AJ's UE Diary

[Ostrich]

Hi,

I've been lurking for a few weeks now, trying to read as much information as possible regarding unenforceable credit agreements. The process on the face of it seems pretty scary, but just looking at the success so many people have had has given me some confidence that this is the way! I think I'm ready to start this process!

I have approx £43k worth of unsecured debt across cc's, loan and overdrafts. None have yet defaulted (all paid until end Jan '21/early Feb). I have completely ceased contact to date, ignoring the now regular phone calls - not sure if I should send letters to advise my position (I.e.can't afford to pay anymore) at this point and to let creditors know I won't be paying for the foreseeable, or whether radio silence is the way forward.. any advice appreciated!

I know I want to self-manage this process. Majority of these debts are from the last 4-5 years, so not too hopeful on these, but a couple pre '07, so fingers-crossed there's a chance that some of these are UE.

I will post the list as soon as I can! Thanks in advance for your help.

[ca71]

Welcome Aj83!

[Joanna Connolly Solicitors]

Hello

There's no need to feel scared. If you can't afford to pay then you can't afford to pay.

The 'age' of the debt doesn't necessarily mean something will be enforceable as there can be so many other issues, especially if the accounts are assigned (sold) to a debt purchaser.

I'll wait until you list the debts before making my suggestions.

Di

[Ostrich]

Type of account – Barclaycard Credit Card (1)
Date commenced - 2001
Approx balance - £7,500
Date last paid – Jan 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - PRA
Jul'21 - Default notice
Sep '21 - Letter to advise account purchased by PRA group - may pass to litigation dept
Dec'21 - Account passed to litigation dept
Feb '22 - Statement of account. Further letter advising this is a LBC and to respond within 30 days or may issue court proceedings
Mar '22 - Claim letter recv'd
Apr'22 - DSAR sent
Feb '23 - CLAIM DISCONTINUED!!!

[Ostrich]

Type of account – Barclaycard Credit Card (2)
Date commenced - 2005
Approx balance - £7,300
Date last paid – Jan 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - PRA.
Jul '21 - Default notice
Jan'21 - PRA write to advise various repayment options
Feb '21 - As above
May '22 - Account on hold for 30 days due to DSAR request for other PRA account
May ‘22 - Email to say account is no longer on hold and they look forward to finding a resolution. Next day, another email saying “further to our conversation” (never spoken to them, ever) that the account is being put on hold for 14 days…. Bizarre
Jul '22 - 10% discount available... ignored
Aug '22 - Same letter... 10% discount available. Hoping for 100%, thanks.
Sep ‘22 - 20% discount… filed
October’22 - 20% discount… filed
November ‘22- Account passed to litigation team. If we don’t hear from you by December … etc
Jan'23 - If I do not contact by Feb, they may issue proceedings... Filed.
Feb '23 - LBC received
Mar' 23 - Claim forms received. JCS instructed
Jan'24 - CLAIM STRUCK OUT!!!

[Ostrich]

Type of account – Tesco Credit Card
Date commenced - 2016
Approx balance - £3,500
Date last paid – Jan 2021
Are you on arrangement or not paying – No contact made since last payment
Status – Default
Account owner – Tesco Bank.

Apr '21 - Default notice
May'21 - Passed to DCA (w€stcots)
Jul'21 - Confirmation of residency letter form Tesco (ignored)
Jan '22 - Letter from Tesco - passed to M00rcr0ft
Jan'22 - Letter from Mcroft confirming this - furhter letter asking to get in touch. Ignored
Feb '22 - Letter from Mcoft asking to get in touch
Feb '22 - Further letter from Mcroft asking to get in touch or may send collector to house. Ignored
Mar' 22 - Lots of calls from Mcroft... ignoring.
May '22 - Letter saying there 'might be' a significant discount available to clear the account. Filed
Aug '23 - 15 months of radio silence... but now - LC Asset 2 have been assigned the account (Link will chase).
Sept '24 - LBC received
Nov'24 - CC Claim received - JCS instructed...
Dec '24 - CLAIM DISCONTINUED!!!

[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 - JCS on the case.
Nov' 22 - CLAIM DISCONTINUED!!!

[Ostrich]

Type of account – Natwest Credit Card
Date commenced - 2002
Approx balance - £600
Date last paid – Feb 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - Natwest.

Jun '21 - Default notice
July '21 - Account termination letter
Dec '21 - Letter from Z1nc. Asking to reply or will consider legal action - ignored
Jan '22 - Natwest advise that Al1ied now acting as collection agent- ignored
Feb '22 - Lots of calls - ignored
Mar '22 - More calls and texts 'please get in touch - ignored
Aug '22 - Passed to Wetcloths to handle. Filed.
Sep '23 - Sold to Lowell Financial Ltd (LFL). Welcome letter etc.
Nov '23 - Get in touch letters
Dec '23 - Contact us urgently or "further recovery action"
Jan '24 - 50% discount offered. Filed.

[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.
Nov '22 - Hearing didn't go to plan. Will appeal!
March '23 - CLAIM STRUCK OUT!!!!

[Ostrich]

Type of account – Natwest Overdraft
Date commenced - 1999
Approx balance - £1,500
Date last paid – Feb 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Default
Account owner - Natwest.

Apr '21 - Notice of intention to default
Nov '21 - Default notice
April '22 Letter of Claim rcvd - SAR sent
Jun '22 - Letter from DF stating CC Claim has been issued. Awaiting claim form from court.
March '23 - CLAIM STRUCK OUT!!!!

[Joanna Connolly Solicitors]

Majority of these debts are from the last 4-5 years, so not too hopeful on these, but a couple pre '07, so fingers-crossed there's a chance that some of these are UE

There's one way to find out, and that's send a s77-79 CCA Request to each of them and see what comes back

Send a separate request with a £1 postal order and get Royal Mail Proof of Posting from the post office even though some are with the same bank such as NatWest.

I look forward to helping you.

Di

[Ostrich]

Thanks for your reply Di.

I had assumed that sending CCA requests would come later on, but will start the ball rolling on this now!

Does this apply to the overdraft accounts too? From what I've read to date, there seems to be mixed views on this...

[Joanna Connolly Solicitors]

Thanks for your reply Di.

Does this apply to the overdraft accounts too? From what I've read to date, there seems to be mixed views on this...

Yes you can send a CCA Request for an overdraft - the business will probably write back and say it's not relevant, but Jo explains the relevance in her post 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.

Di

[nightwatch]

Hi welcome to AAD. we look forward to helping you get control of your life back.
we all get into debt for many reasons, not being able to keep up the payment's can cause sleepless nights and stress.( not for my hubby, he is so chilled, I have to check he's not passed away.)
not needed at the moment, we all have enough to deal with.
You have taken the first step, just by joining our happy band, So..
get the CCA's in the post and let's see what they send you back.

NW

[Joanna Connolly Solicitors]

Type of account – Barclaycard Credit Card (2)
Date commenced - 2005
Approx balance - £7,300
Date last paid – Jan 2021
Are you on arrangement or not paying – No contact made since last payment
Status - Active
Account owner - Barclays.

Did this account (and your other Barclaycard account) start out as Barclaycard, or could they have been something else such as Egg, Monument, Morgan Stanley Dean Witter, Goldfish, Marbles etc?

Di