Start of my diary

[Joanna Connolly Solicitors]

Thanks for your time earlier, it was as usual very helpful.

You're welcome.

Talking things through helps to put things in context, especially if information in some documents 'conflicts' with information in others

The devil is always in the detail!

Di

[Strepsi]

*Updating diary

Received a letter from Cabot UK in September advising of impending visit from Resolve call, responded to this by sending a CCA request direct to Cabot UK and not Ikea (Ikano BanK).

Letter received last week.

"Thank you for your request for information under sections 77-79 of the CCA 1974. Unfortunately we do not have the relevant information on file, so we will requesting a copy...this they make some time but will write to you within 12 days with an update"

**Updating...
Received further letter
"We haven't been able to obtain the information you requested from the original lender. If this information becomes available to us later, we'll complete your request and send you the relevant information.
Until we can supply this, your account is unenforceable. This means...."

[Strepsi]

Re: Start of my diary

Halifax 05/11/2008 5118
Enforceable in Default

19th July 2016
As we haven't been able to agree a suitable repayment plan we've transferred your Halifax Credit Card account to a debt collection agency, we've instructed Wescot Credit Services Limited to arrange collection of the outstanding amount.

24th July 2016

Wescot is a specialist debt collection agency and we have by our client, Halifax Credit Card to make contact with you to discuss the outstanding balance on this account account and the repayment options available...

3rd August 2016
Our enquiries have confirmed you are resident at the address above but we have not yet agreed a solution for this account with you...

13th August 2016
We have written to you on several occasions asking you to contact us about this account, however to date we have not yet agreed a solution...

2nd December 2016 Moorcroft Debt Recovery
To prevent further debt recovery action please send your payment before 9th December... if you do not contact us following receipt of this letter we may have no alternative other than recommend to our client that they consider possible further debt recovery action against you.

16th December 2016
As we have not received any communication from you with regards to your outstanding account we are concerned that your financial position means that you may not be in a position to meet our requests to clear the account in full...

2nd January 2017 Moorcroft
We are aware that you have failed to agree an affordable repayment plan with us concerning the above account... referral to our Home Collections Division...

16th January 2016
Our records show that despite our previous attempts to contact you, you have failed to make any payments to us and therefore your account has now been passed to our Home Collections Division...

13th February 2017 Moorcroft - Discount Offer
I am disappointed to note that despite our numerous attempts to contact you no satisfactory agreement has been reached regarding the outstanding balance of £5116.44 on the above account.

13th March 2017 Moorcroft - Good News
You could be free of this debt today if you telephone us and agree one of the following options:
Interest Free Repayment Plan
A Substantial Discount

Updated....
Just received letter (NOA) in same envelope that, this has been assigned to PRA Group. Just a really nice introductory letter. Unfortunately no Christmas Card...

[Strepsi]

**Updating...
Received further letter
"We haven't been able to obtain the information you requested from the original lender. If this information becomes available to us later, we'll complete your request and send you the relevant information.
Until we can supply this, your account is unenforceable. This means...."

Just received offer letter of 75%...

[Warwick65]

Payment of 75% or 75% off. I know either way it’s a no from you ?

[Strepsi]

Payment of 75% or 75% off. I know either way it’s a no from you ?

75% off, and yes it is no. Bearing in mind the previous correspondence and other factors...

[Joanna Connolly Solicitors]

Updated....
Just received letter (NOA) in same envelope that, this has been assigned to PRA Group..

I’ve had a quick look back at your thread but can’t see whether you ever sent a s78 CCA Request to Halifax in the past, although I can see you refer to the debt as “enforceable” in some posts.

However, even if Halifax sent you an enforceable credit agreement, that doesn’t mean PRA will necessarily be able to get their hands on the same document.

Don't send a CCA Request to PRA now. Wait to see how things develop.

When did you last make a payment to this debt? It looks like that may have been before 2016.

Di

[Warwick65]

I had two accounts with RBS. When RBS owned the debt they provided enforceable agreements. These were then sold to Cabot and when they started adding to the pressure I sent another S78 request . The reply was they couldn’t source it. A few weeks later they closed both accounts , about 3k written off.

so sometimes there is a god

[The Tech Clerk]

wheres that Tenner ye old me lol??

[Joanna Connolly Solicitors]

received letter (NOA) in same envelope that, this has been assigned to PRA Group. Just a really nice introductory letter. Unfortunately no Christmas Card...

Have PRA been chasing you for this ex-Halifax debt which was assigned to them before Christmas?

It’s unlike them to stay quiet for long.

I can see you refer to the debt as being enforceable, so I presume that was Niddy’s opinion following a CCA Request you made to Halifax in the past. However, PRA may not have access to the same documents.

Dont send another CCA Request just yet - wait to see how things develop.

When did you last pay anything towards this debt?

Di

[Strepsi]

Have PRA been chasing you for this ex-Halifax debt which was assigned to them before Christmas?

It’s unlike them to stay quiet for long.

I can see you refer to the debt as being enforceable, so I presume that was Niddy’s opinion following a CCA Request you made to Halifax in the past. However, PRA may not have access to the same documents.

Dont send another CCA Request just yet - wait to see how things develop.

When did you last pay anything towards this debt?

Di

Hi,

Just this week I received a time limited discount offer, this expires mid February.

The last payment on this debt was made Jan/Feb 2016.

I was going to hang fire for a while with regards CCA, see how things went with type of letter.

I have recent experience with PRA !

[Joanna Connolly Solicitors]

this week I received a time limited discount offer, this expires mid February.

The last payment on this debt was made Jan/Feb 2016.

I was going to hang fire for a while with regards CCA, see how things went with type of letter.

So you've got a year to go before the debt may become Statute Barred (depending on Default date etc).

I wonder if PRA realize that so may turn up the heat to beat the SB clock. They'll write again next month no doubt. In the meantime keep your head down.

Di

[Strepsi]

So you've got a year to go before the debt may become Statute Barred (depending on Default date etc).

I wonder if PRA realize that so may turn up the heat to beat the SB clock. They'll write again next month no doubt. In the meantime keep your head down.

Di

I keep researching on SB, I aren't sure when I received default on this and perhaps other accounts.

Forsake of argument, if my 6 years of having contact but the account isn't defaulted until 3 years after. Will the debt SB'd in a further 3 years, so 6 years after the default? Does that make sense?

Also what is the best way of getting a definitive answer on default dates, on occasion when I get an update via 'clear score', it appears that default are added and the dates don't make sense, I think it is when the debt is purchased. But a debt can only be defaulted once.

Would I get a more accurate information from Experian.

Obviously need to keep my head down, so don't want to asking for GDPR at the moment?

[Joanna Connolly Solicitors]

I keep researching on SB, I aren't sure when I received default on this and perhaps other accounts.

Forsake of argument, if my 6 years of having contact but the account isn't defaulted until 3 years after. Will the debt SB'd in a further 3 years, so 6 years after the default? Does that make sense?

Also what is the best way of getting a definitive answer on default dates

I think this post by Colin is a good way to get the answer to your question on default dates where he explains it in Plain English >

Where the date of default is held to be the date upon which the 6 year Limitation period accrues, I posted earlier today that numerous Creditors will rely on the fact the default wasn't registered the day after the expiry of a Default Notice and much later. That argument can be used to suggest a failure to provide the requisite time to remedy a breach is insignificant, or it can be used to extend a Limitation Period.

In effect, company X could serve a Default Notice, being the precondition of and notification to a Consumer of an intention to enforce a regulated Agreement, but not actually register the Default for some time, whilst that company got its house in order' and prepared its case. Obviously, that position would face opposition.

Di

[Strepsi]

Hi,

Just this week I received a time limited discount offer, this expires mid February.

The last payment on this debt was made Jan/Feb 2016.

I was going to hang fire for a while with regards CCA, see how things went with type of letter.

I have recent experience with PRA !

#730

Received letter from PRA.

Advising that now with litigation department. I have 30 days to reply from date of this letter.

I then would assume that I will get another threatening letter...