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  • #1

    ashling's unenforceability diary

    HBOS CREDIT CARD


    Type of account (credit card)


    Date commenced (May 2003)


    Approx balance �728


    Date last paid (2/3 months before June 2009)


    Are you on arrangement or not paying not paying


    Status (default)


    Account owner (Lowells and now with Bryan Carter)

    Over the years this has been passed around various DCA's but have not kept any paperwork.

    23/4/2014 Letter from Bryan Carter they have received instructions to issue court proceedings if payment not received by 7/5

    26/4/2014 Sent a reply to the LBA asking for documents to Bryan Carter
    26/4/2014 Sent a CCA request to Lowells copy to Bryan Carter

    10/5/2014 Letter from Bryan Carter noting I have requested documents but I should contact them by 30th May with payment proposals.

    Waiting for advice on what to send next had opened a previous thread.
    Tags: 1st, 1st credit, account, accounts, act, advice, arrangement, bank, bank account, bryan carter, card, cca, cca request, claim, con, court, credit, credit card, date, dca, dca's, debt, default, delay, email, eye, financial, halifax, hbos, holidays, information, letter, letters, list, loan, loans, lost, lowells, niddy, o/d, on hold, overdraft, overdrafts, pay, sar, stay, template, unenforceability, useless, working
  • #2
    Re: ashling's unenforceability diary

    I'd just sit tight for now they are in default of your CCA request.......
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: ashling's unenforceability diary

      ok Deepie will do thanks

      Comment

      • #4
        Re: ashling's unenforceability diary

        SHOP DIRECT/PHOENIX RECOVERIES


        Type of account (catalogue account)


        Date commenced (1999)


        Approx balance £483


        Date last paid (no records so no idea)


        Are you on arrangement or not paying (not paying)


        Status (default)


        Account owner (Arrow Global/Drysdenfairfax solicitors)

        1/4/14 letter from Arrow Global they are transferring my account to Drysdenfairfax solicitors.
        25/4/14 letter from DF solicitors I have failed to pay I must contact them within 7 days
        7/5/14 letter from DF solicitors I must submit proposals or they will issue legal proceedings.
        11/5/14 wrote to them asking them to prove the debt and send me paperwork
        19/5/14 letter from them I can send the £1 fee to get a CCA.
        Need advice on this one please. I think it was closed in 2006. It may be statute barred but I am not 100% as don’t have any paperwork. Is it best to send a CCA request or a statute barred letter ? How could I prove it is statute barred ?

        Comment

        • #5
          Re: ashling's unenforceability diary

          Originally posted by ashling View Post
          SHOP DIRECT/PHOENIX RECOVERIES


          Type of account (catalogue account)


          Date commenced (1999)


          Approx balance £483


          Date last paid (no records so no idea)


          Are you on arrangement or not paying (not paying)


          Status (default)


          Account owner (Arrow Global/Drysdenfairfax solicitors)

          1/4/14 letter from Arrow Global they are transferring my account to Drysdenfairfax solicitors.
          25/4/14 letter from DF solicitors I have failed to pay I must contact them within 7 days
          7/5/14 letter from DF solicitors I must submit proposals or they will issue legal proceedings.
          11/5/14 wrote to them asking them to prove the debt and send me paperwork
          19/5/14 letter from them I can send the £1 fee to get a CCA.
          Need advice on this one please. I think it was closed in 2006. It may be statute barred but I am not 100% as don’t have any paperwork. Is it best to send a CCA request or a statute barred letter ? How could I prove it is statute barred ?
          I'd send the SB letter if it were me......
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: ashling's unenforceability diary

            Ok thanks Deepie will get that sorted and sent off Tuesday. Is it worth posting another debt I have that no-one seems to be chasing at the moment ?

            Comment

            • #7
              Re: ashling's unenforceability diary

              Originally posted by ashling View Post
              Ok thanks Deepie Is it worth posting another debt I have that no-one seems to be chasing at the moment ?
              Not really.....If they start chasing than post up some details......
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: ashling's unenforceability diary

                Ok will do. I do have another problem that I feel I am going to start getting grief about soon. I have a student loan that is not being repaid as is an income contingent one and am not working. But there is part of it they say is an overpayment and they were so agressive trying to collect this before that I ended up paying £20 per month. I have cancelled this months payment so expect they will chase soon and I would like to be prepared. Does anyone have any idea how I could tackle a student loan as don't think a CCA request will do? Just want to be prepared as I am a worrier and am actually losing sleep over all this crap now. The student loans actually phoned my mother in Ireland about that debt which was very embarrassing

                Comment

                • #9
                  Re: ashling's unenforceability diary

                  Correct. CCA does not apply to the income contingent loans you got if you started your course from Sept 1998 onwards.

                  May be a student loan but even they can't insist on what you haven't got. How much are we taking about here?

                  Who is chasing? SLC? Smith Lawson & co? They are both really SLC.

                  Or another debt collector?
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: ashling's unenforceability diary

                    Thanks for reply. Well I am jumping the gun a little bit as no one chasing me yet. In the past it was the SLC themselves chasing. I have not paid this month so expecting a letter any day now. I believe it will be about £1400 approx. Just wanted to be aware of my options when they start chasing as in the past they were very aggressive in their methods.

                    Comment

                    • #11
                      Re: ashling's unenforceability diary

                      SLC can be aggressive, but as with anyone chasing you just have to stand firm and only offer to pay what you can genuinely afford and no more. Supporting that with a financial statement if needed.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #12
                        Re: ashling's unenforceability diary

                        Ok will do as you advise. Thanks

                        Comment

                        • #13
                          Re: ashling's unenforceability diary

                          HBOS CREDIT CARD


                          Type of account (credit card)


                          Date commenced (May 2003)


                          Approx balance �728


                          Date last paid (2/3 months before June 2009)


                          Are you on arrangement or not paying not paying


                          Status (default)


                          Account owner (Lowells and now with Bryan Carter)

                          Over the years this has been passed around various DCA's but have not kept any paperwork.

                          23/4/2014 Letter from Bryan Carter they have received instructions to issue court proceedings if payment not received by 7/5

                          26/4/2014 Sent a reply to the LBA asking for documents to Bryan Carter
                          26/4/2014 Sent a CCA request to Lowells copy to Bryan Carter

                          10/5/2014 Letter from Bryan Carter noting I have requested documents but I should contact them by 30th May with payment proposals.

                          Waiting for advice on what to send next had opened a previous thread.

                          29/5/14 Sent letter to Bryan Carter reminding him of my CCA request with Lowells.

                          Comment

                          • #14
                            Re: ashling's unenforceability diary

                            SHOP DIRECT/PHOENIX RECOVERIES


                            Type of account (catalogue account)


                            Date commenced (1999)


                            Approx balance £483


                            Date last paid (no records so no idea)


                            Are you on arrangement or not paying (not paying)


                            Status (default)


                            Account owner (Arrow Global/Drysdenfairfax solicitors)

                            1/4/14 letter from Arrow Global they are transferring my account to Drysdenfairfax solicitors.
                            25/4/14 letter from DF solicitors I have failed to pay I must contact them within 7 days
                            7/5/14 letter from DF solicitors I must submit proposals or they will issue legal proceedings.
                            11/5/14 wrote to them asking them to prove the debt and send me paperwork
                            19/5/14 letter from them I can send the £1 fee to get a CCA.

                            Need advice on this one please. I think it was closed in 2006. It may be statute barred but I am not 100% as don’t have any paperwork. Is it best to send a CCA request or a statute barred letter ? How could I prove it is statute barred ?

                            28/5/14 As per Deepie's advice have posted the statute barred letter to Drysdens

                            Comment

                            • #15
                              Re: ashling's unenforceability diary

                              sorry double posted
                              Last edited by ashling; 29 May 2014, 13:36. Reason: sorry double posted

                              Comment

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