JASSASBLUE - UE Diary

[jassasblue]

Looking at the history of the Barclaycard you've quoted:

(a) the credit agreement has been deemed unenforceable by Niddy - Yes this is correct

(b) the DN was issued by Mercers so has the potential to be defective since they were not the creditor, and also a non trading company at the time - Barclaycard agreed to remove the default after a FCA complaint, they agreed I had been penalised with the default date of 2014, when I entered Stepchange in Dec 2013.

(c) you say the debt is Statute Barred - Yes, I've checked the paperwork from Stepchange, last payment made 15/12/13

(d) you have a letter from Barclaycard (28/01/2014) admitting they can't comply with your s77-79 CCA Request - Yes I do


So that's four reasons not to react to the Notice of Assignment.

Wait until Hoist write to you again just in case that December 2019 prediction for being SB is not accurate.

Di

I've replied to the 4 points above, another letter received from Robinson Way today, asking me to register online for their portal and I must call to set up an immediate payment plan.

Should I just ignore until they step up the pace? This is definitely SB, Stepchange paperwork shows last payment 15/12/13.

[Joanna Connolly Solicitors]

both accounts assigned and transferred to Hoist Finance UK Holdings 3 Ltd, they appointed Robinson Way Ltd to act on their behalf. Balance outstanding for both cards £5264.85 requesting I contact with payment arrangement.

These are now statute barred in December 19, (clever Barclaycard!!) shall I just send the SB letter? These dropped off my credit file (defaults), I hope they don't reappear. Barclaycard couldn't comply with my CCA request.

Looking at the history of the Barclaycard you've quoted:

(a) the credit agreement has been deemed unenforceable by Niddy

(b) the DN was issued by Mercers so has the potential to be defective since they were not the creditor, and also a non trading company at the time

(c) you say the debt is Statute Barred

(d) you have a letter from Barclaycard (28/01/2014) admitting they can't comply with your s77-79 CCA Request


So that's four reasons not to react to the Notice of Assignment.

Wait until Hoist write to you again just in case that December 2019 prediction for being SB is not accurate.

Di

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Barclaycard (formerly Skycard)

• Type of account Credit Card
• Date commenced 14/12/2005
• Approx balance £4459.67
• Date last paid DMP 25/12/2013
• Are you on arrangement or not paying DMP
• Status Arrangement on Credit File UPDATE Barclaycard agreed to remove entry as should have been defaulted in 2008

NOW SB - December 2019

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
11/01/14 Letter from Barclaycard, dealing with CCA request
15/01/14 Barclaycard letter received, they are unable to provide a copy of the terms of my credit agreement. Account suspended immediately and they accept account unenforceable.
15/01/14 Email to Niddy to confirm.

Niddy's reply:


that's also

send this back -> http://www.all-about-debt.co.uk/old/...escribed-terms

16/01/14 PT Letter sent
28/01/14 Reply to Missing PT's. We are unable to provide all the documentation and information required by section 78 of the Consumer Credit Act 1974. You can however request a SAR for £10. We accept that we are prevented from enforcing our agreement while this state of affairs continues yada yada yada We would however like you to pay in accordance with your statements. We may issue a default notice and instruct a third party to demand payment.

This letter is very safe in my clutches, payment? Hahaha bye bye Barclaycard - letter filed and ignored!

13/02/14 Letter and statement from Barclaycard, my payment plan cancelled, now in arrears, interest and charges to be resumed - ignored.
20/06/14 Default notice received from Mercers
11/07/14 Letter from Barclaycard asking me to call and pay as account overdue - ignored

2 Letters in the same envelope. 1 from Barclaycard, both accounts assigned and transferred to Hoist Finance UK Holdings 3 Ltd, they appointed Robinson Way Ltd to act on their behalf. Balance outstanding for both cards £5264.85 requesting I contact with payment arrangement.

These are now statute barred in December 19, (clever Barclaycard!!) shall I just send the SB letter? These dropped off my credit file (defaults), I hope they don't reappear. Barclaycard couldn't comply with my CCA request.

Help please?

Thank you - Julie

[Joanna Connolly Solicitors]

I was looking for an 'effective from' date or something similar but it doesn't specify an actual date.

I'll take a peak back through your thread to see the history of this debt.

But the Default Notice needs to be compliant with s87(1) regardless of the date it was issued and the remedy date.

If the Default Notice is 'bad' then the debt owner has problems.

Di

[jassasblue]

The default notice is sent first, it gives you a date on when it is served and then a date that you have to pay the arrears by to stop it being registered on your credit file.

The date on your credit file is the date it was actually registered with the CRA.

Nightwatch, thank you for your reply, I was looking for an 'effective from' date or something similar but it doesn't specify an actual date. However, I understand totally what you're telling me, I just need to have a little more patience and stop panicking !!

Thanks again, Julie

[nightwatch]

The default notice is sent first, it gives you a date on when it is served and then a date that you have to pay the arrears by to stop it being registered on your credit file.

The date on your credit file is the date it was actually registered with the CRA.

[jassasblue]

Resolvecall just visited my property, unfortunately my Mum answered the door and told the guy I lived here, she called me in from the garage. I refused to answer any of his security questions and told him to leave, he handed me a letter, which is merely a request to ring their Head Office. I'm going to ignore this.

Just checked my last payment dates to all of my Creditors as I've put 25/12/13 on all my posts, Stepchange correspondence shows 16/12/13 so not long until statute barred. Sadly Argos defaulted me after I had paid 5 years with Stepchange and then decided to pursue UE!!. I know Di Mayhew said my statute barred is 6 years to the default date now, I'm going to sit tight and hope that they don't issue court papers, they've never issued my credit agreement as they couldn't find it.... fingers crossed, April 2020 can't come soon enough,

I've got a really silly question, I've been checking through all of my paperwork for this account as it is my last remaining debt that isn't statute barred due to the default date.

I was issued with a letter "important - you should read this carefully, Default Notice served under section 87(1) of the Consumer Credit Act 1974" - the letter is dated 19th February 2014, so why is the default date on my credit file 6th April 2014??

Am I missing something?

[jassasblue]

This is good news

From what you say maybe Argos was wrong to default you seven years after you went into a DMP because you had clearly defaulted on your contractual payments at that point (entering into a Stepchange DMP).

I'll take a look back through your thread to see whether Argos' late default has had a negative impact on your financial situation, and whether there is anything you can/should do about that in due course.

Di

Hi Di, thank you ever so much for your post, I had two companies default me 7 years later, I argued with them at the time and got nowhere, they were both showing payment arrangements on my credit file, when I stopped the Stepchange payments, Argos defaulted me in April 2014 and Studio Catalogue May 2014. Studio sold out to Lowell, after using the letter templates from this site, they wrote off the balance and agreed to remove the default, however I've noticed Studio still show a satisfied default in my closed accounts. It was showing twice for the same debt, one from Lowell and one from Argos!

Fingers crossed I make it to April without the Argos DCA attempting a CCJ, my credit file has almost recovered.

Thanks again - Julie

[Joanna Connolly Solicitors]

I have passed the statute barred date for all of my debts apart from just the one, my last payment to all creditors was 16/12/2013. I was in a DMP with Stepchange from 2007 and after becoming fed up with rising balances I stumbled across the UE route in 2013 (then I stopped all payments). Argos however decided to default me in 2014 (7 years after the start of my DMP!!!!). So that is my last remaining debt awaiting statute barred in April 2020.

This is good news about your Statute Barred debts

From what you say maybe Argos was wrong to default you seven years after you went into a DMP because you had clearly defaulted on your contractual payments at that point (entering into a Stepchange DMP).

I'll take a look back through your thread to see whether Argos' late default has had a negative impact on your financial situation, and whether there is anything you can/should do about that in due course.

Di

[cymruambyth]

That is brilliant news, well done. Make sure that you keep all the evidence of last payment, acknowledgment of debt and default. It will shock you, but some DCAs are economical with the truth and have been know to ignore the law!!!!!!

There is a SB letter in the templates if needed.

[jassasblue]

Well, I can't believe it, I have passed the statute barred date for all of my debts apart from just the one, my last payment to all creditors was 16/12/2013. I was in a DMP with Stepchange from 2007 and after becoming fed up with rising balances I stumbled across the UE route in 2013 (then I stopped all payments). Argos however decided to default me in 2014 (7 years after the start of my DMP!!!!). So that is my last remaining debt awaiting statute barred in April 2020.

I suppose the pressure is off a little now, although I don't know what to do if I receive letters for payment, I'll ask when that happens.

I can't believe how the 6 years have flown by, I couldn't have done it without the help of this forum and the fantastic advice received. Stay positive everyone, I never thought I'd be writing this status, I would still have been with Stepchange. Finally, the most mahoosive thank you to everyone who has kept me on track, Happy Christmas everyone :-)

[stuckinarut]

Resolvecall just visited my property, unfortunately my Mum answered the door and told the guy I lived here, she called me in from the garage. I refused to answer any of his security questions and told him to leave, he handed me a letter, which is merely a request to ring their Head Office. I'm going to ignore this.

Just checked my last payment dates to all of my Creditors as I've put 25/12/13 on all my posts, Stepchange correspondence shows 16/12/13 so not long until statute barred. Sadly Argos defaulted me after I had paid 5 years with Stepchange and then decided to pursue UE!!. I know Di Mayhew said my statute barred is 6 years to the default date now, I'm going to sit tight and hope that they don't issue court papers, they've never issued my credit agreement as they couldn't find it.... fingers crossed, April 2020 can't come soon enough,

April 20 20 is just around the next corner. (not long now)

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Argos

Type of account Store Card
Date commenced 16/11/2004
Approx balance £1590.23
Date last paid DMP 16/12/2013
Are you on arrangement or not paying DMP
Status Default on credit file 06/04/14

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
20/01/14 No response yet
29/01/14 Agreement received (21 pages of small print) emailed to Niddy

Niddy says ignore

03/02/14 Missing PT's template sent
14/02/14 Letter received from Argos - Unfortunately we are unable to locate the signed copy of your agreement. We make no admissions whether or not the agreement was actually signed by yourself and reserve the right to undertake a more thorough search should it become necessary for us to enforce the agreement in court. We accept that unless we are able to locate the signed agreement or otherwise prove that it was signed by you it is unenforceable against you.

Finally after 6 years it looks like I'll get a default, this letter is very safe

25/02/14 Default notice received from Argos and notification saying DCA to be assigned. Argos never stopped the interest during my DMP, in fact I owe more now after 5 years of DMP than when I started!!!!

26/03/14 Letter from FRS Financial Recovery Services Letter, Pre Litigation Warning,
29/03/14 SWID sent
03/04/14 Letter from FRS - Notice of Intended Recovery, threatening they may refer for a home visit or legal action to obtain a CCJ - I think this has crossed with the SWID letter so ignored
01/05/14 Letter from FRS - they are delighted to offer me a settlement opportunity of minus 20% - ignored!
12/05/14 Letter from FRS - asking me to call to make payment - ignored!
24/05/14 Letter from Moorcroft Debt Recovery they are now collecting the balance, request I ring to make arrangement to pay.
03/06/14 Letter from Argos responding to my SWID 29/3/14 - They confirm that they are unable to locate my credit agreement as they have previously notified me. However they do not accept that the agreement is unenforceable and they have sent me a statement, they are to continue with Debt Collection activities. Good luck with that then Argos!
12/06/14 Letter from Moorcroft, chasing payment and notifying me that they intend to arrange a doorstep recovery visit, consider legal action and adverse entry on my credit file - ignored
25/06/14 Letter from Moorcroft - monthly instalment offer - ignored
11/07/14 Letter from Moorcroft - Commencement of legal action by external solicitors
15/07/14 Letter sent to Moorcroft Template Threat Received - Standard Threat-o-Gram sent
06/08/14 Letter from Moorcroft - requesting payment or threat of further debt recovery action - ignored
06/08/14 Letter sent to Moorcroft - SWID
17/08/14 Letter from Moorcroft - Account on hold until they contact Argos
04/09/14 Letter from Moorcroft - Argos confirm they wrote to me 12/02/14, 26/04/14, 30/05/14, Argos advise the balance is now payable to Moorcroft. What they fail to mention is they can't find my credit agreement!!!!
22/09/14 Template confirming no CCA & copy of letter from Argos sent to Moorcroft
02/10/14 Letter from Moorcroft, account returned to Argos, they are no longer dealing.
27/10/16 Letter from Moorcroft - they are acting as a collection agent for Argos - ignored
12/11/16 Letter from Moorcroft - threatening further action if I don't respond either a home visit, legal action by Solicitors or an adverse entry on by credit file (hmm there's already a default showing from 2014!) - ignored
10/12/16 Letter from Moorcroft, threatening further action if I don't respond by 13/12/16
13/12/16 Letter sent with a copy of the letter I sent on 22/09/14
28/12/16 Letter received from Moorcroft, account closed on their system, it is in the process of being returned to Argos following my letter 13/12/16 - result!
19/01/17 Letter from Fredrickson, Argos instructed them to contact me regarding payment of the account, all communication to be sent to them, request to contact for payment and balance increased now £1726.35
10/02/17 Letter from Fredrickson, requesting payment or further action
11/02/17 SWID sent to Fredrickson
24/02/17 Letter from Fredrickson, account on hold, information requested from Argos
15/03/17 Letter from Fredrickson account still on hold while Argos investigate
21/03/17 Letter received from Argos, they are requesting a £1.00 fee for the CCA, do I send this? I sent a SWID to Fredrickson. - ignored as per advice
09/04/17 Letter from Fredrickson, account on hold while Argos dealing, I haven't sent the £1 for CCA as I did this in 2014
07/05/19 Letter from Argos Card, they have sold the debt to Arrow Global Limited on 27/02/19, also in the same envelope letter from Arrow Capquest stating the balance is now due to them and requesting payment - ignored
19/09/19 Letter from Capquest, They are instructing Resolvecall to visit my property if I do not contact before 02/10/19 - ignored

Resolvecall just visited my property, unfortunately my Mum answered the door and told the guy I lived here, she called me in from the garage. I refused to answer any of his security questions and told him to leave, he handed me a letter, which is merely a request to ring their Head Office. I'm going to ignore this.

Just checked my last payment dates to all of my Creditors as I've put 25/12/13 on all my posts, Stepchange correspondence shows 16/12/13 so not long until statute barred. Sadly Argos defaulted me after I had paid 5 years with Stepchange and then decided to pursue UE!!. I know Di Mayhew said my statute barred is 6 years to the default date now, I'm going to sit tight and hope that they don't issue court papers, they've never issued my credit agreement as they couldn't find it.... fingers crossed, April 2020 can't come soon enough,

[Joanna Connolly Solicitors]

Thanks Di, I shall just sit tight then, does that mean my SB wouldn't be until April (the date of the default?)

I'm afraid so.

All the more reason to keep your head down.

Di

[jassasblue]

There is a template letter that could be sent saying you do not give permission to call, BUT, Resolvecall, seem to think it doesn't apply to them and turn up anyway.
if your at home when they call don't open the door, or if you do just say goodbye and shut the door..
If your not going to be at home. Ignore the letter, they are only going to try and get you to contact Capquest, to arrange a repayment plan,
The idea of the visit is to,
1 prove you live there.
2 get you to admit the debt is yours
3 set up an arrangement to pay
They have no power to do anything else or talk to anyone else about it.

so if anyone's at home and they call and ask for you, they just say " not here" and shut the door, or don't open it at all.

Nightwatch, thank you for your reply, that's very helpful - Julie x