commit2change UE diary

[commit2change]

Hi

So after a couple of years on a DMP I've decided to have a look at challenging these debts as being UE - I don't feel like I've made a dent in the debts and I'm hacked off at the way I'm being treated as I'm actually trying to pay them off.

I've read a bit of the forums so decided to start a diary for advice.

I'll be sending out the CCA request letters on Saturday 18th Jan 2014 - first day I can get to the post office.

Key:
Stuff I have done
Stuff the evils peeps have done
Helpfuls stuff from others

[commit2change]

HSBC - now with Capquest

HSBC ref: 0588
Credit card debt
Opened Sept 1998
Balance £6000
Last full payment Aug 2011
On DMP last payment Jan 14
In default date 8/11
IDEM are the people I talk to / send payments to. ref: 9010
Arrow / capquest ref: 242 £5806.57


18/1/14 sent CCA request to Idem with PO. Missed last post so will get sent Monday 20/1, 2nd class recorded. signed for 21/1
15/2/14 Received CCA - Apparently I got my own DOB wrong and knew where I would be living in 2003 when I signed the form in 1998 - how very clever of me. Only name, address and wrong DOB. No signature or other details on the cca.
25/2/14 Emailed Niddy the CCA and T&C and letters for him to look at.
6/3/14 Niddy says unenforcable - whoop!
2/5/14 IDEM letter - no payment agreement in place
23/5/14 letter sent to IDEM missing PT
29/5/14 letter from Arden - looking into complaint.
4/6/14 letter from Wescot on behalf of Idem - notice of debt collection - nice scary red letter please contact us
9/6/14 letter from Arden - do not uphold complaint - I guess about misisng T&C's - we supplied with reconstituted copy yadda yadda - pay now.
24/6/14 letter from Westcot offering 25% reduction if I pay now. Ignoring for now
30/6/14 letter from Westcot odd payslip style saying call us now
31/7/14 Letter sent to Westcot - sold in dispute.
30/12/15 letter from Robinson Way please contact blah blah
12/01/16 Letter sent Robinson Way - sold in dispute
21/01/16 Account sold to Arrow on 30/11/15
20/01/16 Arrow - we now own the account
02/02/16 Capquest we are managing on behalf of arrow, please contact us
02/03/16 Capquest please contact us
31/03/16 Letter from Capquest please contact re Arrow acc
10/04/16 Letter sent Capquest - sold in dispute
13/04/16 Capquest settlement offer
30/04/16 Capquest - we have requested the docs
06/09/16 Capquest statement from IDEM
19/9/16 Letter from Capquest containing CCA - same as received in Feb 14 so still UE.
10/10/16 Letter sent Capquest -Misng T&C's
27/10/16 Capquest - requested inform from Arrow to be sent in due course
08/02/17 Letter from Arrow with Statement of accounts £5807.56
28/06/17 Arrow - Change of agency to NCO
28/06/17 NCO - account with our resolve department
01/09/17 Letter sent NCO - sold in dispute
17/04/18 NCO - account with our resolve department
06/07/18 NCO - account with our resolve department
05/08/18 Letter sent NCO - sold in dispute
06/07/18 NCO - please contact us
28/09/18 Letter sent NCO - CCA request - why not, lets see if they actually check it before they send it to me.

[commit2change]

Barclaycard Now with Link

Barclaycard ref: 0004
Credit card debt
Opened March 2001
Balance £4800
Last full payment Aug 2011
On DMP last payment Jan 14
finally in default 6/14
Link are the people I talk to / send payments to. Ref: 9514 £4694.09


18/01/14 sent CCA request to Link with PO. Missed last post so will get sent Monday 20/1, 2nd class recorded. signed for 21/1
03/02/14 received letter saying we don't have CCA, requested from Barclaycard may take 30 days.
17/06/14 letter from IDR finance notice and demand that if I fail to pay arrears within 7 days agreement will be terminated and full balance due.
25/06/14 Letter sent to IDR - sold while in dispute
01/07/14 Letter received from Link - thought I'd received CCA from Barclaycard dated 6/3/14 - please let us know what you have received.
02/07/14 Letter sent to Link saying I have received nothing from Barclaycard at all - still in dispute etc.
20/08/16 Account is in dispute with barclaycard
1/12/16 Letter from link offering monthly payment plan
1/12/16 Account is dispute awaiting CCA request.
10/07/18 Letter from link please contact us
25/07/18 Letter from link please contact us
01/08/18 Letter sent to Link - sold in dispute
05/08/18 Letter sent to Link - Sold in dispute
15/08/18 Letter from link looking into complaint
17/09/18 Letter from link offer to pay 90% in installments
26/08/18 Letter sent to Link - CCA final response, I have never recived a CCA

[commit2change]

Halifax CC - sold to Lowell

Halifax - 0949 also 0588
Credit card debt
Opened Aug 2005
Balance £7700
Last full payment Aug 2011
On DMP last payment Jan 14
In default date 8/11
Moorcroft debt recovery are the people I talk to / send payments to. - CLIENT REF 0588 / MOORCROFT REF: 4555
CapQuest have take over - ref: 8771
LoweII taken over 24/11/15 - ref: 591 £7489.31, new ref 188


18/1/14 sent CCA request to Moorcroft with PO. Missed last post so will get sent Monday 20/1, 2nd class recorded. signed for 21/1.
3/2/14 Received letter and PO back and I need to send it direct to Halifax - will do asap.
4/2/14 Sent CCA request directly to Halifax with PO. 2nd class recorded.
12/2/14 letter received asking me to contact them to discuss plan - odd since technically I'm still on a DMP with them.
14/2/14 phone call received - I refused to give details and asked for them to only contact me in writing - I won't discuss over the phone please take my number off your system (as I asked previously at start of DMP)
24/2/14 Received CCA and T&C from Halifax - looks annoyingly correct. :-(
25/2/14 Emailed Niddy with CCA, T&C and letter.
6/3/14 Niddy says enforcable :-( but going to spin it out and save for a F&F
28/4/14 Moorcroft letter passed to home collections etc
23/5/14 letter sent to Moorcroft - missing PT
5/6/14 Moorcroft letter - We are no longer responsable for collection -passed back to Halifax.
6/6/14 Halifax letter - passing debt on to CapQuest
14/6/14 CapQuest letter - we now have the account, please contact us
25/6/14 letter sent to CapQuest - sold while in dispute
02/01/15 Letter sent from Halifax - sold to LoweII Portfolio eff 24/11/15 new acc no: 591
28/01/16 Lowell we now own account please contact us
16/01/16 Lowell - repayment options letter
15/03/16 Lowell Haven't heard from you
29/3/16 Pre-legal assessment letter - intend to take legal action if no contact made by 12/4
10/04/16 Letter sent to Lowell - sold in dispute
11/04/16 Lowell - Pre-legal assessment letter
21/04/16 Lowell - requested info from Halifax
22/04/16 Lowell - requested info from Halifax
02/06/16 Lowell - requested info from Halifax
06/01/17 Lowell accout remains unpaid plus annual statement
23/01/17 lowell - account remains unpaid
23/03/1 Lowell - offer to close account for £4493.49 (40% discount)
12/04/17 Pre-Legal assessment letter from Lowell - shall we transfer to solicitors?
I have sent letters but need to check on my work computer for the dates send - some sent in March I think
16 /05/17 LBA2016 letter sent as per advice

16/05/17 - We've sent everything in the past and give me 30 days to respond.
26/06/17 - Lowell - we haven't heard from you
09/03/17 - Lowell sols - letter of claim, pay or reply within 30 days or we begin court proceedings.
28/02/18 - Lowell financial - account passed to our sols as we haven't heard from you.
09/0318 - Lowel sols - letter of claim - t states it's from Lowell solicitors, called a letter of claim and includes an info sheet, reply form and financial stmt form. They write to inform me that they intend to issue proceedings against me in the county court. the letter is sent out in accordance with practice directives, on pre action conduct it states that if they don't receive payment or a response in 30 days they apply to court without further reference to myself
21/03/18 - sent - Threat Received - Litigation Forthcoming letter
1704/18 - Lowells sols sent copy of signed agreement and copy of statement, if no response we will initate the pre action process
1/05/18 - Sent - New LBA Response - 2016
23/05/18 - Lowell financial - account passed to sols

17/07/18 court claim from recieved.

[commit2change]

Halifax Loan - sold to Lowell

Halifax
Loan debt
Opened Jan 2009 - this one could be an issue.
Balance £8000
Last full payment July 2011
On DMP last payment Jan 14
In default date: 7/11
Blair, Oliver and Scott are the people I talk to / send payments to.
LoweII own debt 24/11/15. Ref: **9 £6907.93


18/1/14 sent CCA request to Blair with PO. Missed last post so will get sent Monday 20/1, 2nd class recorded. signed for 21/1
20/1/14 letter received please call us to talk about your account asap - odd as my DMP is actually still up to date. - ignore for now
3/2/14 received photocopy of T&C signed - sent to Niddy but suspect enforceable - but always thought this one might be.
12/2/14 Yep as I thought it is enforceable - will send off missing PT letter and see what happens - may try for a F&F maybe.
12/2/14 Sent off missing PT letter to Blair. didn't enclose copy of T&C as blagging.
24/4/14 moorcroft please contact us
8/5/14 Moorcroft - installment offer £120/month
23/5/14 Sent missing PT letter to Moorcroft - stalling
29/5/14 Moorcroft -we are looking into this matter and will not try to collect until it is resolved.
30/5/14 Hallifax statment - including note about missed payments
2/1/15 Halifax - sold debt to LoweII Portfolio, new ref: 279
03/07/15 Moorcroft monthly instalment offer
28/01/16 Lowell - new owners please contact us
16/02/16 Lowell - repayment options letter
15/03/16 Lowell - account overdue please contact us
29/03/16 Lowell - pre-legal assessment letter
10/04/16 Me - Account sold in dispute
11/04/16 Lowell - Pre legal assessment letter
22/04/16 Lowell - we have requested documents
02/06/16 Lowell - waiting on documents
12/10/16 Lowell - received documents will send separately
12/10/16 Lowell - copy of Halifax agreement
10/11/16 haven't heard back after recent docs -please contact.
25/11/16 Lowell please contact us
01/12/16 Sent letter - did not comply with CCA missing prescribed terms
26/01/17 - Lowell we have fulfilled request for docs please contact us
27/01/17 Lowell please contact us
13/02/17 Haven't hear back please contact us - Lowell
13/05/17 Pre legal assessment letter
16/05/17 LBA2016 letter sent as per advice


30/05/17 THEY HAVE CANCELLED MY DEBT!!! I'm in shock - total shock.


I have sent letters but need to check on my work computer for the dates send - some sent in March I think

[commit2change]

Barclays overdraft

Barclays
Overdraft debt
Opened 2001
Balance £1300
Last full payment March 2011
On DMP last payment Jan 14
In default date: 3/11
Barclays are the people I talk to / send payments to.


18/1/14 sent CCA request to Barclays. Missed last post so will get sent Monday 20/1, 2nd class recorded.
28/1/14 received text message - we have received complaint (?) and will contact you shortly.
29/09/14 Buchanan Clark & Wells - offer of settlement 60% to pay

[MrsD]

Re: Committed2Change UE diary

Ok welcome to AAD

Once you start getting replies to your CCas come back and we'll help you work out what to do next.

Have you actually stopped the DMP or are you still paying?

[commit2change]

Re: Committed2Change UE diary

Ok so there it is in all it's horrible truth. I also have a couple of student loans on my DMP - but I'd keep paying them as they are a separate issue.

I hope I have done the layout ok and it makes sense.

My first question is should I keep paying the DMP, after all my credit is already wreaked and my next payment isn't due until the 10th Feb, it makes sense to me to wait and see what they do with the CCA requests before messing up my DMP payments.

Though to be honest Link can kiss my ass as they refuse to default my account - leaving me in a terrible position when I finish my DMP as it will be another 6 years for those 6 payments in arrears notices to drop off my credit score. I did write to them but they refused to default me - should I try again?

Anyhoo any help or comments will be gratefully appreciated.

Many thanks

[commit2change]

Re: Committed2Change UE diary

MrsD

I'm still paying my DMP - next payment isn't due until the 10th Feb. So I have some time to decided what to do with that.

[Never-In-Doubt]

Re: Committed2Change UE diary

Though to be honest Link can kiss my ass as they refuse to default my account - leaving me in a terrible position when I finish my DMP as it will be another 6 years for those 6 payments in arrears notices to drop off my credit score. I did write to them but they refused to default me - should I try again?

We were discussing this earlier - see here --> http://forums.all-about-debt.co.uk/s...-on-my-account

However if you are on any formal arrangement to pay then they will not necessarily and do not have to, default you. Sometimes it is best to let them default you by not doing any dmp and only once all defaults are registered would you commence any dmp (if ever)...!

Im not a fan of DMP's - you really don't need to use these firms, do it yourself as easy as pee

[Never-In-Doubt]

Re: Committed2Change UE diary

Doh it seems you have been doing a self managed dmp anyway based on you paying the firms direct hence you might be best cancelling the payments, why bother paying - even if they're EN we can still blag it for a year or four

[commit2change]

Re: Committed2Change UE diary

Thanks for that thread link. I'll hold off until I get a reply / get ignored regarding the CCA. As I assume it will default if the debt is UE and I stop paying it and I have to wait 6 years after that anyway.

If it isn't UE then I'll look at it again.

[commit2change]

Re: Committed2Change UE diary

Doh it seems you have been doing a self managed dmp anyway based on you paying the firms direct hence you might be best cancelling the payments, why bother paying - even if they're EN we can still blag it for a year or four

Sorry no no I'm with stepchange for my DMP. I don't think I worded it clearly. But at least they aren't a fee charging dmp company.

The who I'm paying refers to who holds the debt now.

Do I send the CCA request to the original creditor or who has the debt now?

[odetter]

Re: Committed2Change UE diary

I agree, they've been cash cowing you for years.
Save the money for the battle ahead.

[Never-In-Doubt]

Re: Committed2Change UE diary

You normally CCA whoever has the debt now, so the DCA taking payment from you. If you pay the bank direct CCA them direct.

CCCS (now stepchange) may not be fee based but they ARE paid for by the banks, by way of funding, so impartiality is a load of bollocks sadly. Ask several users her who paid into one of their DMP's for many years only to find at the end the bank want interest or some other crap excuse to either wash their hands of you or leave you up the swanny.

Deal direct then you file all letters and you have a copy of what was genuinely agreed so if the bank write to you and say we're happy to take £1pm for 20 years with no interest then you have the evidence. Leaving it stepchange isn't the wisest choice as many are finding out, and some have already found out.

What we do here is to teach you how to play the game and fight your way past the SB winning line, to have a clean credit file so that you've only been impacted for really 6years in total, not from X, Y or Z. Usual pattern would be send a CCA and cease all payments (trust me here) as this gets their attention. Then dependant what they respond with, in respect of the s.77/78 requests depends on the next move but even enforceable debts can be haggled with to the point you make an offer using the dmp cash you've saved by not paying and/or crawl over the SB line still arguing.

Our system works, it's very achievable and best of all YOU stay 100% in control from day one.