Kenny91's Debt Diary

[Kenny91]

Quick update:

So back in early 2021 when I requested the original CCA, M&S Bank supplied various bits of paperwork, including the "Green Copy" (actually a black and white photocopy) of the CCA, which has my autograph and clearly says in the bottom right corner: "Page 2 of 2". Along side that in small print is a six-digit code.

I still have the original "Yellow Copy" of the same agreement, which is six pages in total, and is identical - for the most part - of the Green Copy, albeit it does not contain my signature on Page 2, with that space replaced by numbered terms and conditions.

The Yellow Copy also features a slightly different six digit number in the bottom right corner, next to "Page 1 [etc] of 6".

More importantly, the "Key Information" box on Page 1 of the Yellow Copy refers to several clauses that are not shown on the Green Copy. With my CCA request, M&S Bank supplied a "copy of the terms that currently apply".

Those terms and conditions clearly state they are for CCAs "made on, or after March 23, 2021".

Nowhere in those updated terms and conditions are the clauses referred to in my Yellow Copy of the CCA. Indeed, Section X of the Yellow Copy says "Charges", while the 2021 updated terms and conditions has Section X showing the "Refunds" process.

In a nutshell, none of the Xa-Xc fees clauses in my Yellow Copy are shown on any paperwork supplied by M&S Bank. Niddy picked up on this back in 2021 and deemed it unenforceable, albeit something that could be rectified.

Any advice welcomed.

Cheers,

K91
PS: I've removed the relevant Section number above and replaced it with X out of caution.

[Still Waving]

Hi all,

Have updated my entry for Debt No. 4 to reflect its recent sale to Lowell.

Given their reputation and my experience with them on another debt, I'm gonna assume they're going to be a lot more proactive/aggressive than other DCAs that M&S engaged, especially as they're the actual owner.

Will start to get all my paperwork in order in readiness for the Overdales correspondence further down the line.

This was/is the only debt I've never been offered a discount on, so a decent settlement figure might tempt me, but I really need to scrutinise all the correspondence as M&S seemed to be quite hot on keeping all the old papers in order.

That said, Niddy flagged a couple of things wrong with the CCA so, again, I'll dig everything out and review.

DEBT NO 4:

Type: M&S Credit Card

Date Commenced: November 2007

Current Balance: £2,000

Default Date: July 2010

Last Paid: March 2021

Status: Small monthly payments via DMP since late 2010

Owner: Lowell from April 2023 (M&S was previous owner)

February 2021 - CCA request sent recorded delivery with £1 postal order

March 2021 - Letter received with copies of the original credit agreement that matches the original paperwork in my possession, so appears enforceable.

6 June 2021 - CCA sent to Niddy for checking.

9 June 2021 - Niddy deems M&S CCA unenforceable for now, but issue could be resolved.

April 2023 - Debt has been sold to Lowell.

Yep, research and preparation essential to know how you stand.

[Kenny91]

Hi all,

Have updated my entry for Debt No. 4 to reflect its recent sale to Lowell.

Given their reputation and my experience with them on another debt, I'm gonna assume they're going to be a lot more proactive/aggressive than other DCAs that M&S engaged, especially as they're the actual owner.

Will start to get all my paperwork in order in readiness for the Overdales correspondence further down the line.

This was/is the only debt I've never been offered a discount on, so a decent settlement figure might tempt me, but I really need to scrutinise all the correspondence as M&S seemed to be quite hot on keeping all the old papers in order.

That said, Niddy flagged a couple of things wrong with the CCA so, again, I'll dig everything out and review.

DEBT NO 4:

Type: M&S Credit Card

Date Commenced: November 2007

Current Balance: £2,000

Default Date: July 2010

Last Paid: March 2021

Status: Small monthly payments via DMP since late 2010

Owner: Lowell from April 2023 (M&S was previous owner)

February 2021 - CCA request sent recorded delivery with £1 postal order

March 2021 - Letter received with copies of the original credit agreement that matches the original paperwork in my possession, so appears enforceable.

6 June 2021 - CCA sent to Niddy for checking.

9 June 2021 - Niddy deems M&S CCA unenforceable for now, but issue could be resolved.

April 2023 - Debt has been sold to Lowell.

[Roger]

Thanks, Roger. StepChange's SAR was actually useless in the end as it just showed my payment history for the requested debts. A few letters have arrived directly at my new abode from various creditors - rather than through mail redirection - so am just biding my time to see their next step.

K91

Just watch carefully! DCA's have been known to sneak a Claim at an Old address knowing you have moved!
So sit on your hands, watch and make notes! StepChange should show to whom they were paying and obviously whether the these had changed over time!

[Kenny91]

These are the DCA's at the Collection level! Not necessarily the Assigned Companies! Dig into the data to see if there are references to the Assigned Companies!

Thanks, Roger. StepChange's SAR was actually useless in the end as it just showed my payment history for the requested debts. A few letters have arrived directly at my new abode from various creditors - rather than through mail redirection - so am just biding my time to see their next step.

K91

[Kenny91]

that’s brilliant thank you for letting me know! And glad it is all sorted and you have your mortgage!

my bank statements are clear of any payments to PRA for over 2 years too. The default only dropped off recently. Could I ask how long did you apply for your AIP/DIP with broker after the defaults dropped from your credit file? I ask as I’m just a little worried some lenders may see old info so just trying to wait a few months before my application.

My defaults are years old - they all vanished back in 2016-2017. Our broker only ever asked for last three months' bank statements.

[Summerbee103]

Hi Summerbee103,

No. We used an excellent broker (after several attempts to find a decent one) and my recollection is he asked if we were CURRENTLY in a DMP or had any CCJs.

I ditched Stepchange two years ago and have no CCJs. TBH, if it's not showing on your credit file and your bank statements don't show payments to DCAs etc, then I'd keep quiet. The less they know the better.

I made sure we kept our bank statements clean of any non-essential spending in the three months up to the application, but they still queried the odd £10-20 spend on lottery tickets via Camelot website.

K91

that’s brilliant thank you for letting me know! And glad it is all sorted and you have your mortgage!

my bank statements are clear of any payments to PRA for over 2 years too. The default only dropped off recently. Could I ask how long did you apply for your AIP/DIP with broker after the defaults dropped from your credit file? I ask as I’m just a little worried some lenders may see old info so just trying to wait a few months before my application.

[Roger]

Hi all,

Have received the first batch of info under my SAR to Stepchange, mainly all the historical payment data for various debts over many years.

It's a bit of a jumble TBH, and I need to sit down and work my way through it all over the next few day/weeks, but would any of the following names likely cause any potential legal action against me to be derailed due to assignment problems/non-compliance etc?

1. Rockwell Debt Collection Agency
2. Roxburghe Debt Recovery (Google tells me they went bust 10+ years ago, shame!)
3. Sigma Connected Holdings Limited
4. Compello Group
5. Allied International Credit (UK) Ltd
6. Fredrickson International Limited - Capital One
7. Wescot Credit Services - Non-Billed Debts (That last bit might just be Stepchange's reference for them...)
8. Capquest Debt Recovery

I need to work out what name has handled what debt, so will update as and when I get the rest of the info.

Again, this is just a pre-emptive move by moi now my mortgage is showing on my credit report.

Thanks,

K91

These are the DCA's at the Collection level! Not necessarily the Assigned Companies! Dig into the data to see if there are references to the Assigned Companies!

[Kenny91]

Hi all,

Have received the first batch of info under my SAR to Stepchange, mainly all the historical payment data for various debts over many years.

It's a bit of a jumble TBH, and I need to sit down and work my way through it all over the next few day/weeks, but would any of the following names likely cause any potential legal action against me to be derailed due to assignment problems/non-compliance etc?

1. Rockwell Debt Collection Agency
2. Roxburghe Debt Recovery (Google tells me they went bust 10+ years ago, shame!)
3. Sigma Connected Holdings Limited
4. Compello Group
5. Allied International Credit (UK) Ltd
6. Fredrickson International Limited - Capital One
7. Wescot Credit Services - Non-Billed Debts (That last bit might just be Stepchange's reference for them...)
8. Capquest Debt Recovery

I need to work out what name has handled what debt, so will update as and when I get the rest of the info.

Again, this is just a pre-emptive move by moi now my mortgage is showing on my credit report.

Thanks,

K91

[Pat]

It might be that firms keep records of you long after any account has fallen off your credit file. I cannot get a card with Halifax even 10 years or more since debts became SB and my mortgage was paid off

[Kenny91]

Hi Summerbee103,

No. We used an excellent broker (after several attempts to find a decent one) and my recollection is he asked if we were CURRENTLY in a DMP or had any CCJs.

I ditched Stepchange two years ago and have no CCJs. TBH, if it's not showing on your credit file and your bank statements don't show payments to DCAs etc, then I'd keep quiet. The less they know the better.

I made sure we kept our bank statements clean of any non-essential spending in the three months up to the application, but they still queried the odd £10-20 spend on lottery tickets via Camelot website.

K91

[Summerbee103]

Hi Kenny, I hope you are well!

could I just ask, did you need to declare any unenforceable debts to the mortgage advisor when you sorted your mortgage? I have one no longer on my credit file and think it’s going to be deemed unenforceable, so hoping I don’t have to mention this and just avoid the lender in question. Many thanks!

[Kenny91]

Hi all - and Happy 2023!

Now my first (and only) mortgage is showing on my credit report I expect an uptick in collections activity and attempts as I approach the third of a way milestone in the SB adventure.

As such, I recently sent a SAR to Stepchange and specified I want a record of all the correspondence they hold relating to my debts and creditor assignments etc. I'm due a response by mid-February.

Also, one of the larger debts - which is unenforceable due to lack of CCA - was in late 2022 passed to what looks like - on Google at least - a small collections outfit who can be particularly aggressive.

Whether the creditor has tossed them the bone as they know its unenforceable I can only guess. They don't have my new address or contact details - am using mail redirection for the next year.

As I don't wish to be identified by said creditor or collector, I'm not sharing any details of that development on this public forum. Sorry.

K91

[Kenny91]

I think interestingly, and based on reading across the internet, Capital One have not always been able to produce proper Default Notices, you know, the ones that are complaint with S87(1). Have you sent a SAR to Cap 1 ? This might show if one was sent and importantly what was on it.

Lovely letter from Overdales today to say Capital One has been unable to even find my Default Notice and they're now sending the account back to Lowell.

Interestingly, the "Amount Due" box on said letter shows £0.00.

I assume Lowell will continue to contact me and/or sell the debt on to some other leech, but it's looking good!

K91

[Kenny91]

Quick question, could anyone point me in the direction of a change of address template that I can send creditors without restarting the SB clock?

Am sure I saw one referenced on a thread many moons ago, but can't see it in the Templates menu.

I'll be redirecting mail for 6-12 months anyway, but want to cover all bases as some of my creditors may well do the dirty and try and get a CCJ on the quiet by sending to my soon to be former address.

Thanks,

K91