Smallpaws UE Diary

[Smallpaws]

Hi this is a new thing for me so hope I have everything ready to start up

Original creditor Capital One

• Type of account Credit Card
• Date commenced
• Approx balance £6992.45
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Transferred to Direct Legal Collections 01/02/2011

31/05/14 - Letter sent to them on advice of Stepchange advising of hubby hospital admission and reducing payment

07/11/14 - Letter received from DLC advising they are intending to issue County Court Claim followed by Charging order - uploaded for Niddy

24/11/14 - CCA letter sent

21/01/15 - Letter from DLC - The are following up my request for a copy of the original documentation with the origianl lender. When it becomes available they will send it to me. They will update me in 21 days.

10/03/15 - letter from DLC stating that the account had been on hold but this hold period has now expired and I am to contact cutomer services to discuss my payment proposals.

08/04/15 - intentions are to pursue county court claim to gain security for the outstanding balance-
sent letter and further cca request as advised by Niddy

30/04/15 - still DLC are chasing up docs

15/05/15 - apology for sending letter re enforcement - they are chasing up the docs which may have been arvchived off site by original lender and therefore it takes time to locate them.

11/06/15 - Further to correspondence... a copy of the original credit agreement is attached.
Whilst we may not enforce the agreement the monies remain outstanding.

They are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay remains intact.

The McGuffick v RBS clarified the interpretations of what is considered enforcement and if I want to view it is on the internet.

The demanding of payment is not considered enforcement and is merely a step taken prior to the commencement of proceedings therfeore my account remains with collections department for collection activity to commence.

17/03/16 - Despite DLC saying that they may not enforce my agreement ( for a card I took out in 2004) they have now sold the debt on to Hillesden Securities which are part of the Cabot Credit Management Group.

Although ME III are now the legal and beneficical owners of my account dlc will continue to manage my account on their behalf. All communication and payments should continue to be made to dlc.

18/10/16 - no further correspondence so far from either Hillesden/Cabot or from DLC.

[PlanB]

Re: Smallpaws UE Diary

That's a good start

We have exchanged emails on your mortgage situation and I can see hope

I would like to start a new thread on that (mortgage issue) in the housing section so email me if you're happy with that. The reason being that as a forum everything we do/say has the potential to help others in a similar situation.

[Smallpaws]

Re: Smallpaws UE Diary

That is fine with me, it would be good to help someone else at the same time . It isn't nice to think other people feel the way I have lately and I can't believe how much safer I feel already and we have only just begun talking.

[Undercover Elsa]

Re: Smallpaws UE Diary

Hi honey,
DLC threatening to issue a claim after they have been informed of your husband's situation absolutely beggars belief. Just shows what sort of a company they are.
Did they acknowledge your letter telling them this, smallpaws, and if so, what did they say?

[Smallpaws]

Re: Smallpaws UE Diary

Hi Elsa
No they didn't reply.

I will go through our creditors over the next few days and add them to my diary as I did with this so you can see where we are - from memory only two wrote expressing sympathy and they didn't offer to discuss anything in regards of terms just wanted to be kep informed.

[Smallpaws]

Re: Smallpaws UE Diary

Original creditor Fraser Card

• Type of account Credit Card
• Date commenced
• Approx balance £1807.47
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Step Change
• Status added to DMP 19/07/2007

Was sold to CL Finance Feb 2010
Sold again to Hoist Portfolio Holding 01/02/2014

02/12/14 - CCA request

31/05/14 - letter sent advising of Hubby's condition and change of payment
No response as yet

19/06/14 – Letter from Robinson Way expressing sympathy and £5 per month.

26/01/15 - response from HPH Ltd
They are requesting a copy of my agreement and my account has been placed on hold pending receipt.

30/04/15 - Letter received stating – “Our client has advised us they are unable to obtain any further documents and as such we are in the process of refunding your £1.00”

25/08/15 - posted letter today requesting consideration of write off due to hubby's condition and the fact he will never be able to return to work. Enclosed a copy of letter from consultant "… requires 24/7 support to meet his needs...."

Although this is mine rather then Hubby's - I sent all the original letters for both names and it was worth a shot at reducing my own part of the debts. If they say no then I am no worse off.

18/04/16 – We have not received your agreed payments … please contact us.

May 16 - I have been telephoned by Hoist but I was at work and couldn't speak. I did say that I didn't know who they were - they are going to be kind enough to write to me to tell me who they are in the hope I will talk to them next time. Not much chance of that!

04/05/16 – Letter received from Robinson Way – WE have contacted our client who has confirmed we are acting on their behalf to manage this account.

Please contact the office……

18/05/16 - Letter received from Robinson Way – We are aware of your circumstances and we appreciate that you are experiencing difficulties at present.

At Robinson Way we want to help you …… please contact us to discuss your account.
26/05/16 – Letter from Robinson Way – We wrote to you recently but note you have not responded.

As you have experience difficulties, we ask that you contact us….to discuss options.
They included an Income & Expenditure forma but I have ignored it.

22/06/16 – Letter from Robinson Way – Despite repeated attempts to contact you the account remains unpaid…..we can still agree an affordable repayment plan with you…please contact us.

14/07/16 – Letter from Robinson Way – we are aware you are experiencing difficulties and want to help you…..

Between 4^th May and 8^th June - 12 telephone calls made to my mobile.
Between 22^nd July and 8^th August – 9 more calls.

[Smallpaws]

Re: Smallpaws UE Diary

Original creditor Faith Card

• Type of account Credit Card
• Date commenced
• Approx balance £250.49
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Step Change
• Status added to DMP 19/07/2007

Sold to Moorcroft 2008 - can't find date yet

31/05/14 - letter sent advising of Hubby's condition and change of payment
No response as yet

02/12/14 - CCA letter sent

09/12/14 - response from Moorcroft - they have requested paperwork from Faith and have suspended all collection activity on my account at this time.

16/06/16 - Letter received today from Cabot -
'Thank you for paying in the past, we appreciate you tried to pay your account. You still have a balance of £372 that needs to be paid. We would like to help you set up a repayment plan that will see you being free of this balance'.

I have had no paperwork which tells me this account has now been transferred to Cabot until the above and have not paid anything since Feb. Moorcroft did not find papers in response to my CCA request..

04/07/16 – Letter from Cabot – You need to call us to make a new plan for your account. If you let us know your budget we can help you work out a plan that suits your current situation…..

21/07/16 – Letter from Cabot – We understand you may have other priorities to deal with but we can help you figure out how much money you have to begin paying off your account……

I have had numerous calls to my landline – daily in fact but as I don’t answer them it is unclear if this relates directly to this account or to the RBoS one which Cabot also hold.

08th June - I sent a CCA request to Cabot on 8th June only to have a letter from them dated 6th June whereby they are transferring the management of the debt to Robinson Way. THe two have crossed in the post.
Robinson Way's letter was in the same envelope asking me to make contact with them to agree and affordable and sustainable repayment plan.
Should they now receive a CCA or would a SWID be better?
Smallpaws.

31st July 2017 - Letter received from Cabot

Thank you for your request under sections 77-79 of the Consumer Credit Act 1974.
We currently do no thave this information on file. However I have requested the relevant details which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. in the meantime your account will remain on hold until such time as we can comply with your request.

Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgement or decree against you in court however you are still obliged to repay the outstanding balalnce as confirmed in this letter & I would recommend you to contact us....

13/11/17 - Letter from Cabot - Statement of account

This statement is prepared in cpmpliance with section 78 of the consumer credit act 1974.
At the date of this letter, Cabot confirms that:
Your account has an outstanding balance of £372.00
The amount you are required to pay is £372.00; and
You are not able to draw further on this account.

Where you have an exisiting repayment arrangelent with us we shall continue to honour and regularly review this unless you miss your payments. Please note that the repayment arrangement foes not affect, modify or vary the original terms of the credit agreement, we have just relxed them to assist you with your current financial circumstances.

So - I do not have an arrangement and they sent a statement of payments made when I was still with Stepchange, last one17/02/16.

They have also sent a copy of an agreement BUT they have written in my address as house number 430 (it is 43),
In the name section they omitted my middle name, martital status and date of birth.
This document is also unsigned.

I gather they are expecting me to send them some money now - what do I do next please?

[Smallpaws]

Re: Smallpaws UE Diary

Original creditor MBNACard

• Type of account Credit Card
• Date commenced
• Approx balance £7325.40
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Step Change
• Status added to DMP 19/07/2007

03/11/08 - Sold to First Revenue

15/06/10 - Sold to Westcot Credit Services

31/05/14 - letter sent advising of Hubby's condition and change of payment

10/06/14 - reply from them expressing sympathy and stating they will work with me with whatever Step Change advise

30/10/14 – Step Change wrote to me saying that they had a payment returned from Westcot as they couldn't find which account is applied to.

16/11/14 - emailed Step Change asking why - they have been receiving monies for some time - no reply yet.

01/01/18 ..Joanna Connolly has forced Restons to agree to dismissing their claim and with each party bearing their own costs. This means that once registered with the court the claim cannot be reopened. This is an amazing result and came just before Christmas which was a really unexpected but fanatastic piece of news.
Many thanks to Jo for her skill, persistance and a great result.

[Smallpaws]

Re: Smallpaws UE Diary

Original creditor Bank of Scotland Card

• Type of account Credit Card
• Date commenced
• Approx balance £3043
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Step Change
• Status added to DMP 19/07/2007

20/08/08 - Sold to Blair, Oliver and Scott

14/09/12 - Sold to Cabot Financial


02/12/14 - CCA Letter sent - No response as yet

05/12/14 - reply from Cabot
”Thank you for your request for Information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However we have requested the relevant information under section 77 snd/or 78 of the cca 1974 from the original lender.
We anticipate we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits we will write to you again.”


12/01/15 - Response from Cabot

Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period.

We shall continue to request the information for the original lender to assist you with your request. In the meantime we would like to inform you that your account shall remain on hold with the customer care department until such time as we can comply with this request.

Your credit agreement is currently unenforceable...
Your are still obliged to repay the outstanding balance as confirmed in this letter.

They recommend I contact them to set up a payment plan. The balance is £3035.97

31/05/14 - letter sent advising of Hubby's condition and change of payment


20/04/16 – Letter from Cabot – We haven’t received your last payment from your DMP Company. e have been trying to get in contact with them about your account but they haven’t responded so we’ve decided to get in touch with you. We will be putting your account on hold to allow you time to find out what’s happened.

05/05/16 – Letter from Cabot – Offering to talk over various options with me.

07/05/16 - Cabot - telephoned me to discuss my account on my landline which threw me as almost no-one calls me on that.
When I realised who they were I said that I wouldn't speak to them on the phone and hung up. I am now waiting for their next letter which I expect will be quite soon!

06/05/16 – Letter from Cabot

We have recently confirmed that you live at the above address so we need to make you aware of the information below.

We are part of the Cabot Credit Management Group which has recently brought the account you held with Bank of Scotland. We are now responsible for helping you manage your account and receiving your future payments.

We want the repayment process to be as easy as possible for you. We have an experienced team….goes on to give contact options for me.

04/06/16 – Letter from Cabot – Your balance is waiting to be paid.

We have been trying to reach you but we haven’t been able to get through.
We are flexible over payment…….we will continue to contact you.

04/07/16 – Letter from Cabot – We have tried to contact you and you still haven’t responded. We would like to present to you clearly what we can do to help you be free of this debt…..

I still receive daily calls on my landline telephone which are almost as reliable as an alarm clock in the morning.

22/03/17 - Letter from Cabot - At the moment we don't have any payments being received on your account or a commitment to a repayment plan.
As a resonable next action to recover the outstanding balance your account hasd been reviewed for legal action.
You need to contact us in the next 28 days so we can prevent this from happening.

21/04/17 - Letter from Cabot - Next steps - We have tried to contact you on several occasions to discuss your account. As we have not heard fromyou we are referring your account to Mortimer Clarke Solicitors.

Mortimer Clarke will want to speak to you within the next 7 days where they will review your situation and help you to arrange the most suitable solution for you based on your dcircumstances.

24/04/17 - Letter from Mortimer Clarke - Solicitors

We are instructed in relation to an outstanding balance due to our Client Cabot Financial (UK) Ltd in relation to a credit agreement originating with the Bank of Scotland.

We ask you to pay the sum of £3021.97 direct to this officer within 14 days, failing which, we have been instructed by our client to issue a Claim against you in the County Court for the full balance, plus any continuing interest, fees and costs that the court may awared our client.
(IE sheet attached)

Copy of the letter forwarded to Niddy and Jo whose advice is to wait for the next stage.

03/05/17 - missed phone call on landline and on mobile from Mortimer Clarke - no message left on either.

15/05/17 - Received County Court Claim form - 14 days to respond.

[Smallpaws]

Re: Smallpaws UE Diary

Original creditor Amex - hubby's account - ACCOUNT CLOSED AS A GESTURE OF GOODWILL

• Type of account Credit Card
• Date commenced
• Approx balance £3639.00
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Step Change
• Status added to DMP 19/07/2007

Sold to RMA Resolve - can't find exact date yet


31/05/14 - letter sent advising of Hubby's condition and change of payment

14/11/14 - letter from them accepting £1 per month until 30/04/2015

08/12/14 - letter from RMA stating that despite attempts to contact us (if using his mobile it is switched off now) or representatives (Step Change) they have not been able to reach us.

I am urged to contact them asap to review the account and financial circumstances.

This is one of the few I didn't send a CCA letter to.

28/08/15 - poster letter today requesting consideration of write off due to hubby's condition and the fact he will never be able to return to work. Enclosed a copy of letter from consultant "... requires 24/7 support to meet his needs...."

17/09/15- Amex – NCO – letter not dated but expresses sympathy. They cannot discuss without letter of authority but have passed to the relevant department.

17/0/15 – I have rung to ask if the DWP appointee form will work as I have had a home visit to check my credentials for that – they say send in copy and they will consider if this is adequate.

23/09/2015 - Letter stating that after taking into account the circumstances Arrow Global have decided to cease collections as a gesture of goodwill.
Will remain on credit file for six years.

[Smallpaws]

Re: Smallpaws UE Diary

Original creditor BarclayCard - hubbys - CABOT NO LONGER PURSUING THIS ACCOUNT

• Type of account Credit Card
• Date commenced
• Approx balance £2693.20
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

27/11/11 - statement from Cabot Financial but not sure if this is exact transfer date to them

31/05/14 - letter sent advising of Hubby's condition and change of payment
No response as yet

05/12/14 - Reply from Cabot

Thank you for your request for Information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However we have requested the relevant information under section 77 snd/or 78 of the cca 1974 from the original lender.
We anticipate we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits we will write to you again.

12/01/15 - Response from Cabot is
The credit agreement is currently unenforceable...you are still obliged to repay the outstanding balance in full We recommend you contact us to set up a repayment plan. The balance is £2695.20

(The CoP has not responded yet but I do have a reference indicating they are dealing with my application. This would allow me to deal with Cabot on this account.)

26/06/15 – Letter from them –
"it appears that Barclaycard are unlikely to provide the requested documentation. Therefore I can confirm that we have taken the decision to no longer pursue collection of this account unless this information is obtained in the future.
Please note that this decision is not to be confused or interpreted as a write-off of the outstanding balance on your account as the debt legally remains and we shall therefore continue to report it to the Credit Reference Agency".

28/08/15 - posted letter today requesting consideration of write off due to hubby's condition and the fact he will never be able to return to work. Enclosed a copy of letter from consultant "… requires 24/7 support to meet his needs...."

17/09/15 - Barclaycard – Cabot – no date but they have sent us a form to sign re authority to discuss account

[Smallpaws]

Re: Smallpaws UE Diary

O9. Original creditor Halifax Card - hubby's - ACCOUNT CLOSED BY PRA GROUP

• Type of account Credit Card
• Date commenced
• Approx balance £6966.54
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Step Change
• Status added to DMP 19/07/2007

Sold to Aktiv Capital but can't find date yet

31/05/14 - letter sent advising of Hubby's condition and change of payment

14/06/14 - They will accept whatever Step change advise me to do

02/12/14 - CCA letter sent

2014 12 08 - reply from PRA Group (the new name for Aktiv)

We refer to your request for documentation/further information regarding your agreement with Lloyds under Sections 77-79 of the CCA. Whilst we endeavour to obtain documents under the prescribed timescales due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information.

16/01/15 - Letter from PRA confirming that the account has been transferred to them and the balance is£7839.80. No mention of the CCA request just that payments should continue with the DMP.


07/08/15 - letter from PRA enclosing copies of agreement and statements

”We refer to your request for documentation/further information regarding your agreement with Lloyds under sections 77-79 of the consumer credit act. Please now find attached the document provided to us by the original creditor and we now look forward to your proposals for payment within 14 days. Should we receive no response from you the account will be passed to our collections division for further action”.

28/08/15 - posted letter today requesting consideration of write off due to hubby's condition and the fact he will never be able to return to work. Enclosed a copy of letter from consultant "… requires 24/7 support to meet his needs...."

17/09/15 - letter dated 10/09/15 from them - Unable to record the information provided in the correspondence without signed consent from account holder or appointed representative. They require proof of authority and have sent a form to be signed and returned.

12/11/15 - posted letter today requesting consideration of write off due to hubby's condition and the fact he will never be able to return to work. Enclosed a copy of letter from consultant "… requires 24/7 support to meet his needs...." Also a copy of the CoP Bond so they will finally have to answer me!

04/01/2016
Letter received today from PRA -
" After careful consideration of the circumstances … we have taken the decision to cease collections.... PRA Groupd will no longer pursue the outstanding balance nor will they sell the debt on further"

What a great way to start the New Year!!

[Smallpaws]

Re: Smallpaws UE Diary

Original creditor Laura Ashley Card - Hubby's name - ROBINSON WAY HAVE CLOSED THE ACCOUNT

• Type of account Credit Card
• Date commenced
• Approx balance £1533.48
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Step Change
• Status added to DMP 19/07/2007

11/01/10 - Sold to CL Finance

01/02/14 - Sold to Hoist

31/05/14 - letter sent advising of Hubby's condition and change of payment
No response as yet


02/12/14 - CCA letter sent

26/01/815 - Letter received from Hoist - they have asked for a copy of the credit agreement and have placed the account on hold pending receipt.

15/03/15 - Copy of agreement has now been received. I am requested to continue to make payments via Step Change - currently am paying £1 per month.

28/08/15 - posted letter today requesting consideration of write off due to hubby's condition and the fact he will never be able to return to work. Enclosed a copy of letter from consultant "… requires 24/7 support to meet his needs...."

17/09/15 - Laura Ashley - Hoist – Robinson Way Debt Collectors have expressed sympathy and based on the information provided and HAVE CLOSED THE ACCOUNT ON THEIR FILES STATING IT WILL NO LONGER BY MANAGED AT THEIR OFFICE.
Robinsons have notified Hoist and state they (Hoist) may be in contact to discuss the account based on this information. They also suggest we take independent advice (Step Change/National Debt Helpline/CAB)

[Smallpaws]

Re: Smallpaws UE Diary

Original creditor MBNA - hubby's - LINK NOT PURSUING THIS ACCOUNT

• Type of account Credit Card
• Date commenced
• Approx balance £6833.26
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Step Change
• Status added to DMP 19/07/2007

27/09/08 – Sold to Link Financial

31/05/14 - letter sent advising of Hubby's condition and change of payment

04/06/14 - letter from them expressing sympathy and accepting reduced payments and advising me to speak with Step Change re advising all of his creditors. (all posted individually at the same time including letter from hospital consultant)

28/08/15 - posted letter today requesting consideration of write off due to hubby's condition and the fact he will never be able to return to work. Enclosed a copy of letter from consultant "… requires 24/7 support to meet his needs...."

17/09/15 - Link – letter dated 07/09/15 expressing sympathy that the circumstances have not improved. They are reviewing the account and will revert to us shortly. The account will remain on hold.

29/01/16 - letter from Link

"We write to thank you for taking the time to provide us with updates with tregard to your current circumstances and confirm that we have made a commercial decision to no longer pursue the balance of your account.

To confirm - your account will not be marked as settled or satisfied until it reaches the end of statute"

What a fabulous result and thanks to Elsa for her well written letter!

[Smallpaws]

Re: Smallpaws UE Diary

Original creditor M & S Card – hubby’s

• Type of account Credit Card
• Date commenced
• Approx balance £5501.97
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Step Change
• Status added to DMP 19/07/2007

05/03/13 - Sold to Arrow Global

31/05/14 - letter sent to AG advising of Hubby's condition and change of payment
No response as yet

02/12/14 - CCA letter sent

09/12/14 - reply with PO returned by them

”We acknowledge your request for documentation pursuant to the CCA a974.
We will process your request for documentation from the originating creditor and will revert in due course.
All collection activity will be suspended pending provision of the documentation.”

02/02/15 - Letter received stating they are still seeking a copy of the paperwork and the account is still on hold.

11/02/15 - Copy of card application received - total sum outstanding now 5497.97 and stating ' the amount which will become payable comprise interest and costs, depending on what enforcement action is taken against you.

28/08/15 - Posted letter today requesting consideration of write off due to hubby's condition and the fact he will never be able to return to work. Enclosed a copy of letter from consultant "… requires 24/7 support to meet his needs...."


18/02/16 - query –
The last time I heard from Arrow Global they sent me a copy of the original agreement for this M 7 S card which was signed on 27/08/1998.

NCO have written off the Amex account and stated when they did so that Arrow Global have decided to cease collection activity. It doesn't refer directly to M & S - should I write again to clarify? I assumed it referred to the Amex account only.
16/03/16 - Step Change asked me to contact them so I sent: the following email-

Sent: 16 March 2016 10:12
To: Correspondence Queries

You have asked me to contact you regarding M & S card - you have been unable to make the payment.
I appreciate how busy you are but after 20mins on the phone I couldn't afford to wait further. Please email me with:
What message exactly did you receive when you made the payment?
Was the money returned and if so by whom?
Do you have an exact contact for this?

After a few days I did get an email saying they could see I had been spoken to and hope that I am resolved - actually not the case.

I still have had nothing direct from Arrow Global who manage this account and I haven't contacted them myself. I do have a copy of the agreement from them that hubby signed on 27th Aug 1998 though.
*********************
As I have a different AG account in legal hands I am a little nervous about the lack of communication but am leaving it to them to make the first move.
*********************
25/07/16 – reply from Niddy re CCA check
This looks enforceable but it may not be if a claim is used as they'll have assignment issues to start.

I'd treat it as UE for the time being. If a claim is issued and it is EN then you could always agree a plan - same as now if it turned out good.

It's hard to read everything plus it's likely to have other errors but it "appears" like most the PT's are present but I can't check closely enough sadly.

Treat it as UE for now. But it *might* be enforceable, we'd know if and when a claim was issued.
26/07/16 reply to Niddy
I wasn't so lucky finding any other paperwork for this. One thing I notice today though is that the first three pages are copies of the application form and T&Cs dated 27/08/98. The remaining pages have at the bottom of the very last page the
reference CrC0947/Oct 2013.

This is considerably later than when the agreement was taken out does this help the case for UE?

Nothing has been paid on this since Feb when Step Change were notified that the £1 token payment had been refused. We have had no contact from AG as to why or what they are planning to do.

26/07/16 - reply from Niddy - I'd not overly worry. See what transpires. Niddy