Toots UE Diary

[Roger]

Hi all, copy of the credit agreement for my AA loan arrived today in the post from Mortimer Clarke. Just checking with Niddy, but I think it's enforceable. I won't respond, and will wait to see what they follow up with.

Your Diary entry says ".. 16/12/22 - letter from Mortimer Clarke with the requested CCA enclosed, statement of account covering payments made 2005 through 2009 and nothing else after, plus a copy of the default notice I would have been sent. Letter dated 12th Dec. .."

In the meantime you need to do some homework.
Don't have any contact with Mortimer Clarke nor Cabot!

Since Mortimer Clarke have now sent you various Documents it would make sense to send a SAR to the original Creditor
This to should now include correspondence between them and Cabot.

The first question is within the Cabot Group WHO is named as the Assignee of the Debt! Because there are possible Authorisation issues here.
Who issued the Default Notice? AA or BOS? The Banking crisis created problems with various Banking Groups being forced together without necessarily having Authority to Act on all group members behalf!

Please then update your Diary

[Toots]

Hi all, copy of the credit agreement for my AA loan arrived today in the post from Mortimer Clarke. Just checking with Niddy, but I think it's enforceable. I won't respond, and will wait to see what they follow up with.

[Toots]

Great. My 3 defaults will drop off my credit report early next year.

It's an awful waiting game. Glad to hear you'll be free soon.

[ca71]

Hi ca71, it went from poor to excellent overnight. I was quite surprised tbh.

Great. My 3 defaults will drop off my credit report early next year.

[Toots]

Does this business still exist?

Hi Still Waving, no, it closed in 2008.

[Toots]

Out of interest, what sort of improvement did your credit score see?

Hi ca71, it went from poor to excellent overnight. I was quite surprised tbh.

[Still Waving]

Credit card
£4500
Took out around 2008
Defaulted 2009
Paying £5 towards this
Sent a CCA request letter end of March 21, and they have acknowledged the correspondence, but nothing else so far. I remember this one - got collared in Macro by a bloke standing there trying to sell credit cards. So, I signed up.
Original creditor MBNA, now with Hoist.


I don’t know if this makes a difference, but the credit card was taken out under a business name rather than mine. They never address letters to me personally.[/SIZE]

Does this business still exist?

[ca71]

Out of interest, what sort of improvement did your credit score see?

[Toots]

Hi,

Diary updated today. I decided to stop paying all the regular payments to creditors going out of my bank account. So far there's only one creditor making rumblings about it. Good news in that my CCJ dropped off my credit file in Feb this year. So, it opens up the world a bit for me. Phew!

Hope you're all well.

T

[PlanB]

Just would like some advice on whether I should stop paying some of these?

No one can really advise you whether to stop paying or not, but the debts won't go Statute Barred if you continue to pay them.

Members tend to find that the accounts don't get sold on (assigned) to a debt purchaser if the original creditor still has money coming in. Even a £1 token payment can be an effortless income for them if they have thousands of debtors paying that into their bank account each month.

Post on your thread each and every time you hear anything from any of them to get suggestions as to your next step (or not!). Sometimes it makes sense to stop paying and ignore if the debt is unenforceable, but each debt has to be looked at individually since no two are alike.

Di

[Toots]

Hi folks,

I'm sorry this has taken so long, but most of the debts are updated now.

Just would like some advice on whether I should stop paying some of these?

Thanks for any help.

T

[Toots]

That was quick!

Nice to have a positive start to your weekend.

Let's hope some of the others are unenforceable too.

Are you currently paying Hoist or Robinson Way (on their behalf) £5 per month towards this one?

Di

Yes, the payment is going to Robinson Way.

Good news about UE. Shame it's one of the smaller debts I'll take it though. Thanks to all here.

[PlanB]

Niddy says this is UE as the information sent back by Hoist is only a screen print of my personal info. It's not a regulated agreement.

That was quick!

Nice to have a positive start to your weekend.

Let's hope some of the others are unenforceable too.

Are you currently paying Hoist or Robinson Way (on their behalf) £5 per month towards this one?

Di

[Toots]

Credit card
Took out in 2008.
Defaulted around 2009
£1390
Paying £5 per month towards this.
I have received a letter from them with their version of the CCA.
Original creditor Barclaycard, now with Robinson Way/Hoist.

Niddy says this is UE as the information sent back by Hoist is only a screen print of my personal info. It's not a regulated agreement.

[Toots]

I'm ready

All your debts seem to have originated from a long time ago which can be helpful when it comes to the current owner attempting to produce documentation in response to any s77-79 CCA Request.

Do you know the approximate year when you opened the bank accounts with the overdrafts in posts #1 & #2?

If you send them a CCA Request they might write back to say that overdrafts are not regulated by the CCA but they could be wrong as explained here >





Don't send any more CCA Requests yet until everything becomes clearer. Even though the AAD CCA Request Template Letter doesn't acknowledge the debt, and is specific about the purpose of the £1 statutory fee, it may still be wise not to make yourself visible if any of these debts have the potential to be Statute Barred.

Di

Hiya,

Alliance and Leicester would have been around 2003.

HSBC around 2007.

I haven't sent either of these a CCA request. I read elsewhere exactly what you mention above about them not being regulated in the same way.

Thanks Di