Toots UE Diary

[PlanB]

Get ready for the tsunami.

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 >

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.

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

[Toots]

Hi Toots, welcome.

I've not got much to say beyond that, and to assure you that you're in the right place. The experts will be along soon to offer some advice but rest assured that there will be no judgement, a good many of us have been where you are now, and with bigger numbers.

It may seem an odd thing to say but try and enjoy the ride - I am, and I would have said that was an impossibility a couple of years ago.

Good luck on your journey.

Thank you Night Monkey. Appreciate the support.

[Night Monkey]

Hi Toots, welcome.

I've not got much to say beyond that, and to assure you that you're in the right place. The experts will be along soon to offer some advice but rest assured that there will be no judgement, a good many of us have been where you are now, and with bigger numbers.

It may seem an odd thing to say but try and enjoy the ride - I am, and I would have said that was an impossibility a couple of years ago.

Good luck on your journey.

[Toots]

Loan
Took out in 2005
Defaulted 2007
£1800
Not paying towards this at the moment. I was paying Wescot up to about 2018, but after that the account went to Cabot and haven't paid anything since.
Original creditor AA Loans, now with Cabot.

Big jump from 2008 to 2012 where I don't have any documentation regarding defaults etc.

10/1/12 Statement from AA received of account
25/1/12 further statement from AA arrives
12/7/12 statement from AA
7/8/12 letter from Blair Oliver and Scott asking for payment review
23/10/12 letter from BOS confirming £5 per month payment
28/12/12 statement of account from AA
10/1/13 statement of account from AA
7/5/13 letter from BOS asking for payment review
17/6/13 statement of account from AA
13/8/13 letter from BOS asking for payment review
18/11/13 letter from Bank of Scotland advising that BOS are now managing the debt
3/12/13 statement from AA
10/1/14 statement from AA
2/12/13 letter from Wescot advising Lloyds banking group wrote to me (erm no they didn't) advising that they are now managing the debt
8/2/14 letter from Wescot re repayment plan
21/5/14 statement from AA
Undated letter from Wescot offering discounted settlement
Jump to 2016 after numerous letters from Wescot regarding payments
My Dad dies and leaves a bit of money so I write to most creditors with a F&F offer after speaking to Citizens advice
16/4/16 letter sent to Wescot offering a certain amount to clear the debt.
25/4/16 They didn't say no, but did want me to fill out an affordability form. Plus I mentioned poor mental health and I was also sent a 'consent to note sensitive information' form.
9/6/16 letter from Wescot to say they are willing to accept my offer.
23/6/16 I send a letter to Wescot withdrawing my offer due to a change in circumstances. I continue to pay £5 per month. I somehow end up in their Customer Support Unit, but then am sent back to standard collections in 2017.
In between this and May 2019 I am paying £5 a month with the occasional letter from them saying thankyou for payments.
9/5/19 account transferred to HBOS
14/6/19 first letter from Cabot introducing themselves
25/9/19 statement of account from Cabot - looks like I stopped paying them around September 2019
Various softly softly letters up to December 2019
13/12/19 Cabot say they will be sending Resolvecall round (quakes at knees)
2/1/21 Resolvecall letter ignored.
Resolvecall did visit, but I wasn't in, and I imagine hearing my dog go mental behind the door probably put them off trying again. They left a hand written note. I don't have this, and didn't note the date, but I think was within a month of the letter.
Since then various letters from Cabot chasing payments, and they seem to be gearing up for getting a bit more pushy. I have ignored all letters.
I did not ask for a CCA as I wasn't sure whether the loan is still with the original lender or not.

Assume that any correspondence I am sending to them will be above mentioned offer letter, or change of address. So, this debt hasn't had any communication from me since 2016.

25/8/21 letter received threatening court action. Saying if I don't act within a month to start payments they will go for a CCJ.

19/9/21 letter received saying if they don't hear from me within 7 days my account will be passed to their solicitors.

14/10/21 letter received saying they are now referring me to Mortimer Clarke Solicitors.

15/10/21 letter received from Mortimer Clarke saying that they need to talk to me about the debt. If I do not respond within 30 days of the date of the letter Cabot will ask them to issue court proceedings. MC say the debt is owed to Cabot Financial (UK), but all previous correspondence has been from Cabot Europe. A letter of claim has been included with a reply form.

25/10/21 wrote to Mortimer Clarke asking for CCA.

25/10/21 wrote to AA Personal Finance requesting SAR

3/11/21 letter received from Lloyds stating they can't identify the loan account. I didn't mention it was orignally a loan, presume they know by the reference number structure.

8/11/21 letter received from Mortimer Clarke stating they do not have the requested documention, and have put the matter on hold until Cabot can find the credit agreement.

17/8/22 - heard nothing since.

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 template of the default notice I would have been sent, but with no details on it including my name and address, account no. amount owed etc. Letter dated 12th Dec. The exact wording is 'We enclose a copy of your credit agreement, statement of the account, and default notice.' The CCA is ok. The statement of account covers payments from 2005 to 2009 and having a closer look seems to have come from the same people that are telling me they can't find my details ie the original creditors (there's a header of a couple of words that gives it away). The default as I say is blank.

The original loan was consolidation, and most likely for other credit cards/loans. I can't remember that far back which ones though. I couldn't access bank records for the time as the bank I was with at the time is another of my debts on the diary.

11/1/23 Letter from MC asking me to ring to go through income/expenditure form. I didn't ring them.

27/1/23 Letter stating Potential Legal Action. The letter of claim says that the original creditors are Lloyds Bank, they have the account no. details correct, and they say assignment to current creditor was 10/3/18. They ask that I contact them in the next 30 days to discuss. I have not.

9/2/23 Letter requesting my mobile phone number so that they can speak to me. They say they have been instructed to issue court proceedings by Cabot.

22/2/23 Letter received from Bank of Scotland saying they can't find my loan account number. I gave them the original loan agreement number. They're asking for date of birth and previous addresses. Letter arrived in an envelope with Lloyds Banking group as the return address.

12/3/23 Letter of claim (dated 6th March) arrived while I was away over the weekend.

[Toots]

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.

2009 MBNA make an offer of a 60% reduction of the debt.

6/8/10 debt assigned to MKDP

2013 I start making payments
2014 payment review letters, and you haven’t paid letters from MKDP
10/11/14 Raven Recoveries now managing the debit – just one letter from them
6/11/15 MKPD transfer debt to Hoist
2016 payment review requests from Robinson Way
2017 nothing
2018 Hoist finance finally let me know that MKDP has transferred it’s right over to them
2019 nothing
27/3/20 general Robinson Way Covid19 letter about ways to pay
1/2/21 letter from Hoist – ways to pay etc
22/2/21 letter from Hoist thanking for payment
21/3/21 I send CCA request
30/4/21 Hoist respond saying they have not heard from original creditor, and account is on hold. Nothing else since.

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.

23/8/23 no contact re this other than Lowell sent a letter re another debt saying I 'may' have other debts.

[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.

2009 various letters relating to Barclaycard refusing to accept my offer of monthly payments
Then a jump to 2012 – I must have had a clear out at some point.


12/3/12 to 30/10/15 letters from Credit Solutions asking for payment reviews, all ignored
5/1/16 letter from Barclaycard advising that the debt has been transferred to Hoist and all contact to be to Robinson Way
6/1/16 – 2/4/16 letters asking for payment review, offering 66% payment offer of total.
7/4/16 I have started paying £5 per month by this point
11/4/16 I’ve written to them with a f&f offer which they have refused
16/7/16 letter from them saying they will allow me to continue paying £5 due to change in circumstances my end.
14/9/16 - 15/9/18 thanks for the payment letters
2/10/18 notice of assignment letter from Hoist, although they mention that the original debt is MKDP
14/2/19 – 15/8/20 thanks for the payment letters
18/11/20 Robinson way merge with Hoist letter
18/3/21 discount offer on balance of about 60%
21/3/21 I write letter asking for CCA
8/4/21 Hoist looking into the enquiry
10/5/21 Hoist not heard from creditor
11/5/21 Hoist send CCA that Niddy deems UE

10/7/21 letter received offering 33% discount on outstanding amount.

July - Oct 21 three 'choose a way to pay' letters received.
I've recently found that they have started emailing me regarding this account as well. The emails have been going into my spam folder so I didn't see them.

Oct 21 stopped payments to Robinson Way.

Oct 21 - Aug 22 multiple letters regarding discounts available, and flexible ways to pay.

March 23 - letter stating that Lowell are now the owners of the debt. They say that the agreement has been legally assigned to them.

13/3/23 contact from Lowell saying debt has been legally assigned to them. Saying they won't judge if I contact them.

29/3/23 Lowell letter asking me to get in touch and that they'll 'listen'.

11/4/23 Lowell letter saying if I don't contact them re my financial situation there 'may' be more letters, calls, emails, and SMS. And if still no contact 'may' pass my account to an external debt collection partner if I don't contact them.

15/5/23 Lowell are now considering next steps

23/5/23 change of address sent recorded. Change of address recorded their end June 23.

6/7/23 Letter saying that they recently responded to my request for information(?). I have to get in touch to agree how I will repay my outstanding debts and that I 'may' have other accounts not list above.

10/8/23 generic we'll listen letter.

[Toots]

Loan.
£6500
Paying £5 a month towards this
Took out in 2008.
Defaulted around 2010.
Current account holder is Capquest. Original lender Alliance and Leicester.
No response to CCA letter sent end March 2021.

This one has been passed on so many times, I'm really confused.

2013 Rockwell letter stating debt has been purchased by Arrow Global
2014 I get letters from Moorcroft, Rockwell, Arrow, and Capquest
2015 Capquest remain constant throughout this year sending the exact same letter multiple times letting me know they are on behalf of Arrow Global.
2016 Arrow Global let me know that Moorcroft are managing the debt for them.
Sept 2016 Arrow Global change the management over to Arc Europe. On 5th Oct they send a letter asking if I can confirm said addressee lives at the address the letter has been posted to.
13/3/17 Arrow Global let me know that Wescot are now managing the debt
22/8/17 Arrow Global let me know that AIC are now managing the debt
16/6/18 Letter from Capquest to say they are now in the driving seat
Capquest remain constant through to Nov 2020.
In Nov 2020 I receive notice of sum in arrears statements from Arrow Global going back to 2012.
21/3/21 CCA request sent - no response
22/9/21 letter received from Capquest saying there is a settlement available on my account.
27/9/21 statement of account received from Arrow.
18/10/21 statement of account received from Arrow.
19/10/21 - 24/3/22 various corresponence including statements of account, and reduced offers.
24/3/22 - cancelled payment to Capquest. No more payments since.
12/8/22 letter from Arrow saying the account has been passed over to Resolvecall.
18/8/22 letter from Resolvecall stating now acting on behalf of Arrow.
21/11/22 letter from Arrow with statement of account
2/12/22 visit from Resolvecall on the doorstep. Shut the door on them.
5/12/22 text from Resolvecall chasing up settlement of account.

23/5/23 change of address letter sent recorded. Although new address was sent they are now writing to me at the address I changed from not the one to. They've received the letter I sent because they're writing to an address they never had before I sent the information, but I've got a redirect on.

19/7/23 two letters one from Arrow and one from Capquest to the old address. Arrow say that they have appointed Capquest as an administrator. Letter from Capquest says that account has been assigned to Arrow Poplar Designated Activity Company.

[Toots]

Overdraft
£395
Defaulted around 2009.
Paying £5 a month towards this.
Status is that I sent a letter recently offering 20% of the outstanding debt. Based on a letter they sent me a while back offering the same discount (if paid by a certain date). They refused, and offered no alternative.
Account was originally with HSBC, now with Intrum after going through various DCAs.
First default was in 2013.

7/7/21 letter received offering 20% discount if I pay the rest in July.
1/10/21 letter received asking for a financial statement to be sent in.
5/10/21 letter offering 20% discount on outstanding amount.
8/10/21 annual statement received.

Oct 21 - May 22 multiple letters thanking me for my committment to pay down the debt.

23/5/22 last payment to Intrum.

11/7/22 broken repayment plan letter.

26/10/22 annual statement received

8/5/23 account has been passed onto Resolvecall

23/5/23 change of address letter sent recorded. Not showing as received on Royal Mail tracking, but they got the letter and have been sending letters to the new address.

21/7/23 letter of account assignment received with an HSBC letter enclosed dated 2015 saying that the account was sold to 1st Credit in 2014.

1/8/23 manage your account online letter received.

11/8/23 Let us help letter received.

[Toots]

Get ready for the tsunami.

Overdraft
£950
Not paid anything towards it since 2016
Status is open, and I'm just getting a statement once a year.
Original bank was Alliance & Leicester, and after going through various debt collectors is now back with Santander.

19/3/12 Debt transferred to Clarity
May 12 payment plan of £5 per month set up
3/8/12 letter stating debt to be recalled to Santander
16/8/12 Fieldcall letter of intention to visit property
14/8/14 Robinson Way letter asking to negotiate account
12/2/15 Robinson Way letter letting me know Santander have asked them to manage account
9/4/16 Account passed back to Santander

No correspondence since apart from Santander statements every year.

Recently found an old credit report I printed off from 2013. Account has been recorded as satisfied.