Kenny91's Debt Diary

[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]

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

[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

[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.

[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

[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]

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!

[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

[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]

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

[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

[Timewilltell]

To put it in perspective, there is a chain of events that must occur through the life of an agreement, these events are statutory and therefore a legal requirement, whether this be statutory notices or correct legal assignment.
now given that most Debt purchasers are issued minimum documentation on purchase, if any, then they are already on a back footing and without the correct paperwork to start with then production of it thereafter must be difficult for them to say the least, this is without what they are required to do under law of assignment.
so if one fails to comply then sells to next one the new owners are doubly up against it as now they have no idea what has or hasn’t been issued?
hence why we advise for Silence, let them make their mistakes unaided, you only need to expose them when the time is right.

[Roger]

Well AGGL's problem is set out here in Niddy's comments.
".. 9 June 2021 - Niddy deems the CCA enforceable, unfortunately; but suggests there could be other issues associated with that debt, not to mention the fact that Arrow Global Guernsey don't have the necessary jurisdiction to take legal action - but that doesn't mean they won't try. .."

[Kenny91]

Hi all,

Quick question as sorting out mounds of paperwork (largest debt to smallest, so yet to reach Lowell's bits and pieces), but I've come across a letter and account statement from a few years ago from Arrow Global Guernsey Limited (AGGL) that is headed "Remediation of Account".

The letter (which involves Debt No 1 of my Diary) states following an internal review they failed to provide statutory notices concerning regular statements for a 6+ year period and are now playing catch-up. (Note, no interest or charges were ever applied to the account since it was assigned to them a decade ago).

I know AGGL can't take legal action, but if they were to sell the debt on at some point and the new owner starts cage rattling, would AGGL's failure to provide the statutory notices count in my favour, even though their letter claims their subsequent actions have rectified their errors?

Thanks,

K91

[Kenny91]

Thanks both,

I'll contact Colin at the start of next week and discuss the best way to proceed.

I need to dig out some paperwork first so will spend time over the weekend on that.

I found some paperwork last night and can see the account was only passed to Lowell a few years ago by Cap 1 so any assignment chain is likely to be short.

Will update once I've spoken to Colin.

K91