Kenny91's Debt Diary

[Roger]

There are statutary requirements for the Legal Owner of the Debt to fulfil under the Consumer Credit Act.
But ".. Arrow Global Guernsey don't have the necessary jurisdiction to take legal action .."
You mention selling the debt onwards. Well their Assignment is flawed isn't it ! Because of this flaw they can't remedy this in a Sale. The Assignment chain will always be defective! Once a turd always a turd

[Kenny91]

DEBT NO 6:

Type: Capital One Credit Card

Date Commenced: August 2009

Current Balance: £1,000

Default Date: July 2010

Last Paid: March 2021

Status: Small monthly payments via DMP since late 2010

Owner: Lowell

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

March 2021 - Letter received with copies of the original credit agreement that features my autograph, so appears enforceable - although my address has the word “Flat” prior to the number. In addition, the credit agreement they sent says “Please turn over” at the bottom of Section 1 of the Terms and Conditions, but no other pages or sections of said agreement were sent, just statements of all the transactions since account was opened.
Please now ignore the PTO comment as it was on a random piece of paper they sent in the same pile of papers.

6 June 2021 - CCA sent to Niddy for checking.

8 June 2021 - Niddy says it appears EN at first glance, which is a shame, but not too low a blow given I've received several F&F settlement offers from Lowell with a 40% discount. Will continue to halt payments in the meantime and see if that leads to anything....

29 July 2022 - Lowell has passed debt to Overdales Solicitors (their in-house legals I think) and listed about £300 of legal fees/costs should a CCJ be applied for.

1 September 2022 - Letter of Claim received.

Quick update,

I requested various bits of paperwork after returning the Letter of Claim.

The only document that has yet to arrive is an important one - the default notice (DN).

Overdales say they have requested the DN from Capital One so let's see if it turns up.

I would have thought they'd have this to hand already, but don't want to get my hopes up that there's a missing piece just yet.

K91

[Still Waving]

Quick update,

I requested various bits of paperwork after returning the Letter of Claim.

The only document that has yet to arrive is an important one - the default notice (DN).

Overdales say they have requested the DN from Capital One so let's see if it turns up.

I would have thought they'd have this to hand already, but don't want to get my hopes up that there's a missing piece just yet.

K91

Were you advised on this by Colin at JCS?

[Kenny91]

Were you advised on this by Colin at JCS?

No. Given the size of the debt relative to my others, I'd like to save my free discussion with JCS for another time.

I read several other threads to acclimatise myself for what's involved.

I do have a slight ace up my sleeve on this one, will reveal all in due course.

K91

[Roger]

No. Given the size of the debt relative to my others, I'd like to save my free discussion with JCS for another time.

I read several other threads to acclimatise myself for what's involved.

I do have a slight ace up my sleeve on this one, will reveal all in due course.

K91

The initial discussion with JCS I gave always thought was on a per CASE basis that is the first discussion in each CASE being free!
It would be prudent to contact them over this CASE!

[Pat]

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.

[Roger]

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.

I think talking to JCS would be a good idea
Colin G Quinn

[Gerry Jemitus]

Just to clarify, there is no charge to discuss a case with Joanna Connolly Solicitors - and this is not limited to one call.

[Spud]

Kenny

If there is one thing that I would urge you to do, As a priority, Is to speak with the team at Joanna Connolly Solicitors before you do anything. I would advise you not to be communicating with any debt companies or their solicitors until you have spoken to JCS as a small slip can cost a case

Its not a case of using up your chances or it only being a small debt and you are worried about costs etc etc or anything similar, It most certainly does not work like that

They will be happy to hear from you and advise you of your options etc. They will not charge you for initial advice so you have nothing to lose

They have helped myself and many other members here for a number of years, You can trust their service and come with many recommendations from members here

We want you to be in the best position if they start to ramp up the pressure

[Kenny91]

Kenny

If there is one thing that I would urge you to do, As a priority, Is to speak with the team at Joanna Connolly Solicitors before you do anything. I would advise you not to be communicating with any debt companies or their solicitors until you have spoken to JCS as a small slip can cost a case

Its not a case of using up your chances or it only being a small debt and you are worried about costs etc etc or anything similar, It most certainly does not work like that

They will be happy to hear from you and advise you of your options etc. They will not charge you for initial advice so you have nothing to lose

They have helped myself and many other members here for a number of years, You can trust their service and come with many recommendations from members here

We want you to be in the best position if they start to ramp up the pressure

Thanks for the advice from Spud and other regulars in response to my last message. I'll give JCS a call in the near future and take it from there. Have had no DN yet, but given all the postal strikes, it could turn up any time, or never.

K91

[Timewilltell]

Even if they do present one be sure to check it’s credentials, just because they send it doesn’t mean it’s correct.

[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

[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]

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

[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!