AJ's UE Diary

[Colin G Quinn]

Hi,

I have received your email and will get back to you as soon as I can.

[Colin G Quinn]

Hi,

Do you want to email me the letter of claim you have received? My email address is below as always.

[Ostrich]

Type of account – Natwest Loan
Date commenced - 2019
Approx balance - £17,000
Date last paid – Feb 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - Natwest.

Dec '21 - Default notice
Monthly statements since.
Mar ‘22 - letter to say Dryd£n Ffax now looking after account
April 22 - First contact from DF. Letter of Claim received. SAR sent.
May '22 - Statment of account
Jun '22 - Letter from DF stating CC Claim has been issued. Awaiting claim form from court.

So today I have got the dreaded county court claim letter, although not from the CCC but from the Solicitors working on behalf of NWest (Dryd3n Fairf4x). I suspect the official Court Claim form will be imminent. It's been combined with the overdraft debt (also still owned by bank). They've added some hefty fees to the balance too, which is nice...

As I say, this debt hasn't been sold, so dealing with the bank is making me more concerned than about other ongoing claims. I can't seem to find other members that have been in this situation, although I'm sure there are. Any advice would be gratefully received.

Colin G Quinn Not sure whether it's worth contacting JCS until I get the papers from the court?!

[Colin G Quinn]

Hi,

Received. Someone should be in touch tomorrow and, if you go with us, I'll pick this up next week. Plenty of time to reply to this claim.

[Ostrich]

Thanks Colin for the immediate peace of mind! I’ll send it to you shortly.

[Colin G Quinn]

Hi,

I'm away from the office this week, but if you want to email me a copy of the claim form this evening I'll forward it on and make sure someone gets in touch with you tomorrow.

As to keeping fingers crossed that there are issues somewhere, I'm sure there will be. Not least the fact that, contrary to your post, it is highly unlikely Link are not the owner and that the actual 'owner' is not authorised.

I'll let you know when I've received the claim form.

[The Tech Clerk]

Colin G Quinn

[Ostrich]

Type of account – Lloyds Credit Card
Date commenced - 2017
Approx balance - £4,000
Date last paid – Jan 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - L1nk.
May '21 Default notice
Aug '21 - LC Asset2 letter advising Llodys have assigned my account to them
Jan '21 - Letter from L1nk - Statement of account
Feb '22 - L1nk - Please get in touch letter. Ignored
Mar ‘22 - Letter from Link telling me to arrange payment plan or they WILL pass to solicitors, who MAY issue proceedings. Filed
April ‘22 - Letter of Claim received.
May '22 - Missed calls from L1nk and Solicitors... expecting post soon...
May ‘22 - CC Claim form received ?

As expected, Claim form received. Will try and contact Colin/Gerry @ JCS tomorrow.

Fingers crossed there’s an issue with it somewhere!

[The Tech Clerk]

start a claim anytime then produce or not later, read aroiund site and get to now what happened. send by post (hard Copy)

[Ostrich]

Thanks for the replies. I had already requested via email, but have now sent a request via snail mail, as suggested.

However, I’m now getting calls from them (presumably regarding the email request). I don’t really want to talk to them. As I have now sent a posted request that shouldn’t need any follow up, I suppose I am safe to continue to avoid dialogue with them about this matter?

Had a letter from NWest today confirming they’ve received my SAR request, which happens to be almost exactly 30 days since they sent a Letter of Claim.

This letter says that sending by post will take longer and they would prefer to send via secure email, but I should get requested information within 1 calendar month.

so… questions:

1 - Would it be a benefit from a practical point of view (ie sending info to JCS when required) to have a emailed version?

2 - Are they able/likely to send a court claim while this information is outstanding? (Wishful thinking on my part, I think!)

3 - I guess I just file this and wait unless advised otherwise to my query in q1?

[Colin G Quinn]

Hi,

Who are the Solicitors? Kearns by any chance?

Link will not be the 'account owner'. That is likely a defect on your credit report which requires immediate rectification.

The fact this alleged debt has been allegedly assigned so near to inception is indicative of unenforceability.

???????Happy for you to email me a copy of the letter of claim and one of us will give you a call.

[The Tech Clerk]

Colin G Quinn speak to

[Ostrich]

Type of account – Lloyds Credit Card
Date commenced - 2017
Approx balance - £4,000
Date last paid – Jan 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - L1nk.
May '21 Default notice
Aug '21 - LC Asset2 letter advising Llodys have assigned my account to them
Jan '21 - Letter from L1nk - Statement of account
Feb '22 - L1nk - Please get in touch letter. Ignored
Mar ‘22 - Letter from Link telling me to arrange payment plan or they WILL pass to solicitors, who MAY issue proceedings. Filed
April ‘22 - Letter of Claim received.

Like buses… letter of claim received.

[Ostrich]

Thanks for your response. Yes, the request outlines everything that is in the AAD template.

I will continue to screen calls and will update my diary as and when I get a response.

[Still Waving]

That's right. A SAR is not a matter for question or debate. They know what their obligations are. IF in due course, what they send is less than everything you would expect, they can be reminded of their duty to comply. Remember too, that they have a time limit in which to comply with the SAR.

EDIT: Did you use the AAD SAR template? As I recall, it spells out and reiterates the types of documentation which is expected.