dwj2112's UE Diary

[MrsD]

Re: dwj2112's UE Diary

Hi All,

DEBT 6

• Type of account Opus Credit Card (formerly Citicard)
  
  
• Date commenced 17/04/2007
  
  
• Approx balance £4,028.69
  
  
• Date last paid August 2012
  
  
• Status File Closed
  
  
• Account owner Lowell Portfolio I Ltd.

03/06/13 Letter received from Lowell Portfolio I Ltd. asking for urgent contact regarding payment.
08/06/13 CCA request sent to Lowell Portfolio I Ltd.
13/06/13 Letter received from Lowell asking me to get in touch.
18/06/13 Letter received from Lowell stating they are in the process of locating my CCA.
19/06/13 Letter received from Lowell stating they are in the process of locating my CCA.
28/06/13 Letter received from Lowell stating they are trying to retrieve my CCA.
08/07/13 Letter received from Lowell stating they are still trying to retrieve my CCA.
05/08/13 Letter received from Lowell stating they can't find my CCA and are closing my file (unless the CCA comes to light at some point in the future)!
24/12/13 Letter received from Lowell stating that as "a gesture of goodwill and strictly without admission of liability" they are prepared to close the account and write-off any outstanding balance.
YIPPEE!!

Could anybody clarify this for me? The above debt was written off 3 years ago - see above. All i ever did was write to them for my CCA and they never found it. They wrote the debt off - letter actually said:

"After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability, we are prepared to close the account and write-off any outstanding balance."

I heard nothing since, but have now received a Notice of Intent to file a default from Opus the original creditor due to non payment of debt. They apologise for not giving me the normal 28 days warning because of a "systems error" . They further say that although they didn't send me a filing notice and a Default Notice previously, they believe that the default was filed correctly etc, etc, etc.

I don't care too much, but surely if they wrote off a debt without me asking them too, then they can't now file a default.

what ate is on the default?

this sounds a bit like they are tidying up, check the date on the letter an let us know, if it's a new one, we'll need to do something about it. possibly

[dwj2112]

Re: dwj2112's UE Diary

Thanks for all the replies guys. The latest letter from Opus is recent, dated 28 September 2016. It does say I should contact them if I want to discuss it further or contact Lowell if I want to make a payment, so they are acknowledging that Lowell are now the owners of the debt. Nothing has appeared on my credit file yet, but I just thought it was curious that they would be writing to me 3 years after Lowell have written it off. To be honest, I'm not really bothered about it. As Spud says, I have already won (and kept the letter safe) but was just surprised that they would now follow up after I was told years ago that the matter was closed.

[Spud]

Re: dwj2112's UE Diary

Regardless of the default being correct or otherwise, If you have other defaults whats one more for the time being?

Taking that into context, If it were me, I would not want to wake a sleeping dragon.......Get it past the SB stage first then look at cleaning up any incorrect defaults when you are home and dry.

If they try it on in the between time - You have your letter

I would try not to get caught up with what is right and wrong at the minute - Most of what they do is questionable is it not?

[Never-In-Doubt]

Re: dwj2112's UE Diary

Remember Opus (progressive finance) bought citi cards and hardly any will be enforceable. In essence they gave new cards and terms to those customers they kept and removed the facility from those they didn't want. In both cases, there's problems with what actually happened. So I'd not be overly concerned here at all.

[dwj2112]

Re: dwj2112's UE Diary

Thanks guys. My thoughts too - one more default on the credit report is hardly an issue. The main thing is that the debt has been written off and it's best to leave all well alone for the moment. I haven't acknowledged any of my debts for over 3 years, so it's a case of sitting tight for another 2 if I can :-).

[Pixie]

Re: dwj2112's UE Diary

It's surprising how fast the time goes dwj2112.

[dwj2112]

Re: dwj2112's UE Diary

• DEBT 3:HBOS 1
• Type of account Bank of Scotland Credit Card
  
  
• Date commenced 25/02/2004
  
  
• Approx balance £13,200 (balance now £14,224)
  
  
• Date last paid August 2012
  
  
• Status Defaulted
• Account owner Bank of Scotland (now with Cabot Financial).

24/12/12 Letter recieved from Albion Collections asking for full payment.
07/01/13 Letter recieved from Albion Collections asking for full payment.
16/01/13 Letter recieved from Albion Collections asking for full payment.
28/01/13 Letter recieved from Albion Collections asking for full payment.
30/01/13 CCA request sent to Albion Collections.
13/02/13 Reply received from Bank of Scotland enclosing reconstituted agreement and original signed application form.
18/02/13 Niddy takes a look at the agreement and it is enforceable.
09/04/13 Notice of Pending Legal Action received from HL Solicitors.
12/04/13 Missing Prescribed Terms Letter Sent to Apex Credit Management
28/04/13 Response received from Apex Credit Management requesting £1.00 to comply with my request.
05/05/13 Missing Prescribed Terms Letter resent to Apex Credit Management along with £1.00 fee.
08/05/13 Response received from Apex Credit Management placing my account on hold pending further enquiries.
28/10/13 Letter from Bank of Scotland stating they have transferred my account over to Akinika.
31/10/13 Standard letter from Akinika asking me to contact them.
21/11/13 Letter from Akinika offering a "substantial" reduction if I settle within 72 hours.
03/12/13 Letter from Akinika threatening legal action if they don't receive payment within 10 days.
22/12/13 Harassment by Telephone Letter Sent to Akinika.
24/12/13 Letter from Wright Hassall solicitors saying they might have to take legal action to recover the debt.
21/01/14 Letter from Akinika saying they might be able to reduce the debt if I contact them.
27/01/14 Letter from Akinika advising me that a Doorstep Collector will be calling on me.
28/01/14 Further letter from Akinika received saying they might be able to reduce my debt.
06/06/14 Letter from Bank of Scotland saying they are now passing the debt over to Wescot.
17/06/14 Letter from Westcot saying I need to contact them urgently.
22/06/14 Letter from Westcot saying further action will be taken and I have been referred to a visit by a Door Step Collection Agency.
04/09/14 Statement received from Bank of Scotland.
03/09/15 Letter received from Cabot Financial saying they would like to help me take positive steps to repaying the debt.
17/09/15 Reminder received from Cabot Financial.
01/10/15 Letter from Cabot Financial saying they are now considering legal action,
06/10/15 Letter received from Cabot Financial saying they will accept £5689.20 (a third of the debt) in settlement.
19/11/15 Letter received from Shoosmiths Solicitors saying they will commence court proceedings if they don't here from me in 14 days.
23/11/15 CCA request sent to Cabot and a copy to Shoosmiths.
01/02/17 Reply received from Shoosmiths enclosing CCA and asking me to contact them with details of Income and Expenditure.


So finally received a reply from Shoosmiths enclosing my CCA ( over 14 months after I sent them the CCA request)!

They have asked me to contact them within 14 days (passed already) and fill in a form about my income and expenditure.

It ends with the standard "our client may instruct us to raise Court action against you" if I don't contact them. It's a lot less threatening that the letter they sent me 15 months ago and my inclination is to completely ignore it for the moment.

[JLC]

Re: dwj2112's UE Diary

You should email it to Niddy ensuring you don't blank anything out. He can then let you know if there is any problems with it.

[Spud]

Re: dwj2112's UE Diary

Shoosmiths/Cabot can be a bit hasty with claims so it may not we wise to ignore that letter

Send the CCA reply to Niddy to see what he says. Depending on the content of that letter it may be prudent to send the LBA response

I will see if someone with a bit more experience than me could advise regarding replies


Hold tight for now

[nanna58]

Re: dwj2112's UE Diary

Definitely send it to Niddy he will then be able to give you his opinion send it to webmaster@all-about-debt.co.uk at the bottom of his signature

[dwj2112]

Re: dwj2112's UE Diary

They're in default so cannot enforce....

Hi Guys, thanks for all your responses. Niddy did say over a year ago that they can't enforce because the 14 days had well passed, but I'm emailing him a copy of the letter just to be safe :-).

[PlanB]

Re: dwj2112's UE Diary

• DEBT 3:HBOS 1
• Type of account Bank of Scotland Credit Card
  
  
• Date commenced 25/02/2004
  
  
• Approx balance £13,200 (balance now £14,224)

• Date last paid August 2012

30/01/13 CCA request sent to Albion Collections.
13/02/13 Reply received from Bank of Scotland enclosing reconstituted agreement and original signed application form.
18/02/13 Niddy takes a look at the agreement and it is enforceable.

. . . . . .

23/11/15 CCA request sent to Cabot and a copy to Shoosmiths.
01/02/17 Reply received from Shoosmiths enclosing CCA and asking me to contact them with details of Income and Expenditure.


So finally received a reply from Shoosmiths enclosing my CCA ( over 14 months after I sent them the CCA request)!

Have Shoosmiths sent the same CCA as the one you received from HBOS in February 2013 which Niddy said was enforceable?

Debt purchasers don't always have access to the same information as the original creditor so is Cabot's version any different?

Send it to Niddy for a checkover.

This £14k+ debt is due to go SB around August this year isn't it? If so then keeping them at arms length until then may be a good idea.

Di

[Still Waving]

Re: dwj2112's UE Diary

Hi Guys, thanks for all your responses. Niddy did say over a year ago that they can't enforce because the 14 days had well passed, but I'm emailing him a copy of the letter just to be safe :-).

Yes, but that is only until they do produce documentation in response to the CCA request.

[dwj2112]

Re: dwj2112's UE Diary

Have Shoosmiths sent the same CCA as the one you received from HBOS in February 2013 which Niddy said was enforceable?

Debt purchasers don't always have access to the same information as the original creditor so is Cabot's version any different?

Send it to Niddy for a checkover.

This £14k+ debt is due to go SB around August this year isn't it? If so then keeping them at arms length until then may be a good idea.

Di

Hi Di,

Thanks for your response. Yes it's the same CCA as HBOS sent previously. I emailed Niddy the Shoosmiths letter a couple of days ago. That's a good point - I haven't paid towards, or acknowledged the debt, since August 2012 so if I can hold them off for another 6 months I should be fine :-).

[dwj2112]

Re: dwj2112's UE Diary

Yes, but that is only until they do produce documentation in response to the CCA request.

Thanks Still Waving.

I'm a bit confused. Niddy said they were in default so couldn't enforce, but is that reversed now that they have produced documentation?