are able to reply to your request.. balence is still outstanding etc,etc.. This is good news... Right??

yes it is good news,
they will still continue to ask you to pay, BUT, you do not have to pay them, nor can they enforce through the courts, Although some try (and fail) to scare you by the wording in some letters, hoping you don't know your rights.

file away that letter in a safe place.

NW

[Floss2020]

Thank you NW. Its filed safely away! Do you think they will find this one. Or is it unlikely? Don't want to celebrate yet ha ha ha

[nightwatch]

Hard to say with a Lloyds account, ours was a lot older than yours, they kept telling me we would of signed an agreement when it was opened, but we know we didn't.
It started life as a TSB account chq card, then shops started taking it as a Visa debit card, then Lloyds took over and turned it into a Credit card.

I know nothing was signed because it was Hubbys account, but I signed every thing

[Floss2020]

Thank you NW.. I guess Ill just have to wait and see just a bit anxious about this one as its the largest debt..

[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
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

10.12.20 . Letter from Moorcroft .Requested information from their client (Intrum) Stressed that they are not looking to enforce the agreement, only ensuring payment is made to the debt.
14.01.21 Letter received from Moorcroft. They have been advised that I am no longer receiving assistance on my DMP Please contact us to discuss my account - Filed [/QUOTE]
01.03.21 - CCA received sent to Niddy for checking
03.03.21 - Niddy says

21.04.21 - Notification that this has been passed back to Intrum

[Floss2020]

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
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

10.12.20 . Letter from Moorcroft .Requested information from their client (Intrum) Stressed that they are not looking to enforce the agreement, only ensuring payment is made to the debt.
14.01.21 Letter received from Moorcroft. They have been advised that I am no longer receiving assistance on my DMP Please contact us to discuss my account - Filed [/QUOTE]
01.03.21 - CCA received sent to Niddy for checking
03.03.21 - Niddy says [/QUOTE]

So.. I have been getting all anxious about this... but am I right in assuming that these guys cant enforce anything anyway.. or did I imagine this?