wheretostart's UE diary

[wheretostart]

Time to start getting myself organised after my original post about my letter of claim.

Debt 1

• Type of account - Credit Card
• Date commenced - Jan 2000
• Approx balance - just under £10k
• Date last 'full' payment - Mar/Apr 2020
• Arrangement - No payments made
• Status - defaulted November 2020
• Account owner - LC Asset 2 SARL /Link Financial outsourcing (previously Halifax)

26th August letter of claim, all previous correspondence has been destroyed/discarded
20th September CCA request sent with £1 postal order
8th October Link Financial wrote saying they were currently unable to get the paper work, account unenforceable
15th November - Link replied with a copy of original agreement, claiming it is now enforceable

Debt 2

• Type of account - Credit Card
• Date commenced - Jul 2007
• Approx balance - £9600
• Date last 'full' payment - Mar/Apr 2020
• Arrangement - No payments made
• Status - defaulted June 2020
• Account owner - LC Asset 2 SARL /Link Financial outsourcing (previously Barclaycard)

Previous correspondence has been destroyed/discarded. Was Moorcroft/Wescott acting for client.
10 December Notice of assignment received

Debt 3

• Type of account - Communications
• Date commenced - Jul 2015
• Approx balance - £38
• Date last 'full' payment - I think it was around August 2018
• Arrangement - No payments made
• Status - defaulted January 2019
• Account owner - EE, but according to my credit report it's now with Lowells

I'd almost forgot about this one. It was a rolling 1 month contract which I thought I could just stop paying at any time. So I cancelled the direct debit (which I think was only about £12.50 a month) without informing EE. Was shocked they defaulted it! Tempted to just pay it with the amount it is...

[wheretostart]

Giving this a bump, is there anyone who can verify for me that the first debt is now enforceable?

[Gerry Jemitus]

If you do a s78 CCA request, and the creditor is unable to provide compliant documentation, the debt becomes unenforceable until such time as they are able to comply. Hence, if they have now provided satisfactory documentation, they consider the debt to be enforceable, and might decide to issue proceedings. However, the fact that they think it is enforceable does not necessarily make it so, as we successfully defend such cases on a routine basis. The claim can still be defended, should they issue, but it is likely to involve more complex legal arguments.

Re debt 3, it appears that the default may have been applied correctly. Paying the debt will stop them chasing you, but will not remove the default from your file, although it will change it to satisfied, which has slightly less impact on your credit score.

[Night Monkey]

is there anyone who can verify for me that the first debt is now enforceable?

Send a copy of the received 'agreement' to webmaster@all-about-debt.co.uk (Niddy) with no retractions (only he will see it) and a link to this diary to see what he makes of it.

[wheretostart]

I will do that night monkey, thanks.

However, I might have made a fatal error regarding this first debt. When I sent the CCA s78 request, (using the template letter from here) I wasn't sure who to send it to, so I sent 2 letters, each with a £1 postal order. One was to Link, the DCA, the 2nd to Kearns solicitors. Link have now sent a "statement", which shows two £1 payments, and they have deducted £1 from the debt.

Is there any way I can dispute the payment, or have I now admitted the debt?

[The Tech Clerk]

if the fee was for CCA request then it is for that use only not to be entered into account, cannot be acknowledgement of debt, they should of returned the amount.

[The Tech Clerk]

You could contact them (solicitors) stating it is a legal Regulated CCA1974 request albeit duplicate (it does not create an omission of an alledged debt) it therefore cannot be credited to an account as a payment (that is an act of deceat)., You are therefore requested to contact your client who credited the alledged account and advise them to return same to myself) failure of which the Regulators will be informed of the situation, also as solicitors you are responsible for any irregularities for which you fail to observe whilst forwarding documents. Due diligence by yourselves is required and be shown in all aspects of proceedings.

Your correspondence has been filed for future use if necessary.

Note for you:-sure others will advise also soon?

[Night Monkey]

Is there any way I can dispute the payment, or have I now admitted the debt?

The CCA request template is carefully worded to avoid admitting the debt, so any correspondence disputing the payment would need to follow in the same vein.

Very naughty of the solicitors I would say, and I wonder whether such actions play into a longer game.

[Still Waving]

I will do that night monkey, thanks.

However, I might have made a fatal error regarding this first debt. When I sent the CCA s78 request, (using the template letter from here) I wasn't sure who to send it to, so I sent 2 letters, each with a £1 postal order. One was to Link, the DCA, the 2nd to Kearns solicitors. Link have now sent a "statement", which shows two £1 payments, and they have deducted £1 from the debt.

Is there any way I can dispute the payment, or have I now admitted the debt?

If you're not sure what to send, and to whom, it's best to always get clarification here first.

[Still Waving]

You could contact them (solicitors) stating it is a legal Regulated CCA1974 request albeit duplicate (it does not create an omission of an alledged debt) it therefore cannot be credited to an account as a payment (that is an act of deceat)., You are therefore requested to contact your client who credited the alledged account and advise them to return **same** to myself) failure of which the Regulators will be informed of the situation, also as solicitors you are responsible for any irregularities for which you fail to observe whilst forwarding documents. Due diligence by yourselves is required and be shown in all aspects of proceedings.

Your correspondence has been filed for future use if necessary.

Note for you:-sure others will advise also soon?

I would throw in the term "misappropriated statutory fee payment". **

[Roger]

I will do that night monkey, thanks.
However, I might have made a fatal error regarding this first debt. When I sent the CCA s78 request, (using the template letter from here) I wasn't sure who to send it to, so I sent 2 letters, each with a £1 postal order. One was to Link, the DCA, the 2nd to Kearns solicitors. Link have now sent a "statement", which shows two £1 payments, and they have deducted £1 from the debt.

Is there any way I can dispute the payment, or have I now admitted the debt?

NO you have NOT admitted the Debt neither have you paid monies against the Debt
YOU CAN SEND AS MANY S.78 CCA REQUESTS AS YOU WISH! But to be legally binding each request needs a separate £1

IGNORE what they think they can or cannot do with the £1 ( be hard faced )
The S.78 CCA Letter here doesn't acknowledge the DEBT.

Set on your hands its UE until they produce a CCA

[wheretostart]

NO you have NOT admitted the Debt neither have you paid monies against the Debt
YOU CAN SEND AS MANY S.78 CCA REQUESTS AS YOU WISH! But to be legally binding each request needs a separate £1

IGNORE what they think they can or cannot do with the £1 ( be hard faced )
The S.78 CCA Letter here doesn't acknowledge the DEBT.

Set on your hands its UE until they produce a CCA

In reply to the bold, they have actually produced a CCA. I have a copy of the original, signed agreement. Although I haven't forwarded it to Niddy yet I believe it be be enforcable.

However, as mentioned on this post

https://all-about-debt.co.uk/forum/f...13#post1542313

Colin G Quinn believes that I may not have received a default notice, or if I did, that it was defective. I honestly don't know if I did receive one, and if I did, it has been destroyed. I think this may be worth following up?

Would it be worth adjusting this

https://all-about-debt.co.uk/forum_c...%20Default.doc

so I am am only asking for proof of default notice?

[wheretostart]

This is the letter I'm sending in response. Any alterations please advise:

In response to your previous correspondence regarding the above.

With my earlier correspondence dated 20/09/21 I sent a s77/78 request under the Consumer Credit Act 1978. Enclosed with this letter was a £1 postal order as payment for this specific purpose. I expressly stated that it must not be used for any other purpose.

It has been brought to my attention that this £1 has been applied to the alleged account. As this is a legally regulated Consumer Credit Act request (regardless of the fact it is a duplicate) I therefore request that you contact your client who credited the alleged account and advise them to return this fee to me, removing it from all records of this alleged account.

Failure to correct this misappropriated statutory fee payment will result in me contacting the regulators. Please note that as solicitors you are responsible for any irregularities for which you fail to observe whilst forwarding documents. Due diligence by yourselves is required and should be shown in all aspects of proceedings.



Your correspondence has been filed for future use if necessary.

[Roger]

This is the letter I'm sending in response. Any alterations please advise:

In response to your previous correspondence regarding the above.

With my earlier correspondence dated 20/09/21 I sent a s77/78 request under the Consumer Credit Act 1978. Enclosed with this letter was a £1 postal order as payment for this specific purpose. I expressly stated that it must not be used for any other purpose.

It has been brought to my attention that this £1 has been applied to the alleged account. As this is a legally regulated Consumer Credit Act request (regardless of the fact it is a duplicate) I therefore request that you contact your client who credited the alleged account and advise them to return this fee to me, removing it from all records of this alleged account.

Failure to correct this misappropriated statutory fee payment will result in me contacting the regulators. Please note that as solicitors you are responsible for any irregularities for which you fail to observe whilst forwarding documents. Due diligence by yourselves is required and should be shown in all aspects of proceedings.

Your correspondence has been filed for future use if necessary.

DON'T SEND IT!!
Look I understand the demons of seeming to do nothing!

There are problems and issues with this group and especially in your timeframe!
Also Possible Assignment issues a whole heap of issues

https://all-about-debt.co.uk/member/7514-colin-g-quinn knows more of these than you or I

Send a copy CCA not redacted to webmaster@all-about-debt.co.uk for checking quoting this thread for checking enforceable or not!

There is a difference between fulfilling S.78 and being EN by the Way.

[wheretostart]

DON'T SEND IT!!
Look I understand the demons of seeming to do nothing!

There are problems and issues with this group and especially in your timeframe!
Also Possible Assignment issues a whole heap of issues

https://all-about-debt.co.uk/member/7514-colin-g-quinn knows more of these than you or I

Send a copy CCA not redacted to webmaster@all-about-debt.co.uk for checking quoting this thread for checking enforceable or not!

There is a difference between fulfilling S.78 and being EN by the Way.

Luckily (?) I was experiencing printer issues, so i hadn't yet sent it.

Niddy believes it is currently UE.

When you say issues with this group, do you mean Kearns? Link financial? L.C Asset 2 SARL?