UE Journey

[ca71]

Good Morning. So, letter of claim received this morning. Please remind me of the action that I need to take at this point. Thanks

Speak to JCS.

[Still Waving]

Good Morning. So, letter of claim received this morning. Please remind me of the action that I need to take at this point. Thanks

Did you send a SAR to Cap1, as suggested last month, and copying the letter provided above?

[Tommy_the_cat]

Did you send a SAR to Cap1, as suggested last month, and copying the letter provided above?

I will do that now

[Still Waving]

"15 Oct 2021 - This account has been removed from Experian and Equifax reports. I'm not sure why."

Does this account still not show on those reports? This could be a pertinent issue, in view of some circumstances which were discussed recently on another thread, as it seems they disappeared following your CCA request. I assume that you still haven't received a formal response specifically referring to your CCA request?

[Still Waving]

I will do that now

A pity you didn't do it when advised. Crucial time wasted.

[Tommy_the_cat]

Name	Virgin
Type of Account	Credit Card
Date Commenced	March 2017
Date Defaulted	June 2019
Approx Balance	£10,000
Account Owner	Cabot
Arrangement/Not paying	Not paying
Last Date paid	March 2021

1. Early Feb - CCA Request sent to Cabot
2. 26 Feb 21 - Response from Cabot - Need 12 days
3. 11 Mar 21 - Response from Cabot - Still Processing (Account unenforceable)
4. 07 May 21 - I made a F&F offer of £400
5. 14 May 21 - Offer Rejected and counter made of £8k
6. 21 Jun 21 - Letter received from Cabot - "We haven't been able to obtain the information you requested from the original lender. If this information becomes available to us later, we'll complete your request and send you the relevant information. Until we can supply this, your account is unenforceable".
7. 29 Dec 22 - I made a F&F offer of £250.
8. 29 Dec 22 - Offer Accepted

Hello All.

Hope everyone had a good festive break. So, long time since I've been on here as things have been relatively quite recently. In an effort to "clean up" my credit file, I've broken a golden rule and made a F&F offer on an unenforceable debt. To my surprise, it was accepted. Although I've "wasted" £250, it's a relief to get some of this debt off of my record.

Thanks All

[Pat]

While it goes against the general advice on here, if it works for you then that is great news. Just make sure you hang onto all the letters etc for at least another 6 years- you know the full and final offer and their acceptance.

[Roger]

While it goes against the general advice on here, if it works for you then that is great news. Just make sure you hang onto all the letters etc for at least another 6 years- you know the full and final offer and their acceptance.

AAD isn't against F&F. Its your informed choice that matters because DCA's intent is to intimidate and pressurise you for as much as they can get.

Looking here
4. 07 May 21 - I made a F&F offer of £400
5. 14 May 21 - Offer Rejected and counter made of £8k
6. 21 Jun 21 - Letter received from Cabot - "We haven't been able to obtain the information you requested from the original lender. If this information becomes available to us later, we'll complete your request and send you the relevant information. Until we can supply this, your account is unenforceable".
7. 29 Dec 22 - I made a F&F offer of £250.
8. 29 Dec 22 - Offer Accepted

What has changed between May 21 and the 19 months to Dec 22
Well Jun 21 'unenforceable' by their own admittance'

[Tommy_the_cat]

AAD isn't against F&F. Its your informed choice that matters because DCA's intent is to intimidate and pressurise you for as much as they can get.

Looking here
4. 07 May 21 - I made a F&F offer of £400
5. 14 May 21 - Offer Rejected and counter made of £8k
6. 21 Jun 21 - Letter received from Cabot - "We haven't been able to obtain the information you requested from the original lender. If this information becomes available to us later, we'll complete your request and send you the relevant information. Until we can supply this, your account is unenforceable".
7. 29 Dec 22 - I made a F&F offer of £250.
8. 29 Dec 22 - Offer Accepted

What has changed between May 21 and the 19 months to Dec 22
Well Jun 21 'unenforceable' by their own admittance'

Hi Roger....

Yes, very true. By their own admittance, the debt is not recoverable. I guess that after seeing this 10k balance on my credit file for the last four years, it's a relief to get it "settled" for a small price. Also, I suppose that there is a very small chance that the documentation may have turned up one day thus making the debt enforceable again. Highly unlikely, I know. I do feel a small victory in this one.

[Roger]

Hi Roger....

Yes, very true. By their own admittance, the debt is not recoverable. I guess that after seeing this 10k balance on my credit file for the last four years, it's a relief to get it "settled" for a small price. Also, I suppose that there is a very small chance that the documentation may have turned up one day thus making the debt enforceable again. Highly unlikely, I know. I do feel a small victory in this one.

AAD isn't against F&F . A good diary is the starting point for good decisions and taking control of your own Debts.
Knowledge and understanding help you make your own choice. The Cabot group have potential authorisation issues (depends upon on whom in Cabot group of companies was assigned the debt)

For others on AAD before perhaps diving in with a F&F in your Case I would have suggested a SAR on Original Lender (Virgin) because this would have revealed any correspondence between Cabot and Virgin.
If the SAR revealed NO DATA this would have revealed what documentation VIRGIN held in Dec 2022.

Send a SAR would have been my advice if you had posted intent in DEC 2022..
Just make certain that everything is tied up. In the old days debts have been sold on after F&F to other chancers!

[Sparkles]

Always ask for advice before taking any action. Settling it for £250 is a good outcome, but if they'd rejected your offer you would have reset the statute barred clock.

[ca71]

Always ask for advice before taking any action. Settling it for £250 is a good outcome, but if they'd rejected your offer you would have reset the statute barred clock.

Does sending a F&F offer "Without Prejudice" still reset the state barred clock?

[Night Monkey]

Does sending a F&F offer "Without Prejudice" still reset the [SB] clock?

I'd be interested in seeing a form of words that would not reset the clock; it would take some careful wording to argue that a debt hadn't been acknowledged while offering to pay it.

I've had a rummage around the AAD+ templates and from what I can see the F&F ones explicitly acknowledge the debt.

Does anybody know any better?

[Roger]

I'd be interested in seeing a form of words that would not reset the clock; it would take some careful wording to argue that a debt hadn't been acknowledged while offering to pay it.

I've had a rummage around the AAD+ templates and from what I can see the F&F ones explicitly acknowledge the debt.

Does anybody know any better?

Well its UE and they shouldn't be reporting this with the CRA's

As Night Monkey points out hard to argue you've not acknowledged the debt when your offering to pay!

".. . 21 Jun 21 - Letter received from Cabot - "We haven't been able to obtain the information you requested from the original lender. If this information becomes available to us later, we'll complete your request and send you the relevant information. Until we can supply this, your account is unenforceable"

[Tommy_the_cat]

Name	M&S
Type of Account	Credit Card
Date Commenced	June 2017
Date Defaulted	April 2019
Approx Balance	£3,000
Account Owner	M&S
Arrangement/Not paying	Arrangement in Place
Last Date paid	May 2021

1. Payment plan agreed with M&S and ongoing
2. I was of the opinion that sending a CCA request for a debt not sold on would be fruitless, but Di suggest to do so anyway. To be sent this week
3. 15 June 2021 - CCA request sent
4. 09 Jan 2023 - Letter received from M&S to say that the account has been passed to Wescot

Letter received from M&S - account passed to Wescot.