bammers UE diary

[bammers]

Hi everyone, this is the first post in my diary - hope I've followed the instructions ok!
I have a number of debts but it has been pretty quiet over the last 18 months so I wont post details of the others but I have recently had a few letters on this one so have given the complete background from my records below.

First post - #1 RBS / Mint Loan

Type of account: LOAN
Date commenced: 12/2006
Approx balance: £9,300
Date last paid: LAST FULL PAYMENT 11/2008, LAST TOKEN (£1) PAYMENT 06/2009
Status: DEFAULT
Account owner: Currently with Wescot on behalf of Arrow Global Ltd

07/2009 - Default Notice received
08/2009 - Green & Co Solicitors - letter before action (I think)
09/2009 - First Resolution - notice of intended recovery action
09/2009 - First Resolution - requesting payment
10/2009 - First Resolution - Notice of further action
11/2009 - Arden Credit Management - notice of intended recovery action
11/2009 - Arden Credit Management - follow up
12/2009 - Arden Credit Management - Further follow up
12/2009 - Arden Credit Management - Further follow up
12/2009 - Earlswood & Co Solicitors - notice of intended legal action
08/2010 - Earlswood & Co Solicitors - notice of intended legal action
10/2010 - Arden Credit Management - chaser
10/2010 - Arden Credit Management - requesting payments
11/2010 - Moorcroft Debt Recovery Limited - Notice of intended litigation
01/2011 - Moorcroft Debt Recovery Limited - Notice of intended litigation / request for offers
01/2011 - Midal Legal Services - Litigation warning
02/2011 - Moorcroft Debt Recovery Limited - home collection warning
08/2012 - Wescot - home collection warning
08/2012 - Wescot - offer of discounted settlement
08/2012 - Nelson Guest & Partners Solicitors - warning of further recovery action
09/2012 - Wescot - home collection warning
01/2013 - Drydensfairfax Solicitors - warning of legal proceedings
01/2013 - Drydensfairfax Solicitors - warning of further action
01/2013 - Drydensfairfax Solicitors - warning of legal proceedings
07/2013 - Rossendales Collect - notice of debt being passed to them
2014 - no contact from anyone
02/2015 - Arrow Global - tracing letter
24/02/2015 - Arrow Global - Change of Agency (Idem Capital to Arrow Global Limited)
06/03/2015 - Wescot - Notice of debt collection
16/03/2015 - Wescot - Chasing letter
26/03/2015 - Wescot - Reduced settlement offer please contact us (still ignoring)

I've not made any acknowledgement or contact since June 2009 so is it worth sending a CCA request now or shall I wait and see what else comes through over the next few weeks? Given the previous history I'm hoping it is unenforceable / no paperwork which is why it has never gone to court! Thanks in advance

[MrsD]

Re: bammers UE diary

I'd just wait and see for the moment, if it's SB in June, as long as there were no obvious threats in that letter from Westcot

[PlanB]

Re: bammers UE diary

Wow, you've managed to dodge four different solicitors with this debt. Well done you.

Have you moved house since 2009 hence the tracing letter?

I agree with MrsD that you are so close to SB that you should keep your head down unless you get any threats.

If legal proceedings are in the pipeline you should be sent a Letter Before Action which would be the time to send a CCA request as well as our LBA Response template letter.

When Wescot run out of steam they will return it to Arrow who may pass it to a solicitor such as Restons or Shoosmiths. With any luck the changeover will take weeks and the debt will have gone SB by then. Here's hoping

[bammers]

Re: bammers UE diary

Wow, you've managed to dodge four different solicitors with this debt. Well done you.

Have you moved house since 2009 hence the tracing letter?

I agree with MrsD that you are so close to SB that you should keep your head down unless you get any threats.

If legal proceedings are in the pipeline you should be sent a Letter Before Action which would be the time to send a CCA request as well as our LBA Response template letter.

When Wescot run out of steam they will return it to Arrow who may pass it to a solicitor such as Restons or Shoosmiths. With any luck the changeover will take weeks and the debt will have gone SB by then. Here's hoping

Thanks MrsD and PlanB - makes sense and happy to let the days tick by for now... Yes - moved in 2009 but they picked up my new address from the electoral roll or CRAs back in 2010/11 so they've been sending letters to me here for at least 3 years so not sure what the tracing letter was about!

[bammers]

Re: bammers UE diary

Post #2 - Lloyds TSB Current Account Overdraft

Type of account: Overdraft
Date commenced: August 2001
Approx balance: £5500
Date last paid: Token payments until June 2009
Not Paying / Never acknowledged
Status: DEFAULTED 12/2009
Account owner: LOWELLS

Last contact prior to the below was sometime in 2013 - but can't seem to find the file at home for this one with any correspondence - think the last letter before was from Hamptons Legal
17/033/2015 - Received a letter from Lowells offering to settle debt with a 75% discount (so will accept £1,375ish) - payable immediately or can be paid by instalments.

This is the biggest discount any of the collectors have ever offered which makes me wonder if the debt is a complete lemon but am a bit confused on how overdrafts are treated/enforced - would be grateful for any views or if anyone can point me in the right direction

[Undercover Elsa]

Re: bammers UE diary

Hi Bammers,
Overdrafts are trickier than loans/credit agreements as there's often no definitive cut off point until they actually default and terminate. You can argue last payment but some DCA's will insist it's default date if that's after the last payment. Depends on the T&C's too. By this I mean the actual default date, not when it shows up on the CRA record, which can be months later.
If the account had already been defaulted and terminated prior to your last payment then the day after that payment would be when the SB clock started

So this was defaulted on your CRA record in December 2009? Do you remember getting a Default or Termination Notice, and do you still have them?

We do have a special CCA Request for overdrafts, should it become necessary to buy you some time. Have a read here: http://forums.all-about-debt.co.uk/s...CA-Information

For the moment I wouldn't do anything. I would wait and see what they do next...but do try and find the Default or Termination notice so you have all your ducks in a row if you need them.

Elsa x

[bammers]

Re: bammers UE diary

For the moment I wouldn't do anything. I would wait and see what they do next...but do try and find the Default or Termination notice so you have all your ducks in a row if you need them.

Elsa x

Thanks Elsa - really appreciate the steer. I'll have a route around the office as I have kept all the correspondence but the file isn't where I was expecting it to be! Will post back with further details when I find it

[Undercover Elsa]

Re: bammers UE diary

Anything showing when they first demanded full repayment would be helpful. Did they do this before you made your token payments?

[bammers]

Re: bammers UE diary

Anything showing when they first demanded full repayment would be helpful. Did they do this before you made your token payments?

Hi Elsa, sorry for delay - found the file which I had mislabelled as Halifax!

Ok so the first letter I have on file is dated 12th February 2009 - anything before that was binned by me....

The 12th February 2009 letter refers to "your unplanned overdraft which we now require you to repay within 2 days of receiving this letter" but this only refers to an amount of £42.16 being due...

I then have some statements of charges for a few months before a letter dated 4 August 2009 was received referring to a new planned overdraft being setup on the account for £4890 (not requested or agreed by me - I had cut my ties with them almost a year before).

The next demand is dated 2nd November 2009 and this one is headed up Enforcement Notice (served under S76(1) of the CCA 1974) - but again this only refers to a payment of £165.45 (being the unplanned overdrawn balance) being required by the 23rd November 2009.

After that is just a selection of standard DCA type letters for the whole sum (£5,500ish) from Credit Security Limited, Wescot, Nelson Guest Solicitors, iQor, Fredrickson until it was sold to Lowells in June 2013.

Does that help?

[Undercover Elsa]

Re: bammers UE diary

Hi Bammers,
Does the November Enforcement letter state the consequences of not paying the unplanned OD?

In any event it's looking as if it was the end of 2009, but if it was me my initial strategy would be to wait and see what they send next, and at some stage send the CCA (OD) request to gain some time.
If it comes to legal threats use the date of last payment. It's up to them to prove otherwise, but this being Lowells they tend to argue it's the default/termination date because of a fairly recent court case (BMW v Hart).
However we have a response to this as Hart referred to a very specific set of terms within a Hire Purchase agreement.

In short, see what they send next and let us know

Elsa x

[SaltnVinegar]

Re: bammers UE diary

Hi Bammers

Any more updates on your accounts? Hopefully all nice and quiet

Best
SnV

[PlanB]

Re: bammers UE diary

RBS / Mint Loan
Type of account: LOAN
Date commenced: 12/2006
Approx balance: £9,300
Date last paid: LAST FULL PAYMENT 11/2008, LAST TOKEN (£1) PAYMENT 06/2009

2014 - no contact from anyone
02/2015 - Arrow Global - tracing letter

I've not made any acknowledgement or contact since June 2009

This debt will go SB any minute if your last payment was in June 2009

What exact date in June was that last token payment made?

Plan B x

[bammers]

Re: bammers UE diary

This debt will go SB any minute if your last payment was in June 2009

What exact date in June was that last token payment made?

Plan B x

Hi Bammers

Any more updates on your accounts? Hopefully all nice and quiet

Best
SnV

Hi all,
Sorry I've not been on lately - hope everyone is well. Have checked through all the statements I hold and last payment to any of the accounts was on the 3rd July 2009 - I have one account where the default notice wasn't issued to me until October but everything else should be SB now no matter what date they try and use
Not had any correspondence or letters recently other than a tracing/enquiry letter the other day from DrysdenFairfax solicitors but not sure which one it relates to as no details provided - will wait a couple of weeks and see what follows it but assume I would be ok to start sending the SB letter soon

[SXGuy]

Re: bammers UE diary

Default date doesn't matter. It's when you last paid anything that counts towards SB

[bammers]

Re: bammers UE diary

Hi all,
Not had any correspondence or letters recently other than a tracing/enquiry letter the other day from DrysdenFairfax solicitors but not sure which one it relates to as no details provided - will wait a couple of weeks and see what follows it but assume I would be ok to start sending the SB letter soon

Well I know what the mysterious letter was about now - today received a letter from Bank of Scotland / DrydensFairfax regarding a mortgage shortfall following repossession. The property was sold in August 2010 so well within 6 years and the apparent shortfall is just over £25k

I always thought there might have been a shortfall but had never received any requests/demands to repay it so assumed it had been written off.... Not sure how to approach this one as assume it will not be covered by CCA like the other ones - can anyone point me in the right direction or offer any tips/steers?