Debt Diary 2020

[adam92]

Thanks Di I’ll await till the next letter

[Joanna Connolly Solicitors]

I thought requests sent to them for OD's would be redundant...

Also they've not contacted me for a year or so, is it worth poking the beast?

It seems all of your debts are currently unenforceable because they have not complied with your s77-79 CCA Requests. There is nothing more you need to do except post an update on your thread whenever you hear anything from anyone.

Overdrafts are regulated by the CCA, but it's possible that debt purchasers either don't know that, or pretend that they're not, hoping you won't know any better.

If you've heard nothing for a year from PRA about the old NatWest overdraft then you can wait until they start to make a noise - which they will do eventually!

Jo explains the overdraft legal situation here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not apppove of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

The appeal court also found that MFS Portfolio Ltd had not proved the Assignment to it from the original creditor.

We were not successful on the MFS Portfolio Ltd’s lack of FCA Authorisation point. For obvious reasons, having won the actual appeal for our Clients, this won’t be appealed further by our Clients - however this decision is not a binding decision on other courts as HHJ Walden-Smith was sitting as a Circuit Judge and not as a High Court Judge. On this same point, we are currently waiting for reserved judgment, in a different appeal case at Chester County Court, to be handed down.

I look forward to helping you.

Di

[adam92]

Thanks Di

[Joanna Connolly Solicitors]

Hello adam92

I’ll take a peek at your thread tomorrow and then make my suggestions.

Di

[adam92]

Is that correct? (I don't mean to be rude).
Just I've been reading through it but it's going over my head, I thought requests sent to them for OD's would be redundant... In my natwest SAR there's a form for the account, no details on the apr for overdraft just says "i've been given a copy of personal banking charges and fees" and a tick/signature.

Also they've not contacted me for a year or so, is it worth poking the beast? Just don't want to get into more trouble

[Roger]

Type: Overdraft
Date Commenced: 2008
Default: 2016
Balance: £1010
Last Paid: Feb 2019
Status: ??
Owner: Sold to PRA (old Natwest)

S.78 applies to overdrafts! See here. So you should send a S.78 to PRA
https://all-about-debt.co.uk/forum/d...ot#post1526254

[adam92]

Hello,

I hope to be doing this correct, I have a lot of debts, most of my report now but still eating away I think this is everything you require. I think I'm doing the right things so far..

Type: CC
Date Commenced: 2014
Default: Never & since sold on.
Balance: £1300
Last Paid: July 20
Status: Awaiting CCA
Owner: Assigned to Arrow Poplar (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
Feb 23 - Taken over by CapQuest ( still owned by Arrows)
APR 23 - Assigned to Arrow Poplar designated and still with Capquest chasing
JUL 23 - Capquest have enlisted ResolveCall to work on behalf of them for a door stop visit
AUG 23- Doorstep letter sent

Type: CC
Date Commenced: 2008
Default: 2012
Balance: £1458
Last Paid: Feb 2019
Status: Awaiting CCA
Owner: Sold to Intrum (old Aqua)

June 2020 - CCA Request Sent
July 2020 - Confirmation of request sent to me
Dec 2020 - Update that they are awaiting CCA
2021
Jan 2021 - Query Letter Sent from Intrum
Mar 2021 - Update that they are waiting on CCA letter sent to me
June/July 2021- CCA sent. Niddy says enforcecable
Aug 21 - Letter for setting up payment plan
Sep 21 - Offer of 10% discount if paid by X date.
Oct 21 - Payment request letter
Nov 21 - Payment request letter threaten they may pass the debt to someone else to chase
Dec 21 - Payment request letter (and countless emails)
2022
Jan-July 22 - Payment Request Letters & discount offers of 70-80%.

Type: CC Capital 1
Date Commenced: 2009
Default: Unsure
Balance: £400
Last Paid: 2019
Status: CCA Recieved
Owner: Sold to Lowell

July 2020 - CCA Request Sent (No proof sadly)
July/Aug - Soft Searches Made on Credit File
Nov-Dec - Letters sent to previous address despite Lowell sending letters to current address before.
2021
Jan - Letters sent to previous address "Next Step Assessment" offering 40% discount offer.
Feb - CCA Request sent again (proof of postage collected).
Feb - CCA Request confirmed
Mar - Letter noting they are waiting for documents and account is on hold
Mar - CCA recieved with Statements, awaiting verification. Niddy says Enforceable. Leaving for now
May - Polite letter & email asking to come to a payment arrangement
May - Another letter asking for an arrangement
Sep - Letter asking for payment
Oct - Standard Letter
No/Dec- Standard Letters
2022
Jan-Apr 22 - Standard Letters
May 22 - Letter with a 50% discount offer, never seen this before with them.
July 22 - Standard Letters all year
2023
Aug 23 -Letter stating they gave me 14 days to respond and as I haven't they may take further action - letter lists both this and the Idem debt below for a Halifax overdraft (Original company is stated as Capital One & Idem)
Sep 23 - Emails every few days and a letter stating if I don't contact by 19th Sep they will take action with a partner
Sep 23 - 50% discount letter

Type: OD
Date Commenced: August 2008
Default: May 2013
Balance: £767.01
Last Paid: Jun/July 20
Status: Unknown
Owner: Sold to Idem via Halifax.

2020
Jun/July - Last payment sent.
2021
Jan 21- Letter from Idem to previous address about outstanding balance to discuss payment plan
Mar 21 - CCA sent off to Idem tracked
Mar 21 - Confirmation of request, stating unenforceable until they send documents to me. They have requested documents.
Nov 21 - Repayment Requests
Dec 21 - Repayment Requests
2022
July 22 - Account sold to Hoist Finance who have sent SMs
April 23 - Account transferred to Intrum.
Aug 23 - I think Lowell are now chasing this either on their behalf or I've missed a change of ownership letter?
Sep 23 - 50% discount letter

Type: Overdraft
Date Commenced: 2008
Default: 2016
Balance: £1010
Last Paid: Feb 2019
Status: ??
Owner: Sold to PRA (old Natwest)

09/21 - Letter offering 10% discount.
03/22 - Letter stating Moorcraft have been tasked with collection
04/22 - Standard Letters and a Discount Letter
04/22 - PRA sent me what I think for the first time ever- an annual statement
May-Jun 22 - Moorcraft letters
Dec 23 - First contact in ages letter stating PRA (UK) Group Limited have transferred the account to PRA Group UK Portfolios Ltd. But still managed by the former.


Type: CDL Loan
Date Commenced: 2012
Default: 2013
Balance: 8000
Last Paid: May 2020
Status: Awaiting CCA
Owner: Barclays (original)

Aug - Request Sent
Oct - Letter Received Stating They Didn't Recognise My Details (despite me adding former addresses and new address onto the letter, and having also received a SAR for the account in August) Asked me to go to a branch
Nov - I sent a reply letter stating they'd already sent my SAR and have my new address. Checked address with Barclays on phone. Correct.
Sep 21 - Arrears notice
2022
June 21 - Arrears notice
2023
June 23 - Arrears notice


Statutory Barred?
Type: PDL's
Date Commenced: Aug-Dec 2015
Default: March 2016
Balance: 967 (multiple together)
Last Paid: 2015..
Status: Sent CCA for one. Unenforceable. - I believe this is also now SB'd
Owner: Sold to MMF (lending stream)

April 2019 - Lantern chase 1 debt for £60
Oct 2019 - CCA Sent
Oct 2019 - Received a general terms/conditions agreement - no personal details or anything to state it was mine.
Oct 2019 - They then sent a letter taking over 5 other LS loans and merging them into one account for payment.

2020
June 2020 - Multiple calls to telephone received, ignored.

**New Entry
2022 - June 2022 - Letter chasing and referring to another company