UE Journey

[Colin G Quinn]

Hi,

I'm not saying this is 100% the case with this creditor or its solicitors; however, in collections, whereby a firm is trying to collect in respect of many many hundreds and thousands of accounts, systems are often set up to place accounts in an automated process.

In other words, an individual may not have made a conscious decision to draft and post that letter to you, it may be that the system is set up to recognise no payments are being made and to therefore automatically issue periodic correspondence, either until that process is exhausted or a payment arrangement overrides the process.

As I say, I'm not saying that is definitely the case here, but I'd say its safe to assume it is highly likely. In effect its a cheap method of attempted collections as no one has to personally review a file etc.

[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

Hi everyone. Received an official County Court claim letter today. Have emailed Colin of JCS to see the options for the 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.
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...."

Hi Guys... Letter received from Credit Security. Ignored.

[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....".
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 account... blah blah..." Seemingly nothing concrete in here. Ignored.

Hello Everyone. Letter received from Lowell this morning. Seems to be a standard begging letter with no real substance. Ignored

[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)

Hi Everyone.
I've not updated my file for a long time (as not much as been happening). Good news today as Intrum has discontinued proceedings against me on this case. I'm overjoyed and very grateful to Colin and all those at JCS!

Question: Will this balance now be marked as "settled" on my credit file?

Thanks All!

[Still Waving]

Question: Will this balance now be marked as "settled" on my credit file?

Thanks All!

I would doubt it. They decided not to proceed with the case, but there has been no judgment against them, and the debt is still outstanding.

[ca71]

I would doubt it. They decided not to proceed with the case, but there has been no judgment against them, and the debt is still outstanding.

Alleged debt surely.

[The Tech Clerk]

Alleged debt surely.

Possible? ?? maybe ???? think might be????? they say???? record payments etc????? wording = we know what the posting meant!

[ca71]

Possible? ?? maybe ???? think might be????? they say???? record payments etc????? wording = we know what the posting meant!

I was just flagging that a statement that says the debt is still outstanding might not be helpful to the OP when they've just been made aware that the case has been discontinued - It could be a bit of a mixed message.

[Still Waving]

I was just flagging that a statement that says the debt is still outstanding might not be helpful to the OP when they've just been made aware that the case has been discontinued - It could be a bit of a mixed message.

ALLEGED - We're all barrack room lawyers here (apart from the real ones). No mixed message. Why would the account be marked as 'settled'?

[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

Hello All.

Letter received this morning from Overdales Solicitors. They have been instructed by Lowell Portfolio. Ignored.

[Timewilltell]

That’s nice!! They’ve got the solicitors involved!

[Roger]

"..
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
.."
So they never sent you either an acknowledgement nor a CCA?
In the past we would have sent a sold whilst in dispute, because off course Lowell won't know anything about the CCA request!
Now might be the time to send a SAR to C1 to see what C1 have or don't have on record!!!
This background information could be very helpful depending on what Overdales does next!

[The Tech Clerk]

Name & address date
Their name address



Dear Sirs,

Reference: A/C:-

Subject access requests under Article 15 of the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) or (if adapted) under the DPA 2018 for personal data not covered by the UK GDPR.


Subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.

Please supply me with a copy of all information your company holds on me including

A list of accounts and details of payments along with copies of statements.

Under the Data Protection Act 1984 and 1998, DPA2018., and including the right of Enter Date:-

To include any manual intervention (no crossing out (original)).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. .

You have 30 days in which to comply.

Yours faithfully,


send get free proof posting from post office and keep copy on file date order update diaries no charge for this. to capitol 1

[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.

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