UE Journey

[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".

Good morning, All.

Letter received from Halifax yesterday saying that they've transferred my account to Credit Security Limited. I will wait for contact from the DCA and then report back here. Thanks!

[Roger]

Personally, I would ignore the SMS, and if the letter arrives (which probably says much the same as the SMS) file it and await their next letter. No action by you at this stage re Lowell, but I still advise getting the Agreement checked by Niddy.

Now wait! Sit on your hands and see Who exactly WHO has purchased your Debt!
As Still Waving says get Niddy to check that Agreement!
The other thing is Snail Mail is written into the Consumer Credit Act 1974!
I don't know what and or how Capitol 1 have been communicating with you BUT emails and SMS are a No! No!
If you used email for the CCA request for instance or otherwise!
Details are important!
Everything from now ON Snail Mail! Send emails to SPAM same with SMS block them!

Do not assume anything especially as to what Lowell may or may not know!
Keep you Diary uptodate!

[Still Waving]

Personally, I would ignore the SMS, and if the letter arrives (which probably says much the same as the SMS) file it and await their next letter. No action by you at this stage re Lowell, but I still advise getting the Agreement checked by Niddy.

[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.

Good morning, Everyone. Update in the last few minutes. I've just received an SMS from Lowells stating that they had recently sent me a letter (I have not yet received any letter) and asking me to get in touch. Some questions:

1. Does anyone have any experience with Lowell?
2. What should my response be?

Thanks!

[Tommy_the_cat]

Hi

Two points - You say Cap1 did respond to your CCA request. Did they send a copy of your agreement? If so, did you have it checked for completeness and compliance with the regs? If you didn't, it would be worth emailing it to Niddy (webmaster@all-about-debt.co.uk) for his opinion as to whether it is enforceable. You will then have a better idea of where you stand legally.

Second, two other members have suggested cancelling your DD to see what reaction is from Cap1. I don't think you have much to lose by doing so, and you always have the option to restart it at a later date, if necessary.

Thanks. Capital 1 did indeed send through the agreement and other documents. This one I didn't send to Niddy yet but I will do in due course. DD now cancelled and I'm waiting for their next move.

[Tommy_the_cat]

Hi, if you do stop your DD, then for whatever reason wish to start repayments, or start new payments to a DCA, then make them Standing orders.
the company you are paying can change DD payments then tell you, Standing orders can only be changed by you. make sure you are in control of payments.

Thanks, Nightwatch. DD cancelled and your advice well noted!

[Tommy_the_cat]

Its actually better to deal with DCA's than the Original Creditor.
I would make a copy of the Credit Agencies entry (Screen Dump or using Snip) for your own records!
Then Cancel the Direct Debit WITHOUT REFERENCE TO CAPITOL 1 again keeping a Copy of your action for your own purposes.
Then see what happens!

Thanks, Roger. DD cancelled and I am now sitting on my hands!

[nightwatch]

Hi, if you do stop your DD, then for whatever reason wish to start repayments, or start new payments to a DCA, then make them Standing orders.
the company you are paying can change DD payments then tell you, Standing orders can only be changed by you. make sure you are in control of payments.

[Still Waving]

Good morning. Thanks Roger and Nightwatxh for your replies. I seem to have missed something on my timeline. Capital 1 did actually respond to my CCA request a long time ago so I won’t continue down the UE route on this one. But I’m not sure what’s going on due to the fact that C1 seem to have closed my account according to the Credit reference agencies. As I have not had any communication regarding my account being sold on, should I continue with my DD to C1, or cancel and wait to hear from the DCA?

Hi

Two points - You say Cap1 did respond to your CCA request. Did they send a copy of your agreement? If so, did you have it checked for completeness and compliance with the regs? If you didn't, it would be worth emailing it to Niddy (webmaster@all-about-debt.co.uk) for his opinion as to whether it is enforceable. You will then have a better idea of where you stand legally.

Second, two other members have suggested cancelling your DD to see what reaction is from Cap1. I don't think you have much to lose by doing so, and you always have the option to restart it at a later date, if necessary.

[Roger]

Its actually better to deal with DCA's than the Original Creditor.
I would make a copy of the Credit Agencies entry (Screen Dump or using Snip) for your own records!
Then Cancel the Direct Debit WITHOUT REFERENCE TO CAPITOL 1 again keeping a Copy of your action for your own purposes.
Then see what happens!

[Tommy_the_cat]

@nightwatch
Has wisely pointed out MAKE SURE TO HAVE EVIDENCE OF YOUR CC74 request!

Have Capitol 1 responded to your CCA request? Or is this still outstanding?
In law this Account is UE whilst this is CCA request is outstanding!
Understand that any payment you are making is just restarting the Statute Bar Clock!

If your CCA request is outstanding I personally would cancel the Direct Debit WITHOUT TELLING THEM
and then wait and see what happens next!

They may well sell the Account/Debt but this would be selling whilst in dispute of an Outstanding CCA 74 request (UE)

Silence (no communications) report developments back here!

Good morning. Thanks Roger and Nightwatxh for your replies. I seem to have missed something on my timeline. Capital 1 did actually respond to my CCA request a long time ago so I won’t continue down the UE route on this one. But I’m not sure what’s going on due to the fact that C1 seem to have closed my account according to the Credit reference agencies. As I have not had any communication regarding my account being sold on, should I continue with my DD to C1, or cancel and wait to hear from the DCA?

[Roger]

@nightwatch
Has wisely pointed out MAKE SURE TO HAVE EVIDENCE OF YOUR CC74 request!

Have Capitol 1 responded to your CCA request? Or is this still outstanding?
In law this Account is UE whilst this is CCA request is outstanding!
Understand that any payment you are making is just restarting the Statute Bar Clock!

If your CCA request is outstanding I personally would cancel the Direct Debit WITHOUT TELLING THEM
and then wait and see what happens next!

They may well sell the Account/Debt but this would be selling whilst in dispute of an Outstanding CCA 74 request (UE)

Silence (no communications) report developments back here!

[nightwatch]

good morning.

as you have not received your requested CCA, I would be tempted to cancel the DD that you have been making.
Then wait and see what is sent by way of communication to you next.
I take it you sent the CCA request by post with proof of postage and enclosed the fee of £1?

NW

[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.

Good morning everyone. It's been rather quiet on my side recently. Possibly the calm before the storm. Looking for some advice on this account.... I have been paying directly to Capital 1 for many months now without problems. I had an alert from Experian earlier this week to say that this account has been closed and has now dropped off of the credit report (same for Experian). Am I to assume that Capital 1 have sold this debt to a DCA? I have had zero correspondence to explain this to me. What should my next action be? Do I leave the DD in place to Capital 1, or should I cancel it and see what happens? Thanks everyone!

[Colin G Quinn]

Hi,

You have plenty of time to respond to the letter of claim, if you so choose to do so.

You have been told the alleged agreement is unenforceable by Niddy, and I have no reason to believe that to not be the case. I am willing to look at the letter of claim you have received, along with the agreement if you wish. My email address is in my legal disclaimer below.

Ok, you have been through Intrum's long drawn out pre-action process of letter after letter, which I have mentioned previously, possibly in another thread.

This prospective Claimant is not authorised by the Financial Conduct Authority to exercise the rights duties of a lender. The Court cannot hear a CCA Claim by someone who is not a Creditor as defined by the CCA, although, admittedly, the same is a complex legal argument, and needs to be properly pleaded. The good news is that we specialise in that area of law.

As is true legal assignment which is still an issue in play.

You, absolutely under no circumstances want to remind the Claimant of any unenforceability.

Once I have seen the documents I will be better placed to advise you.