JASSASBLUE - UE Diary

[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]

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]

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]

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.

You’ll probably receive a few more template letters from Robinson Way, but post on your thread if they threaten legal proceedings.

If you believe the debt became Statute Barred only last month (based on your last payment) it might be best to leave it a little longer before telling Robinson Way just to be on the safe side.

When did you make your complaint to the FCA (or did you mean FOS?) about the Default date, since it’s possible that the complaint process acknowledged the debt for Statute Barred purposes?

Di

[Warwick65]

Just reading your last post and you say Barclaycard agreed the default date of 2014 disadvantaged you. To add to Di's caveat of a complaint possibly being seen as an acknowledgement, it could be that RW have in their file a DN date which they may see as the cause of action for limitations. Therefore, I would play dumb and not respond, it isn't as if you don't have enough ammo to defeat a claim but sometimes (and I think this is the case here) less is more. Sit on your hands - a phrase I have to repeat to myself many a time.

[jassasblue]

You’ll probably receive a few more template letters from Robinson Way, but post on your thread if they threaten legal proceedings.

If you believe the debt became Statute Barred only last month (based on your last payment) it might be best to leave it a little longer before telling Robinson Way just to be on the safe side.

When did you make your complaint to the FCA (or did you mean FOS?) about the Default date, since it’s possible that the complaint process acknowledged the debt for Statute Barred purposes?

Di

My apologies, the complaint was to Barclaycard, I have a letter from them dated 13/11/15, with regard to incorrect reporting on my credit file, they uphold my complaint and as a result have removed the default (the account actually defaulted at the start of my Stepchange plan in 2007).

The same letter also states they've looked into the compliance of my request for the CCA, they are unable to support this part of my complaint as they replied previously 28/01/14 stating they are unable to provide a copy of the terms of my credit agreement and therefore they are prevented from enforcing this debt.

Does my complaint about incorrect reporting change the SB date? I sent the missing PT letter and also complained about the incorrect reporting on my file.

I haven't received letters for a long time, I have no idea why but my stress levels are through the roof over this, I thought I could finally celebrate passing the 6 year mark.

Thanks for all of your replies - Julie

[nightwatch]

And breath in, hold, breath out, think calm thoughts,

Hoist/ RW have a few of my accounts, they are also. like yours, SB. plus I have the UE letters from Hoist.

I have not informed them of this as I am Billy no mates and would miss their attempts at getting me to " log on to their Guru guide to money management"
along with their "first come" discount offer, or, £10 back when you set up a repayment plan on line,
I think I have had all the template letters they had, so await to see what "New " and "tempting " offer they try next,

As for SB try holding out for as long as possable passed the "sell by date" and don't stress, you have us in your corner.

Enjoy your weekend NW x

[jassasblue]

And breath in, hold, breath out, think calm thoughts,

Hoist/ RW have a few of my accounts, they are also. like yours, SB. plus I have the UE letters from Hoist.

I have not informed them of this as I am Billy no mates and would miss their attempts at getting me to " log on to their Guru guide to money management"
along with their "first come" discount offer, or, £10 back when you set up a repayment plan on line,
I think I have had all the template letters they had, so await to see what "New " and "tempting " offer they try next,

As for SB try holding out for as long as possable passed the "sell by date" and don't stress, you have us in your corner.

Enjoy your weekend NW x

Nightwatch, thank you for your kind words, I'm trying to sort out my credit file along with my mortgage and I guess I've just had one of those weeks, when worry takes over. have a lovely weekend too, and I will be forever grateful to this forum and group for the advice, don't know what I'd do without you all xx

[Warwick65]

We all have those weeks I know I certainly do. Yes it is possible those letters could change the SB date but only if RW and Houst? Know about them. I remember one account where I had written some pretty colourful letters clearly acknowledging the debt. However, the debt was sold on, I received lots of phone calls and discount offers and is now well and truly dead. Another 15k Cabot won’t get along with 4 k on tbs cards and some others. Oh how my hear bleeds

Chin up, we are here

[Joanna Connolly Solicitors]

I guess I've just had one of those weeks, when worry takes over. have a lovely weekend too, and I will be forever grateful to this forum and group for the advice, don't know what I'd do without you all xx

You'd probably worry a lot more

Post up whenever you have a wobble.

Di

[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 UPDATE Removed April 2020 due to age

NOW SB - April 2020

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
13/10/19 Letter from Resolvecall acting on behalf of Capquest, they are sending a representative to my property - ignored
31/01/20 - Yearly statement received from Arrow Global - ignored

Woohoo, another one bites the dust, default date 06/04/14 - they removed it bizarrely two weeks ago from my credit file.

This is now SB - last payment Dec 13 and the default date has passed, all that panicking in January and it's finally SB. Huge thanks to everyone who advised me "post Xmas panic" with this !!!!

[Warwick65]

Great news that it is now SB. If my advice is worth taking, keep your head down and do not respond to any letters unless you have to. You may still get letters - I even got an email from a bank about Covid 19 even though there is an outstanding SB overdraft.

[Still Waving]

You probably will continue to get the occasional letter. I am still receiving periodic letters on two or three of my accounts which have been SB for more than 18 months. They haven't contained any serious threats (they are more like half-hearted begging letters). I haven't responded to any of them, and it all goes quiet again for a while.

[Roger]

Mine are SB but as Warwick65 pointed out a while ago no telling with perhaps some earlier correspondence might be interpreted as admitting the debt! Especially prior to joining AAD. I have seen plenty of evidence that DCA's are well aware of SB dates!
So best to take the worst case scenario and simply record file and ignore!

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Debt Managers Ltd, previously Next

• Type of account Next Directory Store Card
• Date commenced 25/11/2002
• Approx balance £601.00
• Date last paid DMP 13/12/2013
• Are you on arrangement or not paying DMP
• Status Default 02/10/2009 UPDATE October 16 - Default Removed due to age

NOW SB - December 2019

Letter Sent
Letter Received

03/01/14 CCA Letter sent
11/01/14 Agreement received from Next
11/01/14 Email to Niddy
11/01/14 Email from Niddy agreement UE :-) Next course of action: http://www.all-about-debt.co.uk/old/...escribed-terms
16/01/14 PT letter sent
16/01/14 Another agreement received from Next same as 11/01/2014 - only difference they say balance £201.15 instead of £601.16
20/01/14 Letter received from Debt Managers Ltd enclosing agreement and asking for payment - ignored as crossed with PT Letter 16/01/14
18/03/14 Letter received from Debt Managers Ltd chasing for payment, they have contacted Stepchange who inform account closed!
27/03/14 Letter received from Parkgate Investigation Bureau (division of Debt Managers) chasing for payment - ignored
10/04/14 Letter received from Scotcall - Impending Debt Collection Visit
11/04/14 SWID sent
18/05/16 Email from Next they are preparing to sell the debt to a DCA - ignored
25/11/16 - Notice of Assignment received from Debt Managers (Services) Ltd, they have bought the debt from Next and chasing payment - ignored
Daily emails received from Debt Managers asking for payment - all ignored
13/12/16 Letter received from Debt Managers Ltd, I've failed to respond to their attempts to contact them, the next course of action is a referral to their solicitors to commence legal action or a home visit by their external agents
10/01/17 SWID sent to Debt Managers Ltd
21/01/17 Letter from Debt Managers Ltd, info requested from Next, account on hold
10/03/17 Letter from Debt Managers Ltd, account still on hold, no response from Next!
25/09/17 Letter from Debt Managers Ltd, (I've ignored monthly one's since March 17), they state Next Directory are unaware of any dispute on this account and haven't received any contact from me at all. They have enclosed a copy of my Credit agreement (the same one I have had twice before in 2014) also they have attached a statement, only they haven't attached mine, the one I have belongs to a chap down South (full details from them too) and not mine!!!!
01/10/17 Copy of SWID 11/04/14 sent with a one liner of their acknowledgement
20/02/19 Letter from Debt Managers (Services) Ltd - they've written several times but I haven't been in touch to agree a payment plan....- ignored!
01/03/19 Letter from Debt Managers - copy of GDPR changes - ignored
07/03/19 Letter from Debt Managers - Asking me to get in touch to make arrangements to pay - ignored
22/03/19 Letter from Debt Managers - offering discount if I pay in full - ignored

This is now statute barred, letter received offering me 80% discount, should I just sit back and ignore, or do I send the SB letter?

On a separate note, I've sold my house and looking to move in the next 3 months, as all my debts are now SB, do I write and provide my new address? My mail will be on redirect with Royal Mail anyway - thoughts lovely people?

Thanks - Julie