linnite's diary

[linnite]

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....?

[linnite]

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.

[linnite]

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.

[linnite]

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.

[linnite]

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.

[linnite]

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.

[Joanna Connolly Solicitors]

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

[linnite]

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.

[Warwick65]

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'

[Joanna Connolly Solicitors]

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

[linnite]

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.

[linnite]

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

[Roger]

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

How Long is a piece of STRING?
Every Case is different and the Law changes over time. The best advice is get your ducks in a row.
Sending for the CCA is a starting point because you are covered by the CCA 1974 LAW!

[MisterK]

I'm inclined to agree with Roger. Putting aside the amount of time and effort required to collect all that information it could easily become out of date very quickly and you could find yourself making decisions on old information. Not only that but if the DCA's etc became aware of the database and/or had access to it then I can see how they could use it to their advantage, making the exercise self-defeating. I would also question whether it would be a good idea to make such a database freely available. You never really know what new problems that might bring.

I believe the only way is to take every case on an individual basis as Roger implies and Di Mayhew has stated on many occasions. Then you apply everything you have learnt here to get the best outcome for each one.

So it's down to the individual to do the work and follow the process. This works only for the relatively small number of people who are lucky enough to be here and willing to take on the learning curve. On reflection that might be just as well.

[linnite]

Yes I can see actually, having a visible database could be revealing OUR hand! Thanks to both of you for the answers.