Debt Diary 2020

[The Tech Clerk]

I've received a year later a CCA request back for the Aqua Card which I'll send to Niddy and see what the deal is. Quite surprised as its over 13 years old so a bit disappointing

send copy CCA to webmaster@all-about-debt.co.uk no redacting it send as complete refer to this thread

[Warwick65]

I've received a year later a CCA request back for the Aqua Card which I'll send to Niddy and see what the deal is. Quite surprised as its over 13 years old so a bit disappointing

I know we hope they have lost these things but hey ho. In any case there may well be other things that make it UE even if the CCA is enforceable. An example would be a bad Default Notice .


As for the previous post - I know the ICO changed guidance but it used to say a default should be applied when in an arrangement as it was otherwise unfair. Niddy will know more than me but I am sure it is unfair to wait so long. I guess the problem is, if that tenner a month was enough to meet minimum repayments they might argue you had not actually defaulted.

[adam92]

I've received a year later a CCA request back for the Aqua Card which I'll send to Niddy and see what the deal is. Quite surprised as its over 13 years old so a bit disappointing

[adam92]

Not sure NCO are following the law here. So you stopped paying in 2016 but went onto an arrangement which you continued to July 2020.

Then in May 21 they've added a default? No. That's nonsense. That's wholly a breach of the principles of reciprocation; they've had ample time to default you. I'm sure the actual s.87/88 notices will be invalid too which may help you later too.

Your biggest error was going on an arrangement without first defaulting. But is the entry what's showing on your credit file the only ever entry for this product or did the creditor ever report it / what about throughout the AP?

It can be argued but it could be futile - maybe hope they issue a claim then use the bad DN against them, I dunno. It's not worth spending weeks arguing over but it's still naughty how they've behaved.

Hi Niddy apologies I didnt stop in 2016, I was on a payment plan then,

So I didn't stop paying until July 2020 to the DCA who bought the debt.

From Mar 2016 - I had a payment plan with Vanquis for a tenner a month, they sold it in 2019 to Arrow/NCO, and I continued sending the money to Vanquis, and only stopped last summer when i sent the CCA off if that makes sense?

So Vanquis removed the file in 2019 from my file - it was always reported as payments made but under an arrangement.
Arrow now report it on my file, so it shows no history until May 2021 and it shows as defaulted.

Dec 2015 - Over limit paid £1.00-
Jan 2016 - Missed payment of £130
Feb 2016 - Over limit continued.
Mar 2016 - ATP Set up
Mar 2019 - Removed from CRA files
July 2019 - Account Sold to Arrows (managed by NCO Europe) not on any files.
July 2020 - CCA Request Sent to NCO Europe stopped making payments from this point onwards.
Aug 2020 - Confirmation of request sent to me
Feb 2021 - Notice of Default/Termination? (Di notes this isn't a compliant notice)
Apr 2021 - Monthly Account Statement showing arrears
May 2021 - Letter confirming termination of agreement
May 2021 - Default applied

[Never-In-Doubt]

Not sure NCO are following the law here. So you stopped paying in 2016 but went onto an arrangement which you continued to July 2020.

Then in May 21 they've added a default? No. That's nonsense. That's wholly a breach of the principles of reciprocation; they've had ample time to default you. I'm sure the actual s.87/88 notices will be invalid too which may help you later too.

Your biggest error was going on an arrangement without first defaulting. But is the entry what's showing on your credit file the only ever entry for this product or did the creditor ever report it / what about throughout the AP?

It can be argued but it could be futile - maybe hope they issue a claim then use the bad DN against them, I dunno. It's not worth spending weeks arguing over but it's still naughty how they've behaved.

[adam92]

Did they write to you saying they could not comply with your CCA request because they could not match you up with an account (or something similar). Am I also correct in thinking this is a career development loan that was underwritten by the Government? I ask because it might make a difference as to how you handle it.

Hi Warwick, just wanted to question your response to my update later on. (It is a CDL) and the addresses have been updated now do I just leave this?

[adam92]

Make Notes in your paper files!
Read and Learn to sit on your hands!
You wrote!
"..AG have slapped a default on my file and begun reporting. The address is incorrect mind, even more frustrating considering they contact me at the right address. .."

THAT difference IS important! They didn't pluck these addresses out of the ether did they! It means something wrong in their records!
DON'T correct them because this could become very important at some later Date!

Thanks Roger. I'll keep a note of that and not correct anyone. Just frustrated that its there for another 6 years but well its done now.

In the meantime for those reading

I've had another Statement from AG (whom despite 'terminating' the agreement keep sending a credit card style statement out..

And Lowell have sent 6 letters this month for the Capital 1 Debt.

[Roger]

Make Notes in your paper files!
Read and Learn to sit on your hands!
You wrote!
"..AG have slapped a default on my file and begun reporting. The address is incorrect mind, even more frustrating considering they contact me at the right address. .."

THAT difference IS important! They didn't pluck these addresses out of the ether did they! It means something wrong in their records!
DON'T correct them because this could become very important at some later Date!

[adam92]

Never-In-Doubt Can you help?

Already managed to speak to him about it happening a few months ago. Nothing I can do. Thanks tho

[Warwick65]

Never-In-Doubt Can you help?

[Warwick65]

Sadly defaults are something we all have to live with when we stop paying. AP markers also damage your credit file . It will drop off 6 years from the date it was applied.

I am 100% sure about defaults but maybe ask Niddy

[adam92]

Do you mean AG have taken the vet reporting the default or placed a second default on your file. Look at the default date - they can take over reporting but shouldn’t report a new one.

It was never defaulted by the original creditor so there is no previous date. This is the first time. Apologies for confusing things.

[Warwick65]

Do you mean AG have taken the vet reporting the default or placed a second default on your file. Look at the default date - they can take over reporting but shouldn’t report a new one.

[adam92]

Type: CC
Date Commenced: 2014
Default: Never & since sold on.
Balance: £1300
Last Paid: July 20
Status: Awaiting CCA
Owner: Sold to Arrow/NCO (Vanquis)

(Each month a statement is received from Arrow Global since 2019)

Dec 2015 - Over limit paid £1.00-
Jan 2016 - Missed payment of £130
Feb 2016 - Over limit continued.
Mar 2016 - ATP Set up
Mar 2019 - Removed from CRA files
July 2019 - Account Sold to Arrows (managed by NCO Europe) not on any files.
July 2020 - CCA Request Sent to NCO Europe stopped making payments from this point onwards.
Aug 2020 - Confirmation of request sent to me
Feb 2021 - Notice of Default/Termination? (Di notes this isn't a compliant notice)
Apr 2021 - Monthly Account Statement showing arrears
May 2021 - Letter confirming termination of agreement
May 2021 - Default applied

AG have slapped a default on my file and begun reporting. The address is incorrect mind, even more frustrating considering they contact me at the right address.

[adam92]

Did they write to you saying they could not comply with your CCA request because they could not match you up with an account (or something similar). Am I also correct in thinking this is a career development loan that was underwritten by the Government? I ask because it might make a difference as to how you handle it.

That's the one

They stated the address/signature didn't match their records (I did actually have to update my signature in branch, the lady said it was such a tiny difference it shouldn't of even mattered)

The letter from Sep/Oct 2020 states "once the records have been updated please resubmit your request with a valid letter of authority" and returned the postal order.

So I've not done anything with this yet (bar updated my address/sig records)