Sharon2345 Unenforceability Diaries

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

HSBC Loan
Interest frozen, defaulted 2005/6. Default issued in 2006 on credit file.

Name: HSBC

Type: Loan

Date commenced: not sure probably 2002

Approx balance £21,113

Date last paid: 1st May 2013

Arrangement: not paying previously paying £14 via dmp


Account owner: CL Finance, collection activity by Howard Cohen.


4/2013 - CCA request sent

NO CCA documents received

12/08/2013 - Received letter from Lewis Debt Recovery demanding full balance someone will visit my house to collect.

16/08/2013 - Sent Sold in Dispute letter

29/08/2013 - receive a letter from Howard Cohen threatening County Court action

31/08/2013 - received letter from Lewis Debt Recovery demanding payment. - TO IGNORE maybe letters crossed in the post

02/09/2013 - sent Howard Cohen 'Threat of creditor to commence litigation' letter

After my threat to commence litigation letter Howard Cohen has sent me a letter stating:we acknowledge receipt of your letter dated 30th August 2013. Your account which is the subject of this matter was already in default when it was assigned to our client, CL Finance ltd on 28 Sep 2007. Therefore requests made in line with s78 of the consumer credit act 1974 are not applicable to your account because the said legislation only refers to running-credit agreements in any event.
We are fully aware of the decisions in the matters of R.B.S v Mcguffick and HSBC v Carey cases which you refer to, but we note that you have previously acknowledged the debt in any event with payments being made via our clients financial solutions Unit with the last payment of xxx being received on 9 May 2013.
we are currently without instruction therefore, please remit your repayment proposals direct to Lewis debt services accordingly.

What do I do with this now? Ignore or send another letter?

[Never-In-Doubt]

Re: Sharon2345 Unenforceability Diaries

Send a new cca to the DCA. Cover yourself.

HC are talking shyte. Your account is live

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Send a new cca to the DCA. Cover yourself.

HC are talking shyte. Your account is live

The account was sold to CL finance in 2007 I saw it on my credit file. Howard Cohen was collecting on behalf I sent CCa to Howard Cohen. So you are suggesting I send one to CL Finance now?
i heard they are all one company CL Finance/Howard Cohen/Lewis debt recovery?

[Never-In-Doubt]

Re: Sharon2345 Unenforceability Diaries

Yes send a cca to CL

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

HSBC Loan
Interest frozen, defaulted 2005/6. Default issued in 2006 on credit file.

Name: HSBC

Type: Loan

Date commenced: not sure probably 2002

Approx balance £21,113

Date last paid: 1st May 2013

Arrangement: not paying previously paying £14 via dmp


Account owner: CL Finance, collection activity by Howard Cohen.


4/2013 - CCA request sent

NO CCA documents received

12/08/2013 - Received letter from Lewis Debt Recovery demanding full balance someone will visit my house to collect.

16/08/2013 - Sent Sold in Dispute letter

29/08/2013 - receive a letter from Howard Cohen threatening County Court action

31/08/2013 - received letter from Lewis Debt Recovery demanding payment. - TO IGNORE maybe letters crossed in the post

02/09/2013 - sent Howard Cohen 'Threat of creditor to commence litigation' letter

14/09/2013 - Receive letter from CL Finance stating they aknowledge my CCA request dated 30th August 2013 but it was sent April 2013. They state they will contact the original lender for the documents. ON HOLD until then.

Howard Cohen have now sold this account onto Robinson Way who state the full balance is owing. What do I do now? Do I ignore or do I CCA them now?

[Pixie]

Re: Sharon2345 Unenforceability Diaries

I would send Account Sold whilst in Dispute to Robinson Way.

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

I would send Account Sold whilst in Dispute to Robinson Way.

Ok many thanks for your help. I also have my Cahoot one which was managed by APex (not sold to them) and now it seems Moorcroft have been tasked to look after it. They are demanding payment too should i send them the same letter?

Also when companies sell debt on does the purchaser know its in dispute?

[Pixie]

Re: Sharon2345 Unenforceability Diaries

Ok many thanks for your help. I also have my Cahoot one which was managed by APex (not sold to them) and now it seems Moorcroft have been tasked to look after it. They are demanding payment too should i send them the same letter?

Yes, whenever a new dca takes over a debt (whether or not they've actually bought it) send the SWID letter.

Also when companies sell debt on does the purchaser know its in dispute?

I think that's quite rare...if it happens at all. But remember, they pay pennies for these debts so they're not bothered. They probably hope they can convince you otherwise when you tell them it's in dispute.

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Yes, whenever a new dca takes over a debt (whether or not they've actually bought it) send the SWID letter.



I think that's quite rare...if it happens at all. But remember, they pay pennies for these debts so they're not bothered. They probably hope they can convince you otherwise when you tell them it's in dispute.

Many thanks for your advice..........very interesting.

I have ignored the Moorcroft one for 3 weeks i hope they dont start coming to my door. Ill get these letters out tommorow.

[Pixie]

Re: Sharon2345 Unenforceability Diaries

A collector from Moorcroft came to my door. I didn't even give him the chance to say which account he was attempting to collect on (they had 2 of mine at the time)...I just told him to go away and shut the door and he went away.

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

A collector from Moorcroft came to my door. I didn't even give him the chance to say which account he was attempting to collect on (they had 2 of mine at the time)...I just told him to go away and shut the door and he went away.

Thing is this is my parents house and i dont want them worrying or even speaking to Moorcroft.

Do they turn up unannounced or do they write first to say they will visit?

[Pixie]

Re: Sharon2345 Unenforceability Diaries

They usually send a letter first and you'd respond with the that of a doorstep visit template.

Even if you get a letter saying they're going to visit they don't always. I've had loads of threats but that was the only visit I've had.

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Can someone send me the link or template letter for doorstep harrasment. I need to send but i cant access from the website.

[Sharon2345]

Re: Sharon2345 Unenforceability Diaries

Cahoot Flexi Loan
Interest frozen, defaulted 2005/6. Default issued on credit file in 2006.

Name: Cahoot Flexi loan (Santander)

Type: Flexi online loan

Date commenced: 2005

Approx balance: £6,656

Date last paid: 1st May 2013

Arrangement: not paying now previously token payments via dmp
Status: defaulted 2005/2006

Account owner: Santander - Apex Credit Mgt Collecting Agents

4/2013 - CCA request sent
5/2013 - CCA response received from Apex
16/08/2013 - CCA documents emailed to NIDDY
10/09/2013 - UNENFORCEABLE!!!
14/09/2013 - Sent missing PT letter.
28/11/2013 - Apex send letter demanding full balance. Will ignore!
21/02/2014 - Original creditor Santander sent letter telling me MOORCROFT will be looking after my account now. IGNORING
15/03/2014 - Moorcroft letter demanding payment IGNORED
28/03/2014 - Sent Moorcroft Sold in Dispute Letter
07/04/14 - Moorcroft send letter how to make a CCA request
23/04/14 - Moorcroft sent a threaten to visit home letter
29/04/14-Sent doorstep letter
30/05/14-Moorcroft sent person to call at my door. I AM VERY ANGRY NOW

Moorcroft sent someone to knock at my door even when I sent them a doorstep letter. You can imagine my family were in shock and did not know about this and I am very angry. What can I do in this case?
This debt is being disputed as Santander have not fulfilled my CCA request.

[PlanB]

Re: Sharon2345 Unenforceability Diaries

Moorcroft sent someone to knock at my door even when I sent them a doorstep letter. You can imagine my family were in shock and did not know about this and I am very angry. What can I do in this case?.

I'd be furious if it was me. It's a shocking invasion of your privacy if nothing else. You sent them the Doorstep Template letter over a month ago so there's no excuse. I'm not sure whether you should follow it up with a complaint but keep the details of the day/date/time etc in case you ever need to prove harassment. Did the doorstep collector leave a card or letter or anything to prove his visit?

Incidentally I see this is an old Cahoot Flexlioan account. Have you read Oscar's thread on rate-jacking? He got back over £3k. It's not relevant at the moment since the account is in default of your CCA request, but if ever they start to turn up the heat then you've got a possible claim for overcharging up your sleeve.

Always good to have two irons in the fire


http://forums.all-about-debt.co.uk/s...l=1#post126008