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  • linnite
    replied
    I've had a couple of discount for settlement letters, entries updated on p1.

    I think I like this approach of only doing CCA if they go to a LBA. IANAL but I'm wondering if this might now be the best strategy for most people, in the new world of the protocol? You know nothing can happen too suddenly, and you have time to do a CCA in response in a considered fashion.

    Anyway, main reason for post is I wish there was a database on the debt purchasers and DCA's, I just get the idea their behaviour is likely to have patterns and be predictable, at least some of the time.

    To answer questions like:

    What percentage of lenders or debt purchasers who make a discount settlement offer ever go on to litigate? Is a settlement offer an indication they have a weak hand?

    Who are the debt purchasers who buy bad debt with unenforceable CCA's for pennies in the pound? And which firms pay higher but are buying more solid enforceable debts? Or is that not how it works?

    Do the debt purchasers know if the debt is enforceable before they buy it?

    It seems we know which are the most litigious, but is that an indication of their strong position or are they just the firms that think it is the strategy that gets the best results?

    Just wondering!

    Thanks,

    -linnite

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  • linnite
    replied
    Hi Di, thanks, I don't think so re PPI, as I was always very good at saying no to PPI, however I can't say for 100% certain.

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by linnite View Post
    Received a very brief letter from Idem yesterday, dated 19th, saying they will 'endeavour' to provide the CCA within 12 working days.

    So provided I don't receive it by just before the 30 days of the LBA are up, then I just fill in the LBA form, ticking box C and say 'waiting for CCA'. Is that right?.

    This is your debt #4 which is a Halifax credit card opened in 2006.

    In my experience debt purchasers take a long time to come up with credit agreements from Halifax.

    When you send back your Letter Before Claim you should tick Box D to say you dispute the debt giving non compliance with your s 77-79 CCA Request as the reason.

    Don't ask them for any other documents at this stage even though you'll be offered the option to go to Box I to ask for more. You don't want them to find the paperwork they need so that they can issue a claim with all their ducks in a row when they're ready.

    Was there ever PPI on this credit card?

    Di

    Leave a comment:


  • Warwick65
    replied
    I would tick the i do not owe the debt ( I think that's D). You might want to ask for a copy of the agreement. I know you have already asked for the CCA request so you could just say 'Outstanding request under S77-79'

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  • linnite
    replied
    Received a very brief letter from Idem yesterday, dated 19th, saying they will 'endeavour' to provide the CCA within 12 working days.

    So provided I don't receive it by just before the 30 days of the LBA are up, then I just fill in the LBA form, ticking box C and say 'waiting for CCA'. Is that right?

    Thanks all.

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by linnite View Post
    Many, many thanks for all your work here Di.

    PS. I'm in travelling distance to your offices. If it ever comes to that!

    I'll put the kettle on

    Di

    Leave a comment:


  • linnite
    replied
    Originally posted by Diana Mayhew View Post


    So Westcot have given up on you and referred it back to Cabot.

    Who is the actual owner of the debt, is it Cabot Financial (UK) Ltd or Cabot Financial Ltd or maybe MFS? It matters.

    You've no need to respond to last month's "Welcome Back" letter.

    Di
    From the paperwork, it is Cabot Financial (UK) Limited, though one document says Cabot Financial (Europe) Limited.

    Leave a comment:


  • linnite
    replied
    Originally posted by Diana Mayhew View Post


    Who sent you the Letter Before Claim (I assume Idem not a solicitor)?

    You say you received it on 8th June 2018 but you also say it requires a response by 1st July 2018. Pre-Action Protocol says the debt owner must give you 30 days to respond. What's the date on the LBC?

    You've responded by sending them a s 77-79 CCA Request today so let's see how they deal with that curved ball

    If you hear anything update this thread, and if you hear nothing post a reminder of your LBC deadline on this thread a week before to get guidance on how to complete the form.

    Di

    Yes, Idem not a solicitor. Date on letter before claim is 5th June, only on my doormat on the 8th. I realise the 5th is the date that counts but they shouldn't be able to eat into the 30 days sending their letters second class.

    I don't know if I quite timed my CCA letter right after all. I think I will have to have responded to the LBC just before the 12 working days are up. They should receive my CCA first class recorded by Monday, 18th.

    By the way when I ended the DMP I wrote to all the creditors and they will all have my signature if they are attempting to reconstitute CCA's. So today's CCA went out with a £1 cheque not a PO. If using signatures to reconstitute CCA's is very common I won't make a habit of that, but that ship has probably already sailed, sadly.

    Leave a comment:


  • linnite
    replied
    Originally posted by Diana Mayhew View Post

    So Moorcroft have given up and HSBC have asked Wescot to start chasing you.

    I note that two HSBC debts may have got merged (amalgamated) at some point which will muddy the waters if they try to enforce this debt in court.

    You say one was an overdraft, but what was the other (credit card or loan)?

    Di
    Overdraft and a big credit card, it's debt number 3.

    Leave a comment:


  • linnite
    replied
    Originally posted by Diana Mayhew View Post


    You need to make up your own mind as to whether you should continue to pay Hoist via Robinson Way.

    Why not send Hoist a s 77-79 CCA Request with a copy of it to Robinson Way to see what comes back. If they can't comply within the statutory time-frame the debt becomes unenforceable until or unless they do comply.

    Once you have established your legal position you can make an informed decision on your next step.

    Di
    Re this and 7 above, yes I am making payments of £10 and £13 a month, for a quiet life and because they were on the ball with me when we ceased the DMP. I need to think about what I do here, there is no real justification to pay these and not the others.
    Last edited by linnite; 15 June 2018, 21:40.

    Leave a comment:


  • linnite
    replied
    Originally posted by Diana Mayhew View Post


    If Link are acting casual then I think you should do the same

    You say you've heard nothing since March so let sleeping dogs lie.

    Did this Barclaycard start life as a Barclaycard in 1999 or could it have been anything else such as Egg or Goldfish or Morgan Stanley Dean Witter etc?

    Di
    Definitely Barclaycard. They were very naughty. Under a DMP they were the only one of 14 creditors to still charge interest, and when the DMP got recalculated and the payment made to them increased, they put up the interest to match so the balance continued not to go down apart from pennies. They also defaulted the account about 5 years into the DMP having kept it listed with the credit reference agencies as arrangement to pay for all that time. I've just had a complaint with Barclays partially upheld about all this with a smallish goodwill gesture payment and an agreement they will remove the default.

    Leave a comment:


  • linnite
    replied
    Originally posted by Diana Mayhew View Post


    If there's been no contact since March then I would enjoy the peace and quiet.

    This debt has been assigned (sold) to a debt purchaser (Link) who may struggle to get a credit agreement since you say you opened the account with Egg ages ago and it would have been taken over by Barclaycard when they bought Egg's credit card business in 2011 so who knows what became of the paperwork.

    Whatever happens never tell Link it was an Egg card because they may not know that so don't give them any clues.

    Do you recall getting a Notice of Assignment when it was sold to Link?

    Di
    I think there is a letter informing me of assignment. Your capitalisation suggests this should be a pretty formal looking document? As a rule all the ones I have aren't, they are just letters in less formal language saying 'we are writing to inform you that we have assigned', not much quoting of Law or what I might have expected....?

    Leave a comment:


  • linnite
    replied
    Many, many thanks for all your work here Di. Where applicable I'll do some replies.

    PS. I'm in travelling distance to your offices. If it ever comes to that!

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by linnite View Post
    Re: linnite's diary

    11. HSBC current account £1000 overdraft taken Nov 1997 this has been sold to Idem and is down to £400 via the DMP. Defaulted Mar 09.

    Jan 2018: stopped paying.

    Mar 2018: Same, down to about £200 now so I could afford to mess this one about and pay off CCJ before 30 days if it came to it.

    June 2018: now with Wescot and very lukewarm letter received. Plan to ignore rather then CCA for now?

    If you've had a lukewarm letter then you can wait until you get something stronger before reacting to Idem

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by linnite View Post
    Re: linnite's diary

    10. HSBC current account £2000 overdraft opened Oct 2003 defaulted Jan 09 and adminsitered by Moorcroft and again not sold AFAIK. Paid down via DMP to £1200

    Mar 2018: Same but it got merged into the other HSBC/Moorcroft debt above so can no longer tell what is owed individually.

    June 2018: I have stopped paying but as far as Moorcroft are concerned this is due to temporary financial difficulties. I expect soon they will re-awaken.

    15th June 2018: passed to Wescot as DCA, still owned by HSBC.
    So Moorcroft have given up and HSBC have asked Wescot to start chasing you.

    I note that two HSBC debts may have got merged (amalgamated) at some point which will muddy the waters if they try to enforce this debt in court.

    You say one was an overdraft, but what was the other (credit card or loan)?

    Di

    Leave a comment:

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