StressHead's UE Diary

[StressHead]

Re: StressHead's UE Diary

It means they can still enforce the debt by issuing a claim. Who was your DMP with?

A company called Grass Roots - they ended up being investigated. Have you heard of them?

Should I not have updated my address? I'm starting to worry again now!
Also, is it ok for me to update my surname with Experian to my married one?

[Pixie]

Re: StressHead's UE Diary

It means they can still enforce the debt by issuing a claim. Who was your DMP with?

[StressHead]

Re: StressHead's UE Diary

The defaults drop off your cresit report after 6 years but you were making payment via a DMP after they were defaulted.

That bleedin' DMP is one of the worst decisions I've ever made - bunch of cowboys!
Ok, so they're off my credit report but not statute barred until Feb 2017 - what does this actually mean though? How will/could this effect me?
I still don't understand it all!

Thank you so much for your help xx

[Pixie]

Re: StressHead's UE Diary

The defaults drop off your cresit report after 6 years but you were making payment via a DMP after they were defaulted.

[StressHead]

Re: StressHead's UE Diary

Sorry to burst your bubble StressHead but these aren't Statute Barred. It isn't 6 years from default but since years since the last cause of action which in your case is when you last made a payment. So they're not SB until 2017

I'm confused? They're not on my Experian report any more so I thought that meant that they were statute barred?

[StressHead]

Re: EGG Loan

EGG2 (Loan) - STATUTE BARRED
Date commenced: Sept 2006
Approx balance: £22,902
Date last paid in full: ?
Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
Status: Defaulted Oct 2008. No Default Notice received.
Account Owner: Aktiv Kapital.

02 NOV 2010: Letter from Aktiv to me offering settlement figure of £5813.33.
22 NOV 2010: CCA received from EGG to DMP Company.
9 FEB 2011: First letter requesting CCA sent to Aktiv Kapital.
11 FEB 2011: CCA received from Aktiv Kapital.
6 MAR 2011: Copy of CCA sent to Niddy.
7 MAR 2011: Niddy's confirmed as under s.18. He has also advised me to reclaim the £8K of PPI which I was told I 'had to take out otherwise couldn't have the loan'. Have posted a thread in the Reclaiming section of forum.
8 MAR 2011: CCA Query - Missing Prescribed Terms Letter sent to Aktiv Kapital.
8 MAR 2011: SAR Request Letter sent to EGG.
14 MAR 2011: Letter from Aktiv acknowledging receipt of my letter.
16 MAR 2011: Letter from Aktiv stating that copy agreement previously sent represents legally binding contract therefore they have complied with CC Act 1974. As is readily apparent, this transaction was undertaken online and placing a tick in a box represents your signature. This is clearly stated in the form which is recognised by the OFT. Contrary to your assertions, this agreement is not unenforceable but in any event this would be a matter for the Courts to determine. For our part, proceedings are not contemplated since we are receiving payments from you via DMP Company. Haven't paid any monies to DMP for 2 months. Aktiv didn't send me my SAR or return my £10?
17 MAR 2011: Letter from EGG. Thank you for your recent request for a copy of phone calls/call transcripts. Please provide us with approximate dates, times and the nature of the calls. As part of the SAR, we will provide a copy of account notes which include call contact information.
23 MAR 2011: Letter from EGG. Thank you for recent request for an executed copy of a CA for XXXXXX with Egg Banking. We do not seem to have received the statutory fee of £1 from you for this request. Please send a cheque etc. I received the CCA on 11/02/11.
1 APRIL 2011: Letter to EGG responding to their letter from 17/03/11. Requesting hard copies of my full file. Will request transcripts in due course. Was advised by Niddy to check that PO had been cashed. Was cashed on 21/03/11.
MAY 2011: Received full file from EGG. Niddy says not to claim PPI back unless loan is deemed enforceable.
21 JUNE 2011: Phone call from Aktiv saying that I haven't replied to their letter from 16/03/11. I told them to put all correspondence in writing and to not call me.
22 JUNE 2011: Phone call from Aktiv saying that I haven't replied to their letter from 16/03/11. I told her that someone called me yesterday and I've asked for all correspondence to be made in writing. She asked me if I'd received the letter and I said no because I was put on the spot however after referring to my write up, I can see that I did get the letter. I told her that I didn't wish to receive any more phone calls from Aktiv as they're harassing me (I've had about 15 missed calls over the past week).
30 JUNE 2011: Letter from Aktiv with a copy of their letter from 16/03/11. Advised to ignore.
2 SEPT 2011: Letter from Aktiv with a 'new deal' of £16438.73, they pay £8851.63. Still ignoring but interestingly the outstanding balance has crept up to £25290.36!
27 OCT 2011: Letter from Aktiv with a 'new deal' of £14739.49, they pay £10894.41. Still ignoring. The outstanding balance has now crept up to £25633.90!
30 DEC 2011: Letter from Aktiv with a 'new deal' of £16885.34, they pay £9092.10. Still ignoring. The outstanding balance has now crept up to £25977.44!
19 JAN 2012: Letter from Aktiv with a 'new deal' of £15035.80, they pay £11113.41. Still ignoring. The outstanding balance has now crept up to £26149.21!
30 JAN 2012: Letter from Aktiv with a 'new deal' of £16996.99, they pay £9152.22. Still ignoring. The outstanding balance has now crept up to £26149.21!
8 FEB 2012: Voicemail from Aktiv.
9 FEB 2012: Voicemail from Aktiv.
17 FEB 2012: Letter from Aktiv with a 'new deal' of £15134.56, they pay £11,186.42. Still ignoring. The outstanding balance has now crept up to £26320.98
W/C 20 FEB 2012: Voicemails from Aktiv plus they've caught me a couple of times on the phone but I've hung up once they've told me who they are!
29 AUG 2012: Letter from Aktiv 'I refer to recent communications concerning the above account. Please find enclosed a copy of the Original Credit Agreement pertaining to the account. Please contact us within the next 14 days in order for us to discuss the matter further'. The outstanding balance has now crept up to £27297.94. Niddy has advised that due to other cases which have now taken a president, this debt is now enforceable. Advised to play the game for a while longer so sending the letter below.
10 OCT 2012: CCA Query - Missing Prescribed Terms Letter sent to Aktiv Kapital.
25 OCT 2012: Letter from Aktiv in response to my previous letter essentially saying that they've provided me with everything I've requested and the debt is enforceable.
2 JAN 2013: Final Response - Unenforceable (CCA Received) letter sent to Aktiv Kapital.
27 OCT 2014: STATUTE BARRED - Didn't realise until 07/05/15 though as haven't looked at it for so long!

MASSIVE WIN HERE!!! I CAN FEEL THE STRESS DISSIPATING!

[Pixie]

Re: StressHead's UE Diary

Sorry to burst your bubble StressHead but these aren't Statute Barred. It isn't 6 years from default but from when you last acknowledged the debt eg by making a payment. So they're not SB until 2017

[StressHead]

Re: CAPITAL ONE Credit Card

CAPITAL ONE - STATUTE BARRED
Date commenced: March 2003
Approx balance: £3,550
Date last paid in full: ?
Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
Status: Defaulted Oct 2008. No Default Notice received.
Account Owner: Letters to me were from Scotcall. Account is still with CAPITAL ONE.

06 JULY 2010: CCA received from Capital One to DMP Company. Letter from Capital One states ‘As we have complied with out obligation under S78, we will not be entering into further correspondence regarding the provision of copy agreements. Ms.X’s agreement is enforceable and we will continue to treat it as such’.
9 FEB 2011: First letter requesting CCA sent to Scotcall.
10 FEB 2011: Letter from Scotcall saying that I need to request CCA from their client, Credit Solutions.
15 FEB 2011: First letter requesting CCA sent to Credit Solutions.
23 FEB 2011: Letter from Credit Solutions saying that I need to request CCA from Capital One.
23 FEB 2011: First letter requesting CCA sent to Capital One. 14 days will be up on 15/03/11.
23 MAR 2011: Letter from Capital One with an attached cheque for £1 saying if I have any questions then to call them. Really confused as to why they've sent this to me? Niddy's advised to ignore for now as they're in breach of CCA request.
04 APRIL 2011: Letter from Cap One saying that I must contact them to arrange payment plan as I am no longer dealing with my DMP Company. Ignoring this.
04 APRIL 2011: Letter from Cap One saying that CCA was sent to DMP. Have scanned Cap One CCA from DMP and sent to Niddy.
26 APRIL 2011: Letter from CapQuest saying that my account has been referred to them to manage all matters relating to collection which may include personal visits from DCA or possible litigation. Contact must be made by 5th May otherwise account will be passed to HL Legal Solicitors.
05 MAY 2011: Threat of Legal Action & Refusal of Doorstep Visit letter sent to CapQuest.
05 MAY 2011: Niddy says as the CCA is a recon. CCA Query - Missing Prescribed Terms letter sent to Capital One.
09 MAY 2011: Letter from CapQuest saying 'prior to start of legal proceedings various checks and validations are undertaken. It has been established that there are no outstanding CCJ's registered against you at the above address.... blah blah... we can offer many repayment methods which may include possible settlements...blah blah... No contact by 20 May 11 will result in your account moving forward to litigation'. Niddy says to ignore.
11 MAY 2011: Letter from Capital One. Niddy says to ignore.
17 MAY 2011: Letter from CapQuest saying that they were unaware of any existing query and therefore they are closing the account on their system.
27 OCT 2011: Letter from Fredrickson Internation Ltd. 'We have been instructed by Capital One to collect the outstanding balance'. blah blah blah
8 NOV 2011: Letter from Fredrickson International Ltd. Letter before action. blah blah blah
27 OCT 2011 - 12 NOV 2011: Five voicemails and 7 text messages from Fredrickson to call them urgently. I've been away hence I've only just updated this.
14 NOV 2011: Account sold while in dispute letter sent to Fredrickson International.
22 NOV 2011: Letter from Fredrickson International, case had been referred back to client.
24 NOV 2011 (received 05/12/11) : Letter from Capital One. '..we note that you claim that we have failed to achnowledge your request for the CCA under S78 of the C.C.A. 1974. To clarify, we first received a S78 request from Grass Roots Financial....we have previously provided GRF with a copy of your defaulted T's&C's and a reconstituted copy of your original agreement; together with a scanned copy of the signature page of your original agreement. They were also provided with a statement of your account. Therefore we have fully complied with the requirements of S78. To assist you I have enclosed a copy of the documents sent to GRF. As we have complied with our obligation under S78, we will not be entering into any futher correspondence regarding te provision of copy agreements. Your agreement is enforceable and we will continue to treat it as such'. And so their letter continues.... there are quite a few pages! Let me know if you need me to send these over to you to look at. Thanks again (as always!).
2 DEC 2011: Letter from Capital One '...it's going to take us a little while to look into your situation and come back with a detailed response...'. I don't understand why I've received this letter after their letter on 24/11/11. Niddy advises to leave this and see what they send next.
19 MAR 2012: Letter from Fredrickson International '...been in contact with you regarding an outstanding debt with our client. You informed us that you believed the information in respect to this debt was incorrect. We provided details of your dispute to our client and have now received a response from them which indicates that the debt details are correct'. Ignored!
27 MAR 2012: Letter from Bryan Carter Solicitors '...payment must be made within 14 days blah blah blah'. Ignored!
10 APRIL 2012: Letter from Fredrickson International 'Despite contact from Bryan Carter Solicitors you have failed to discharge your debt. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim.... blah blah blah'.
6 OCT 2014: STATUTE BARRED - Didn't realise until 07/05/15 though as haven't looked at it for so long!

ANOTHER ONE BITES THE DUST!

[IF]

Re: StressHead's UE Diary

OMG!! Thanks guys.... I updated my address on my Experian report yesterday as I actually moved 2.5 years ago and my report has been updated today..... my new score is 986 our of 999 - it's classed as EXCELLENT!!
I can't believe it - I'm made up!
I'm going to do an update on all my accounts now as there's still one pesky one on there!
I could scream from the rooftops.... eeeek!

[Pixie]

Re: StressHead's UE Diary

Definitely WoooooHooooo StressHead

[StressHead]

Re: MINT Credit Card

MINT/RBS - STATUTE BARRED
Date commenced: July 2005
Approx balance: £1,552.93
Date last paid in full: ?
Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
Status: Defaulted Nov 2008. No Default Notice received.
Account Owner: Letters to me were from Wescot. Account is still with MINT.

12 MAY 2010: Letter from DMP Company to Royal Bank of Scotland (MINT) requesting CCA.
3 JUNE 2010: CCA received from MINT to DMP Company.
9 FEB 2011: First letter requesting CCA sent to Wescot.
14 FEB 2011: Letter from Wescot saying that I need to request CCA from RBS.
17 FEB 2011: First letter requesting CCA sent to RBS.
9 MARCH 2011: End of 14 working days and no further response.
8 MARCH 2011: Dated 08.03.11 but received 12.03.11. CCA received from MINT.
1 APRIL 2011: Copy of CCA sent to Niddy.
4 APRIL 2011: Niddy has confirmed that this is . I'm going to try and blag it for a while though.
4 APRIL 2011: CCA Query - Missing Prescribed Terms letter sent to RBS.
07 APRIL 2011: Scribbled note from RBS on a compliments slip saying 'Please provide your clients 16 digit credit card number, we will then deal with accordingly. Many thanks'. I did quote their reference number on my letter but they've returned my letter to me along with the scribbled note with 'unable to trace' written on the top of the letter.
06 MAY 2011: Letter from Moorcroft 'We are agents of MINT (formerly RBS Advanta). Their records show account has balance of £1552.93. They have asked us to contact account holder to discuss the account and we were provided this address by a credit reference agency that supply us with address links based on information held. Please contact us to confirm the position and so we can make the appropiate (this is actually how they've spelt it! DUH!!) arrangements'.
26 MAY 2011: Letter from Moorcroft 'Possible Litigation'. Total debt if judgment is obtained... blah blah blah.
13 JUNE 2011: Letter from Moorcroft with Monthly Instalment Offer of £100. As we have not received any communication from you with regards to your outstanding account, we feel that you may not be in a position to meet our requests to clear the account in full. In order to stop our recommending to our clients that solicitors commence legal proceedings we are prepared to accept payments of £100 a month. Niddy says to ignore for now as they'll be a settlement offer to follow.
27 JUNE 2011: Letter from Midas Credit Services 'Litigation Warning'. We are part of the Moorcroft Group blah blah blah
7 JULY 2011: Threat by Creditor To Commence Litigation Letter sent to Moorcroft.
11 JULY 2011: Letter from Moorcroft '...passed to our Home Collections Division for action.... discounted settlement figure.... A reduction of up to 25%... greater discounts may be available to you and can vary dependant on circumstances... paying the agreed settlement figure over a 3 month period. This offer is available for 7 days'.
14 JULY 2011: Niddy advised to call and offer a maximum F&F of £500. I only went to £450 as the man was being an arse. He said no, offered 25% discount initially but extended it to 35%. I said that it was £450 or £1/month for 125 years. He asked me to send him my SOA and he has made a note of my offer. I've been advised to ignore this request.
11 JULY 2011: Letter from Moorcroft 'Thank you for your recent communication... please request a copy of the CCA along with £1 fee. If you're unhappy with the info provided please contact us by return'. Niddy says ignore.
31 AUG 2011: Letter from Moorcroft saying that they can offer me a 'substantial discount from the outstanding balance. If you are able to pay an acceptable lump sum within the next 14 days we will not pursue the remaining balance of the debt.
5 SEPT 2011: After seeking advice from Niddy, I've called Moorcroft and offered them a F&F of £450. They've said that their best offer remains at £1164.69 unless I can complete a SOA with them over the phone in which case they can go back to their client and ask them for their minimum figure. I said no (because Niddy advised me to) and asked them to send the offer in writing.
5 SEPT 2011: Letter from Moorcroft with their offer in writing.
17 NOV 2011: Letter from Regal Credit Consultants '...instructed by our client to request the immediate settlement of the above liability.... outstanding amount in full...'
1 DEC 2011: Full & Final Payment Offer Letter of £450 sent to Regal.
5 DEC 2011: Letter from Regal Credit Consultants '...as we haven't been notified of any reason for non-payment we request that the account be settled in full...'.
9 DEC 2011: Letter from Regal Credit Consultants 'We are prepared to accept a F&F of £1170 to clear your liability of the above outstanding liability on the condition this is received by 30/12/11. The entry for the account will appear as 'Partially Satisfied'...'. Niddy advises to leave this and see what they send next.
9 JAN 2012: Letter from Regal Credit Consultants 'Your account has been passed to this team in view of the above amount remaining overdue... we shall be making a recommendation to our client that legal action is commenced in 7 days without further notice. The account may be escalated for one of the two following actions to take place - Issue a claim form through County Court - will be passed to our Field Collectors'.
23 JAN 2012: Full & Final Payment Offer Letter of £450 sent to Regal again.
26 JAN 2012: Letter from Regal Credit Consultants '...in receipt of your settlement offer, however in order for us to submit the offer to our client we require further details of your financial situation. Please find enclosed a financial analysis form which needs to be completed and returned...'.
30 JAN 2012: Letter from ScotCall - Doorstep Collection Notice.
12 MAR 2012: Letter from ScotCall - Pre-Visit Notice.
16 MAR 2012: Harassment & Threat of Doorstep Visit Letter sent to ScotCall.
20 MAR 2012: Letter from ScotCall - Revoke Licence Letter (I write in response to your recent correspondence. The case you have referred to is not applicable to your circumstances. As part of the credit agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary, the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection. Therefore the license you state that has been revoked is irrelevant, which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law. We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies).
05 APRIL 2012: Letter from ScotCall 'Despite being offered numerous opportunities to resolve this matter we note that no proposal for the repayment of this debt has been received. blah blah blah'.
26 APRIL 2012: Account closed with ScotCall and passed back to RBS.
19 NOV 2014: STATUTE BARRED - Didn't realise until 07/05/15 though as haven't looked at it for so long!

THEY OBVIOUSLY COULDN'T BE BOTHERED TO CHASE IT - WOOOOOOOOO HOOOOOOOOOOO!!

[StressHead]

Re: MBNA Credit Card

MBNA
Date commenced: Sept 2006
Approx balance: £10,570
Date last paid in full: ?
Other info: Partial payment paid by DMP, last one in Feb 2011. No payments being made now.
Status: Defaulted Aug 2008. Default Notice received from Arrow Global Oct 2008.
Account Owner: According to DMP, account is with MBNA. Credit Expert says it’s with Arrow Global. Last letter I received was from Fredrickson International in Oct 2008.

15 JUNE 2010: Letter to DMP Company from MBNA stating that ‘accordingly the credit agreement and current terms and conditions were sent to you’. No CCA or T’s&C’s were received by DMP Company.
8 FEB 2011: Letter to me from Arrow Global asking me to send proof of new address. Letter received on 11/02/11. I moved in Aug 2009.
9 FEB 2011: First letter requesting CCA sent to Fredrickson International.
1 MARCH 2011: End of 14 working days and no response. Have I sent the request to the right company? Have checked the recorded delivery code and it says that it’s still being processed through the Royal Mail system.
4 APRIL 2011: Letter still hasn't been delivered and PO hasn't been cashed. Letter requesting CCA sent again to Fredrickson International.
31 MAY 2011: Letter from Arrow Global 'Arrow Global hold the legal rights of this account and until further notice, all correspondence should be directed to us. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining the CCA. We will now process your request from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents'. Amount owing as stated on this letter is £10,201.08.
JUNE 2011: Niddy says to just wait.
27 JULY 2011: Letter from Arrow Global 'Thank you for your recent communication in which you informed us of a different address. We are required to verify... provide us with 2 of the following...'. Presume they're referring to letter on 04/04/11. Still haven't had any further communication from them regarding their letter on 31/05/11.
1 APRIL 2011: Checked my Experian credit report and this debt is showing but they've never got back to me.
29 SEPT 2012: Letter from Moorcroft Debt. Possible litigation letter.
27 OCT 2012: Letter from Midas Credit Services (part of Moorcroft) - Litigation warning.
2 JAN 2013: Threat by Creditor - To Commence Litigation letter sent to Moorcroft.
7 JAN 2013: Letter from Moorcroft Debt. 'in reference to your letter... we are no longer dealing with this account. For the avoidance of doubt you should resubmit your request to the client'.
17 JAN 2013: Letter from Scotcall, on behalf of creditor Arrow Global Guernsey Ltd. Impending Debt Collection Visit Letter.
22 JAN 2013: Phonecall to my work mobile from Scotcall. Told them to write to me and not to call my work mobile phone again. I don't know how they would have got this number as I don't give it to anyone debt related.
24 JAN 2013: Text to my work mobile from Scotcall.
25 JAN 2013: Account sold whilst in dispute letter sent to Scotcall.
FEB 2013: Envelope with copy of a CCA in and a Scotcall compliments slip.
7 MAR 2013: Letter from Arrow Global 'Thank you for your letter dated 25/02/13. Having reviewed your comments we understand that you request documentation pursuant to the CCA 1974. We are keen to resolve your query however your address has changed blah blah blah...'.
12 APR 2013: Letter from Arrow Global 'We contacted you recently in regard to the new address you have provided and are awaiting proof before we can address your enquiry. Blah blah blah...'.
30 AUG 2014: STATUTE BARRED - Didn't realise until 07/05/15 though as haven't looked at it for so long!

WOOOOOOOOOOOOOOO HOOOOOOOOOOOOOOO!

[StressHead]

Re: StressHead's UE Diary

OMG!! Thanks guys.... I updated my address on my Experian report yesterday as I actually moved 2.5 years ago and my report has been updated today..... my new score is 986 our of 999 - it's classed as EXCELLENT!!
I can't believe it - I'm made up!
I'm going to do an update on all my accounts now as there's still one pesky one on there!
I could scream from the rooftops.... eeeek!

[nanna58]

Re: StressHead's UE Diary

What a great read "Stress less" good luck and a new baby ahhhhh xxxx

[Pixie]

Re: StressHead's UE Diary

Congratulations all round Stresshead (I think your name is no longer apt! )

I'm going to copy your post and put it on the UE - One Year On as I often direct newbies there to show that there really is light at the end of the tunnel no matter how dark everything seems.