UE Journey

[Tommy_the_cat]

Name	Shawbrook
Type of Account	Loan
Date Commenced	July 2018
Date Defaulted	May 2019
Approx Balance	£23,000
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 £600
5. 14 May 21 - Offer Rejected and counter made of £18k

Can anyone help me understand why Cabot are not contacting me at all? I know that they have said that the account is unenforceable, but as I haven't paid them a penny for over three months, I would expect them to be calling me incessantly, or at least sending me threatening letters. But nothing. The same for the other Cabot account, and the PRA one. Silence. Very disconcerting.

[Tommy_the_cat]

So your account has defaulted- did they send you a S87 default notice? If not will they never learn

I think I had something similar just before they sold my account to Lowell

Sorry I am repeating myself but I do wonder if they haven't actually sent the S87 DN

As you have said before, I guess I wait until it's been sold on, and then send the SAR request to C1.

[Warwick65]

Following my CCA request, I would say that C1 are about to sell my debt on. What do you think?

So your account has defaulted- did they send you a S87 default notice? If not will they never learn

I think I had something similar just before they sold my account to Lowell

Sorry I am repeating myself but I do wonder if they haven't actually sent the S87 DN

[Tommy_the_cat]

Name	Capital 1
Type of Account	Credit Card
Date Commenced	June 2006
Date Defaulted	May 2019
Approx Balance	£7,000
Account Owner	Capital 1
Arrangement/Not paying	Arrangement in Place
Last Date paid	May 2021

1. Payment plan agreed with C1 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. 16 June 2021 - Email Received. It seems to be a generic email and I assume as an immediate and automated reaction to my CCA request. "An update on your account....". "Your account has defaulted, so no interest or fees are being applied. Please continue to make any payments you can afford to reduce your balance...". "Your account could be sold to a company who specialise in working with customers who've defaulted....".

Following my CCA request, I would say that C1 are about to sell my debt on. What do you think?

[Warwick65]

You could ask but I wouldn’t. Don’t worry we’ve all been there .

I imagine at some point they will sell it on, then you could send a SAR to Cap 1 . The comms log would then show what was sent ( or should).

[Tommy_the_cat]

I would think Cap 1 would have the cca but you never know - however you say the account is defaulted- did they send a compliant S87(1) DN? I ask because I had a debt with Capital One and was in an arrangement and although they defaulted me on the credit file , I was never sent a proper DN- and what's more Lowell (who they sold it to) were unable to produce or even produce a true and accurate copy.

Hi Warwick65. I'm ashamed to say that I don't have any of the paperwork from when my accounts first defaulted (mainly due to me firmly burying my head in the sand, and also hiding stuff from my partner), so I have no idea if they sent the correct default notice - can I request a copy of that when I ask for the CCA?

[Warwick65]

Name	Capital 1
Type of Account	Credit Card
Date Commenced	June 2006
Date Defaulted	May 2019
Approx Balance	£7,000
Account Owner	Capital 1
Arrangement/Not paying	Arrangement in Place
Last Date paid	May 2021

1. Payment plan agreed with C1 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

I would think Cap 1 would have the cca but you never know - however you say the account is defaulted- did they send a compliant S87(1) DN? I ask because I had a debt with Capital One and was in an arrangement and although they defaulted me on the credit file , I was never sent a proper DN- and what's more Lowell (who they sold it to) were unable to produce or even produce a true and accurate copy.

[Tommy_the_cat]

Hi CA71. I assume that either a) they still hope that they will manage to get their hands on the docs, or b) they are just trying to put the "willies up me" in hope I'll just pay. Until they forward me the enforceable docs I shall do nothing more. I did not use the AAD template as I am new to this forum, but I used the National Debtline vesion.

[ca71]

Name	Barclaycard
Type of Account	Credit Card
Date Commenced	January 2014
Date Defaulted	September 2018
Approx Balance	£3,200
Account Owner	PRA
Arrangement/Not paying	Not paying
Last Date paid	March 2021

1. Early Feb 21 - CCA request sent to PRA
2. 22 Feb 21 - Response from PRA - More time needed to provide.
3. 25 Mar 21 - Response from PRA - Debt Unenforceable
4. 08 Jun 21 - I made a F&F offer of £250
5. 09 Jun 21 Offer rejected and counter offer of £2.9k

If the debt is unenforceable then I cannot understand PRA's logic. Surely get something rather than nothing at all.

When you made the F&F offer, did you use the template from AAD?

[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

[Tommy_the_cat]

Name	Halifax
Type of Account	Credit Card
Date Commenced	January 2016
Date Defaulted	January 2019
Approx Balance	£6,500
Account Owner	Halifax/Wescot
Arrangement/Not paying	Arrangement in Place
Last Date paid	May 2021

1. Payment plan agreed with Westcot 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. 21 June 2021 - Response from Wescot - "We refer to your recent communication requesting a copy of the credit agreement. This request has been noted and we will be in touch in due course. We can confirm the account has been placed on hold while we look into your request".
5. 28 June 2021 - Letter from Wescot - "....thanks for your patience....your account remains on hold....we will be in touch in due course..."
6. 06 July 2021 - CCA response from Wescot. Sent to Niddy for review.
7. 06 July 2021 - Niddy considers this to be enforceable.
8. 27 Oct 2021 - Letter received from Halifax - "As we haven't been able to agree a suitable repayment plan we've transferred your account to a debt collection agency, Credit Security Limited".
9. 31 Mar 2022 - Letter received from Credit Security - "....unless we hear from you within 10 days your account will be returned to our Client for further recovery action...."
10. 05 Oct 2023 - Letter received from Halifax - "Your account has been repaid in full and no further payments are due. We've closed your account and will notify the credit reference agencies....."

[Tommy_the_cat]

Name	Capital 1
Type of Account	Credit Card
Date Commenced	June 2006
Date Defaulted	May 2019
Approx Balance	£7,000
Account Owner	Capital 1
Arrangement/Not paying	Not paying
Last Date paid	May 2021

1. Payment plan agreed with C1 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. 16 June 2021 - Email Received. It seems to be a generic email and I assume as an immediate and automated reaction to my CCA request. "An update on your account....". "Your account has defaulted, so no interest or fees are being applied. Please continue to make any payments you can afford to reduce your balance...". "Your account could be sold to a company who specialise in working with customers who've defaulted....".
5. 15 Oct 2021 - This account has been removed from Experian and Equifax reports. I'm not sure why.
6. 18 Oct 2021 - SMS received this morning from Lowell. Asking for me to contact them to set up a payment plan. No action made so far.
7. 20 Oct 2021 - Letter received from Lowell and Capital1 explaining that the account has been sold and that I should now make payments direct to Lowell. DD to C1 cancelled and no further action taken - I am waiting for Lowell's next step
8. 07 Jun 2022 - Letter received from Lowell. "Assessing you for legal action.... You haven't contacted us to set up affordable repayments on your outstanding accout... blah blah..." Seemingly nothing concrete in here. Ignored.
9. 29 Sep 2022 - Letter from Overdales Solicitors - WE have been instructed to recover the outstanding balance.... WE will initiate legal proceedings against you unless.... blah
10. 13 Oct 2022 - Letter of Claim received from Overdales.

[Tommy_the_cat]

Name	Tesco
Type of Account	Credit Card
Date Commenced	July 2005
Date Defaulted	December 2018
Approx Balance	£8,500
Account Owner	Intrum
Arrangement/Not paying	Not paying
Last Date paid	May 2021

1. Early Feb - CCA request sent to Intrum
2. 09 Mar 21 - Response from Intrum with a stack of papers, including the credit agreement
3. Send to Niddy for review - Considers it to be unenforceable
4. 14 Jun 21 - DD cancelled
5. 24 Jun 21 - Letter received from Intrum. "Please get in touch to talk about your outstanding balance....". Ignored.
6. 16 Jul 21 - Letter received from Intrum. "We may take legal action if you don't get in touch....." Ignored
7. 26 Jul 21 - Letter received from Intrum. "We're thinking of taking you to court. We don't want to. But, if you don't get in touch soon, we'll pass your account to our legal team. They'll consider applying for a CCJ, which could make it harder for you to borrow money in the future. They may also add court fees of £410 and solicitors costs of £100 to your balance....... Get in touch in the next 10 days...."
8. 06 Aug 21 - Letter received from Intrum. "Would you like a discount? We want to help you pay tour debt without taking you to court..... So, if you get in touch within 10 days We'll give you a discount on the amount you owe....."
9. 13 Aug 21 - Letter received from Intrum. "We're getting ready for legal action. We're planning to hand your account over to our legal team on 19/08/21. They may apply for a CCJ to demand you repay the money by a certain date....... We'd like to help you..... If you get in touch before 19/08/21, we'll try to work out a repayment plan that helps you avoid legal action".
10. 17 Aug 21 - Letter received from Intrum. "Introducing our legal team. We're now in charge of getting a CCJ issued against you, to demand you pay the money back.... Get in touch within 10 days or we'll pass your account to our solicitors... They'll write to you explaining what you owe and giving you a last chance to pay. If you don't pay, they may apply for a CCJ.... We can still help.... Call us on.... "
11. 10 Sep 21 - Letter received from Lester Aldridge. LETTER OF CLAIM.
12. 22 Feb 22 - Letter received from Lester Aldridge. "In the event you fail to make payment of the outstanding sum with 14 days, we may be instructed by our client to issue court proceedings for £x,xxx together with a claim for court fees. If you allow court proceedings to be commenced, our client may obtain judgement against you..."
13. 09 Mar 22 - County Court Claim letter received. Email sent to Colin of JCS
14. 27 Sep 22 - Lester Aldridge/Intrum decided to discontinue (Court date was set for 07 October)

[Tommy_the_cat]

Name	Barclaycard
Type of Account	Credit Card
Date Commenced	January 2014
Date Defaulted	September 2018
Approx Balance	£3,200
Account Owner	PRA
Arrangement/Not paying	Not paying
Last Date paid	March 2021

1. Early Feb 21 - CCA request sent to PRA
2. 22 Feb 21 - Response from PRA - More time needed to provide.
3. 25 Mar 21 - Response from PRA - Debt Unenforceable
4. 08 Jun 21 - I made a F&F offer of £250
5. 09 Jun 21 Offer rejected and counter offer of £2.9k
6. 15 Feb 22 - package from PRA including reconstituted copy of the credit agreement and T&Cs. Will check with Niddy for enforceability
7. 15 Feb 22 - Sent to Niddy to review and it is considered unenforceable
8. 31 Mar 22 - Letter from PRA.... "We're here to help"... blah blah

[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
9. 26 Jan 23 - F&F settlement paid to Cabot by telephone
10. 27 Jan 23 - This account is now closed and the balance is zero - checked on the Cabot app. Now awaiting the update of my credit report
11. 09 Feb 23 - Experian report now showing £0 balance and "satisfied"