ShillyShally's Diary

[ShillyShally]

In 2006/07 I had a really difficult time financially, defaults, ccjs, etc. I have since then been working through my own DMP and have paid down all my debt apart from the last £180 (part of a ccj which is paid at £5/month). It appears that I have managed to miss one bank loan, although I'm not sure about this (going through old paperwork but not really shedding any light on this).

11/10/2010 Notice of Debt Collection on the above account from Wescot

19/10/2010 "Prove it" letter sent

25/10/2010 Acknowledgement of query from Wescot

18/11/2010 Copy of Credit Agreement and request for payment received from Wescot

I hadn't asked for a CA copy but although it looks reasonable (if a very poor quality copy) there are a couple of points that concern me. In particular the dates which do not match the copy of the CA I have at home.

Any advice on my next step will be most gratefully received.

[Elsie52]

Re: ShillyShally's Diary

Hiya, and well done for posting......Niddy will be along at some time and he will answer your questions. You could email him a copy of your CCA so that he can check it over for you.

Elsie

[Elsie52]

Re: ShillyShally's Diary

If you read Niddy's thread ...on Unenforceability it will help you, so that you can provide all the information so that Niddy can give you the correct information and advice.

[ShillyShally]

Re: ShillyShally's Diary

Thank you for your warm welcome. ;Hi

I'm off to do that now.
Shilly

[Never-In-Doubt]

Re: ShillyShally's Diary

In 2006/07 I had a really difficult time financially, defaults, ccjs, etc. I have since then been working through my own DMP and have paid down all my debt apart from the last £180 (part of a ccj which is paid at £5/month). It appears that I have managed to miss one bank loan, although I'm not sure about this (going through old paperwork but not really shedding any light on this).

11/10/2010 Notice of Debt Collection on the above account from Wescot

19/10/2010 "Prove it" letter sent

25/10/2010 Acknowledgement of query from Wescot

18/11/2010 Copy of Credit Agreement and request for payment received from Wescot

I hadn't asked for a CA copy but although it looks reasonable (if a very poor quality copy) there are a couple of points that concern me. In particular the dates which do not match the copy of the CA I have at home.

Any advice on my next step will be most gratefully received.

Hiya

Can you please clarify - in your original post you first make reference to

It appears that I have managed to miss one bank loan, although I'm not sure about this (going through old paperwork but not really shedding any light on this).

To then go and say:

In particular the dates which do not match the copy of the CA I have at home.

Obviously my concern here is - how come the inconsistency within the same original post? Do you know about this loan, if so why did you say it isn't ringing any bells...? Anyways.... please email me the agreement they sent you and i'll check it over - however in the meantime, please confirm the approximate date you last paid anything to this debt.....

Regards to the CCA they sent, part of the prove it letter stipulates that they must send a CCA so you would have asked for it, although doing it this way means you did not have to send the normal £1...

Please advise the above, and email me (see my signature for address) then i'll post back and confirm if enforceable or not..... it may be an idea to email me the original copy you also have, for me to see the comparisons - although i'd presume it was a recon they sent you - if so it will tell you this in their cover letter so please also send that to me....

Thanks - chat soon.

[ShillyShally]

Re: ShillyShally's Diary

Thank you for taking the time to help me.

[size=5]“Do you know about this loan, if so why did you say it isn't ringing any bells...?” It is very complicated; I made regular payments to Smile against this loan until September 2009 (default notice 13/2/2006). BUT Smile appear to have transferred these to a DCA who applied them against a different debt I had with Smile (credit card). This is issue one which I have tried without success to get clarification on since I noticed it in September 2009.

My credit report shows TWO separate loans from Smile (plus the visa card debt to which the payments were applied) with different start dates whereas I had A bank loan with Smile for which I have the CA. Sorry if this is still not terribly clear (I have spent all morning going through old paperwork trying to clarify the situation).

I appreciate your kind offer to check the credit agreements and will email them to you.

Thank you again. If you need any more information please shout.

Shilly

[Never-In-Doubt]

Re: ShillyShally's Diary

Hiya

Ok that makes perfect sense...... soooo - you're saying that you have two defaults both from smile with the CRA or only one? I understand what you're saying about the loan and the card, but is the card also in debt?

Have you requested the CCA for the card as well?

Regards to the agreements you sent, forget the fact you have the original (they are the same however) - the main flaw with them is no apr - yea, you'll see it is clear down the bottom left corner - oooh, noooo! That's not allowed cos it does not clearly differentiate the actual monthly and annual apr for both the loan and insurance therefore meaning this loan is unenforceable and you should not make payments to it.

Respond to Wescot, with the following: ---> viewtopic.php?p=1503#p1503

Well done

[ShillyShally]

Re: ShillyShally's Diary

Thank you for that.

I have TWO accounts with Smile. One is the Loan the other is a Credit Card. Both are defaulted. The card is being repaid under a ccj @ £5.00 per month.
However, I have THREE accounts defaulted with Smile according to the CRA. The loan appears to be duplicated, Hence my confusion. But I shall put that on the back burner for now and send the letter you have recommended to Wescot.

Thanks again for your help and input. Really very much appreciated.

Shilly

[Never-In-Doubt]

Re: ShillyShally's Diary

Thank you for that.

I have TWO accounts with Smile. One is the Loan the other is a Credit Card. Both are defaulted. The card is being repaid under a ccj @ £5.00 per month.
However, I have THREE accounts defaulted with Smile according to the CRA. The loan appears to be duplicated, Hence my confusion. But I shall put that on the back burner for now and send the letter you have recommended to Wescot.

Thanks again for your help and input. Really very much appreciated.

Shilly

Morning ;Hi

Ok, smile loan - can you please check your credit file and send me a PM with the entries for both of the smile loans? If anything screen print these entries and email me them as a jpeg - basically I want to see what the two entries say on Experian/Equifax.......

If they have duplicated the account then both defaults will be removed - basically, one debt = one default. If they mess it up, then it gets removed.

Smile Card - can you confirm how they got a ccj, when they got a ccj, how much it was for, did you defend? We can try for a set-aside, if things were done wrong originally. Did you ever receive a default notice/termination notice for the card? (these are two separate documents)

Please confirm and i'll advise next steps to you..... the more info - the better k

[ShillyShally]

Re: ShillyShally's Diary

Sorry for the delay in responding - work / life balance totally failed to balance. Letter sent as advised : no response received to date.

I have emailed you the information requested.

Smile Card - can you confirm how they got a ccj?

21/06/2007 : Letter from Bryan Carter Notice of litigation proceedings in the county court. Claim form would be received in the next 48 hours direct from the court.

Issued 21st June 2007 : Claim form as attached

2nd July 2007 : Judgement for the Claimant

when they got a ccj

July 2007

How much it was for, did you defend?

£ 2343.05 and no I did not defend, merely sent a letter outlining my circumstances and that I could only afford to repay this at £5.00 per month which was accepted.

Did you ever receive a default notice/termination notice for the card? (these are two separate documents)

I have gone through my paperwork with a fine toothcomb including the SAR data I was sent and cannot find either of those documents.

Thank you once again for your help and advice.

[Never-In-Doubt]

Re: ShillyShally's Diary

Leave this with me. No default notice means we can get the ccj set-aside!

I'll reply properly early next week.

[Never-In-Doubt]

Re: ShillyShally's Diary

Smile Loan - CRA entires
Can you please confirm the actual date you did take a loan out and also the balance that you reckon it should be? The entries show start dates of 13.01.04 & 29.12.03 which clearly shows a problem, but one has an extra £30 added to it as well. Its a right balls up.

Thing is, what is evident is that the default date is correct on both as being 09/2007. However, looking into this, the entry which ends 8003 has incative markers for a while so this will actually fall off your credit file next September anyway...... it makes me think, is it worth arguing over?

Regards to CCJ, similarly, the best we can hope for is set-aside, but the debt would still exist so being you've got a default until at least 2013 i'd not worry too much about the ccj at this stage and just continue to pay this.

Sorry, doesn't seem like much help but it's hard to commit to something that I can see is already too far gone, ie a lost cause....

[ShillyShally]

Re: ShillyShally's Diary

Hello again. I have (finally) received a response from Wescot to the letter sent as you recommended. I'm happy to post it here but basically they have just enclosed exactly the same CCA and the letter states that payment is now required.

I am happy to send them another copy of the letter in return but will, of course, be guided by you.

Regards

Shilly

[Never-In-Doubt]

Re: ShillyShally's Diary

Hello again. I have (finally) received a response from Wescot to the letter sent as you recommended. I'm happy to post it here but basically they have just enclosed exactly the same CCA and the letter states that payment is now required.

I am happy to send them another copy of the letter in return but will, of course, be guided by you.

Regards

Shilly

nah, just ignore them.... if its the same then see what they send NEXT time yea?

[ShillyShally]

Re: ShillyShally's Diary

Good evening.

I've received the following undated letter today from Wescot (via UK Mail so no post mark either)

Final Notice - " Despite previous correspondence a balance remains outstanding on the above account. Unless you make contact with us and agree repayment within the next 10 days collection activity will continue on the account. This may lead to either us or our client:

* instructing a door step collector to visit your property to collect payment or
* taking court action ...

Payment due before : 3rd February 2011

They do seem to have gone rather overboard on the bold, underline, increase font size and use red ink front! As usual, your guidance will be much appreicated.

Regards