linnite's diary

[Roger]

Thanks again Roger, yes I think I have a decent set of those notices, but no dated envelopes.
Sticking with the DMP at a reduced payment rate was a low risk lower cost option at the time, but you are right if I have been paying against unenforceable debts all this time it was money down the toilet. It's almost like you are suggesting that fighting is the low risk option - because these companies might turn nasty anyway, is that your view?

Let me start by saying we have all been where you are and thinking more or less on the same lines.

But the Consumer Credit Act 1974 is for US! WE are the CONSUMER. The penalty for failure with the Act is varying degrees of UE

The S 77/78 CCA is a Legal Right

Neither you nor I know whether they are or are not UE and the only way we can find out is by a S 77/78 CCA. Only costs a £1 to finds out!!

The filing is taking control of Our Debts so that we can make informed judgements on what is best for Us.
DCA's are NOT doing a public service they are speculating (gambling) on reclaiming part or whole on what are BAD Debts!
Debts which have been written off and often with Tax Benefits to cover Losses.
.
You have started the Diaries so why not begin to flesh these out and take control of your finances, debts and life!

[linnite]

I've just given these a refresh and as you can see one has moved on to a letter before claim which has stimulated some action from me finally.

The others I have mostly stopped paying in Jan and I'm wondering now the countdown to SB is finally underway for these, and I'm no longer giving them money, I'm still tempted to ignore them rather than send CCA's? If I send CCA's it might wake some of them up.

[Joanna Connolly Solicitors]

The others I have mostly stopped paying in Jan and I'm wondering now the countdown to SB is finally underway for these, and I'm no longer giving them money, I'm still tempted to ignore them rather than send CCA's? If I send CCA's it might wake some of them up.

I've taken a quick look back at your diary and can see that you've updated each debt post today so I'll comment on them one at a time since it may not make sense to send a s 77-79 CCA Request to the ones which have fallen silent.

Di

[Joanna Connolly Solicitors]

Re: linnite's diary

1. HSBC consolidation loan £11000 commenced June 07 (D'OH!) defaulted Jan 09 paid down via DMP to £5200. Moorcroft administer this but I don't think it has been sold to them???

Mar 2018: still not sold, still managed by Moorcroft and fairly enthusiatically pursued by them, I've got a real feeling this is enforceable. Down to £4861.

May 2018: not paid them since March, on hold for financial difficulties, expect them to resume contact soon, and I have assumed all along this will eventually need to be paid. Going to leave alone until next contact.

3 June 2018: passed to Wescot as DCA, still owned by HSBC.

13 June 2018, letter asking me to contact them and pay. But the letter is suprisingly lukewarm and unthreatening, I expect one day HSBC will want to pursue this? Will leave alone for now. I remember signing this in branch, it was a big loan, I do suspect they would be able to enforce.

Who says this is enforceable - think Glass Half Full not Glass Half Empty

HSBC may tire of chasing you since you've stopped paying them, and then they'll sell it on, but that could take a year.

You've received a lukewarm and nonthreatening letter so I see no need for you to reply to it. Wait until they turn up the heat.

If you send them a s 77-79 CCA Request now and they realise they didn't scan the credit agreement you might only encourage them to get their act together which is what you don't want to happen.

Di

[Joanna Connolly Solicitors]

Re: linnite's diary

2. Egg card £8000 sold/transfered to Barclaycard. Step Change say I am down to £4900. Account dates back to way before Apr 2007 at any rate.

Oct 2016: Has been resold to Link Financial.

Jan 2018: stopped paying.

Mar 2018 statement letter sent to me. Contains no request for payment. Balance now £4,348.

June 2018: no contact since.

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

[Joanna Connolly Solicitors]

Re: linnite's diary

3. HSBC large c.card £8000 sold to Idem, taken out Apr 03 defaulted Dec 08 paid down via DMP to £4800

Jan 2018: stopped paying.

Mar 2018: Still with Idem and down to £3573. I get very little correspondence from them and they seem to have responded to me stopping payment with sending me an annual statement.

April 2018: Notice of assignment to Hoist, Robinson Way are administering, and letters asking me to start paying.

June 2018: no letters since April, ignoring for now.

I agree that ignoring is the way forward.

From what you say this debt has been assigned twice. Firstly from HSBC to Idem, and then again from Idem to Hoist. If they wanted to enforce this debt in court they would have to prove (with evidence such as the Deeds) the whole assignment chain which could be an uphill struggle for them.

In order to collect a debt the Claimant has to prove that they own it and that they have the legal right to collect it which may produce FCA authorisation problems (or rather lack of) for one of them. More later on that issue.

You'll get several letters from Robinson Way and then it's likely to be escalated to Howard Cohen solicitors. That might be the best time to send a s 77-79 CCA Request.

Make a post if/when you get the next communication (re-quote your original post and add an update is the best way).

Di

[Joanna Connolly Solicitors]

Re: linnite's diary
4. Halifax CC, £6500 originally now £3200 paid down via DMP, taken out Nov 2006 default date Dec 08, Blair Oliver and Scott administer, again don't think this has been sold?

Nov 2016: Sold to Idem, notice of assignment received.

Jan 2018: stopped paying.

Mar 2018: Very little correspondence from them. Now £2,372.

April 2018: letter - passed to recoveries section.

8 June 2018: Received letter before action.

15 June 2018: CCA letter sent. Need to send LBA response by 1st July.

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

[Joanna Connolly Solicitors]

Re: linnite's diary

5. Mint (RBS), £3500, taken out Nov 2005, stopped paying June 2008, for a while they carried on charging interest whilst under the DMP and did not default till Jan 10, I am challenging the default date, still owe £2945, still with RBS group.

Sep 2017: Sold to Cabot and Wescot are managing it.

Jan 2018: stopped paying.

Mar 2018: Have had a very mild chasing sort of letter. Now £2,490.

May 2018: letter saying 'welcome back to Cabot' and asking me to resume paying.

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

[Joanna Connolly Solicitors]

Re: linnite's diary

6. Barclaycard, £4500, goes aaaaall the way back to Jul 1999 this one, they have never defaulted this and it shows on Noddle as an up to date arrangement to pay, they are charging interest too albeit lower rate and we still owe £2900 paid down via DMP.

Jan 2016: This was defaulted pretty soon after the above post and sold to Link Financial.

Jan 2018: stopped paying.

Mar 2018: Link financial seem pretty casual about it all. Received a statement, no request for payment. Now £1,730.

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

[Joanna Connolly Solicitors]

Re: linnite's diary

7. Tesco credit card was £3000 still with them and paid down via DMP to £1700, this has gone off my credit file or was never there. Was probably defaulted though. This will date back to pre-Apr 07.

Mar 2018: Owned by Hoist managed by Robinson Way who do chase for it and I have just set up a fairly nominal payment. £1,290.

Do you mean you are still paying this one even though it's been assigned (sold) to Hoist Portfolio who are using Robinson Way (which they own) as their DCA?

Maybe I've misunderstood your post.

Di

[Joanna Connolly Solicitors]

Re: linnite's diary

8. HSBC credit card, was £3000 now with Hoist Portfolio (sold I think) and default date was Aug 08. Paid down via DMP to £1650. Taken out Sep 2006, this is ace this.

Mar 2018: Still owned by Hoist, managed by Robinson Way, they do chase it and I have set up a nominal payment plan. £1257.

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

[Joanna Connolly Solicitors]

Re: linnite's diary

9. HSBC 'online card' actually HFC bank originally £2200 taken out Dec 2004 and defaulted Aug 08, paid down via DMP to £1350. Still with them AFAIK.

Mar 2018: This one seemed to get written off at some point, they refused the DMP payments.

If you think this debt may have been written off then definitely don't send a s 77-79 CCA Request until things become clearer.

I would send a Subject Access Request (GDPR) to your Debt Management Plan provider (was it StepChange?) so you can get the full history of what went on with your debts while they were running the show on your behalf.

One SAR will cover a request for information on all your debts not just this HSBC one.

Di

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

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

[linnite]

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!