UE Journey

[Tommy_the_cat]

Di tells you the reason here
"..
I'll probably suggest you send a Subject Access Request (GDPR) to Shawbrook in case that sheds any light on the history. And there might also be something interesting in the Communications Log about their interaction with Cabot. Don't do that until things become clearer.
.."
No two debt Cases are the same!

Di has raised perfectly sensible and reasonable thoughts and questions about how this debt came into existence.

I explain there is cap to the amount covered by the Consumer Credit Act. This is on the face of it a £25,000 Unsecured Loan.
This raises perfectly reasonable questions that are perhaps more applicable to Shawbrook than to you.

We daily see banking scams.
These are not a new feature and Banks are bound by checks and constraints in their relationship to both customers(you) and the banking regulators.
£25,000 on a Unsecured Debt is not something you would expect to be agreed without proper and reasonable checks and constraints.

Thanks Roger. This is clearer now. I am sitting on my hands for now and waiting for their next move. I'll post when I hear from them and ask for advice on my next move.

[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.

Good afternoon All.
As you can see from above, this one has returned the CCA and Niddy considers it to be enforceable. What is the standard AAD response to an enforceable CCA? Do I restart the payment arrangement, or do I sit on my hands and wait for the DCA to push for payment?

Thanks
TTC

[Tommy_the_cat]

Good afternoon All.
As you can see from above, this one has returned the CCA and Niddy considers it to be enforceable. What is the standard AAD response to an enforceable CCA? Do I restart the payment arrangement, or do I sit on my hands and wait for the DCA to push for payment?

Thanks
TTC

Any help on my next move would be much appreciated. Thanks Guys.

[Roger]

AAD response to CCA docs recieved ?
Silence wait and see what they do next!

[Tommy_the_cat]

AAD response to CCA docs recieved ?
Silence wait and see what they do next!

Thanks, Roger. Whilst it feels quite unnatural to do nothing on this one, I will indeed wait for their next move. I'll post back here when I get a nudge from them.

[PlanB]

this one has returned the CCA and Niddy considers it to be enforceable. What is the standard AAD response to an enforceable CCA? Do I restart the payment arrangement, or do I sit on my hands and wait for the DCA to push for payment?

I agree with Roger - wait to see what they do next.

Even if the credit agreement is enforceable that doesn't necessarily mean it's game over, especially if they assign/sell the account to a debt purchaser who may not be FCA authorised etc.

Di

[Tommy_the_cat]

I agree with Roger - wait to see what they do next.

Even if the credit agreement is enforceable that doesn't necessarily mean it's game over, especially if they assign/sell the account to a debt purchaser who may not be FCA authorised etc.

Di

Thanks, Di. You guys are a great comfort in this challenging process.

[Warwick65]

I had several 'enforceable' CCA requests and all but one just vanished into statute barred land. The other was defeated because of no default notice . There is a lot more to unenforceability than just the agreement. One of those was £15034 and the last letter I received a couple of years ago offered my a 90% discount . I ignored it and took the 100% discount. That is a lot of vodka

[DNW]

Thanks, Roger. Whilst it feels quite unnatural to do nothing on this one, I will indeed wait for their next move. I'll post back here when I get a nudge from them.

The waiting to reply (ie. waiting for their next move) is something I found really difficult for a very long time, but the quicker you respond to them - the quicker they in turn respond. However if you're playing the long game of hoping to reach Statue Barred, the delays do work in your favour. In my experience, the main exceptions to this are things such as Letter Before Actions (dependant upon advice at the time) and Court Claims which must be responded to by dates set out - although as near to the date as possible, rather than a couple of weeks in advance.

It is really hard sitting on your hands when it feels unnatural (and almost impolite) to delay responding... but creditors really don't have any manners - or care about yours!

[Timewilltell]

I can concur with the advice given, the odd thing here is, who said it was normal to respond in the first place? We are conditioned to respond if we want to give information or if we have a question, however what we learn here is that we needn’t give any information as it is their job to get the information-they’ve owned it , bought it or are chasing it, they shouldn’t need our input. Secondly we have no questions to ask other than prove it, you can only ask that once?
so to conclude to do nothing is good for you, your health both physical and mental will improve once you become accustomed to doing nothing - please do not apply this logic to all situations in your life!

[Roger]

Something that AAD taught me!

Asking is one thing PROVING something else! Its for the Claimant to PROVE in LAW their Claim!

This is why we sit on Our hands and SILENCE.

But at the same time take control of your own Money and this is where a good Diary is so valuable.
Read the AAD diaries, Learn and make notes (for your own records)!

[Tommy_the_cat]

The waiting to reply (ie. waiting for their next move) is something I found really difficult for a very long time, but the quicker you respond to them - the quicker they in turn respond. However if you're playing the long game of hoping to reach Statue Barred, the delays do work in your favour. In my experience, the main exceptions to this are things such as Letter Before Actions (dependant upon advice at the time) and Court Claims which must be responded to by dates set out - although as near to the date as possible, rather than a couple of weeks in advance.

It is really hard sitting on your hands when it feels unnatural (and almost impolite) to delay responding... but creditors really don't have any manners - or care about yours!

I guess as I'm new to this I don't know what to expect and that's the hardest part. I have visions of me not responding immediately to a letter, and then the following week being thrown into debtors prison, eating stale bread and water for 10 years. I think the real worry is somehow missing a letter somewhere and getting a CCJ without realising. That terrifies me.

[Tommy_the_cat]

I can concur with the advice given, the odd thing here is, who said it was normal to respond in the first place? We are conditioned to respond if we want to give information or if we have a question, however what we learn here is that we needn’t give any information as it is their job to get the information-they’ve owned it , bought it or are chasing it, they shouldn’t need our input. Secondly we have no questions to ask other than prove it, you can only ask that once?
so to conclude to do nothing is good for you, your health both physical and mental will improve once you become accustomed to doing nothing - please do not apply this logic to all situations in your life!

Thanks for the advice. Doing nothing is really not in my nature as I'm usually in control of most aspects of my life. But, I'm learning from you guys.

[PlanB]

Doing nothing is really not in my nature as I'm usually in control of most aspects of my life.

Sometimes, and this may be one of them, 'doing nothing' is placing you in control of your life instead of them controlling you

Di

[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

New letter received from Intrum today. Ignored