Start of my diary

[PlanB]

have taken them just over two years to issue default.

Well they probably shouldn't have done that, but don't make them aware of it just yet as you inch towards Statute Barred status.

See what they do next and post on your thread when/if they do. At the moment they say they have suspended activity on your account.

Di

[Strepsi]

That suggests the debt could be SB in seven months time, depending on the Default date.

It's good that they have suspended activity on the account but there's no knowing how long that will last, you'll just have to hold your breath.

Let's hope you make it to SB, although even if you don't you've been told by Niddy that the credit agreement is currently unenforceable.

Fingers crossed for you

Di

Updated

Just received letter from Overdales

"Our client has informed us that unfortunately the copy of agreement and default notice are not available...We have suspended your account for 14 days to enable you to check the documentation and contact us with your intentions towards the debt. Should we not hear from you, legal action may be considered"

They did supply NOA!

Thoughts please, I think this is 'potentially' good news?

[Colin G Quinn]

Hi Strepsi,

That is good news.

It may not stop them issuing a Claim. However, the letter you have received needs to be guarded as, if they do issue, you have concrete evidence they have issued a Claim which is completely without merit.

If they don't have any agreement how can they possibly have considered the merits of any potential action and satisfied themselves that any alleged agreement is enforceable?

Furthermore, the Court of Appeal has held that absent evidence of service and expiry of a compliant Default Notice a Claim cannot succeed, and a consumer has an unanswerable right to apply for the said Claim to be dismissed. That Court of Appeal Judgment is binding on all Court's below.

If they issue you are basically pushing on an open door.

I'd suggest filing the letter away in a safe place and remaining silent.

They should actually have written to you to advise any alleged debt is unenforceable.

[PlanB]

Just received letter from Overdales

[B]"Our client has informed us that unfortunately the copy of agreement and default notice are not available...We have suspended your account . . . "

This may be "unfortunate" for Overdales solicitors and their client (Lowell), but it's fortunate for you

Pity they didn't think of that before they tried to frighten you into paying them by sending a Letter of Claim threatening legal proceedings!

Di

[Strepsi]

Hi Strepsi,

That is good news.

It may not stop them issuing a Claim. However, the letter you have received needs to be guarded as, if they do issue, you have concrete evidence they have issued a Claim which is completely without merit.

If they don't have any agreement how can they possibly have considered the merits of any potential action and satisfied themselves that any alleged agreement is enforceable?

Furthermore, the Court of Appeal has held that absent evidence of service and expiry of a compliant Default Notice a Claim cannot succeed, and a consumer has an unanswerable right to apply for the said Claim to be dismissed. That Court of Appeal Judgment is binding on all Court's below.

If they issue you are basically pushing on an open door.

I'd suggest filing the letter away in a safe place and remaining silent.

They should actually have written to you to advise any alleged debt is unenforceable.

Thanks Colin the letter is filed safe in our extensive folder!

[Strepsi]

This may be "unfortunate" for Overdales solicitors and their client (Lowell), but it's fortunate for you

Pity they didn't think of that before they tried to frighten you into paying them by sending a Letter of Claim threatening legal proceedings!

Di

Hi Di,

I was frightened beyond words before I found this forum, in fact I could probably say my/our situation was making me very poorly (like many others, I am sure).

But as time as gone on, with the help of you and many others who have been part of this journey I have been able cope much better.

I consider that I am fortunate with this one, but it isn't unexpected.

Cheers

[PlanB]

Hi Di,

I was frightened beyond words before I found this forum, in fact I could probably say my/our situation was making me very poorly (like many others, I am sure).

But as time as gone on, with the help of you and many others who have been part of this journey I have been able cope much better.

It's been a privilege to be able to help you to deal with your situation.

Almost all members of this forum have had personal experience of debt and the bullying by debt purchasers and their solicitors which goes hand in hand with it.

Been there, done that

As I keep saying, unenforceability it's a legal argument not a moral argument.

Take care of yourself

Di

[Strepsi]

1st November 2018, 14:04

Originally posted by Strepsi View Post

• 19th April 2017, 23:00Re: Start of my diary
  
  Hsbc 1998
• Amount 1831
• Overdraft Current Account
  
  10th June 2016 HSBC
  Please be advised that your account is today being referred to Wescot Credit Services Ltd who will be contacting you within the next 14 days...
  
  15th June 2016 Wescot
  Wescot is a specialist debt collection agency...
  
  25th June 2016
  Our enquiries have confirmed you are resident...
  
  5th July 2016 40% Reduced Settlement Offer
  We have written to you on several occasions asking you to contact us...
  
  Date updated 5th May 2017
  Really don't want to be vague, but received exactly same letters, same fornats and wording other than amount and account details.
  
  From same entities HSBC, Arrow Global and Capquest.

Letter received from Capquest today

thank you for your recent correspondence.

we write to confirm your request has been forwarded and we await receipt of copy documentation from the originating creditor.

upon receipt of the relevant information, the same will be forwarded with immediate effect.

your account will be on hold pending the documentation.


*no postal order returned on this request....



Received from Capquest earlier

Big pack of statements, general terms and condition and one letter dated June 2013 from HSBC regarding overdraft


Dear Mr

Account type: Bank Account

this letter contain important information relating to your overdraft.

we have carried out a review of your od facility. this provides you with the opportunity to consider whether your od facility is still appropriate to your borrowing requirements....


Don't know what I should be looking out for?

Just received letter from Arrow advising transfer to Dryden's, I await the letter from them.

I have never CCA'd Arrow only Capquest.

[PlanB]

Just received letter from Arrow advising transfer to Dryden's, I await the letter from them.

I have never CCA'd Arrow only Capquest.

May I just check when you last paid anything towards this debt in case you're getting close to Statute Barred which might dictate the way you manage the next step, and when?

Di

[Strepsi]

May I just check when you last paid anything towards this debt in case you're getting close to Statute Barred which might dictate the way you manage the next step, and when?

Di

Hi,

The last payment I made to this account want February 2016.

[Timewilltell]

I had an account or two that was passed from Arrow to DF and too be honest soon batted them away with a cca request, not heard from them since?

[Timewilltell]

Deleted as I’d read incorrectly.

[PlanB]

The last payment I made to this account want February 2016.

In which case this debt may become Statute Barred early next year depending on the default date etc because it was an overdraft.

Wait for Drydens to write to you and then decide what to do next to filibuster your way to SB.

Your post prompted me to look back to the very beginning of your Diary where you listed a total of 25 debts between you and your wife in 2016. So it seems all of those have the potential to go SB next February too.

I can see how hard you've fought since joining the forum (and I can see I've been posting on this thread since the beginning ) and now you're almost free. There have been a couple of blips along the way but the overall success is a triumph and a testimony to the AAD forum way of managing the situation spread over 831 posts.

Here's a post made by Niddy in 2017 which basically sets out the way it works. Nothing has really changed since then - it still works!

Re: Start of my diary

Because by just ignoring them they *could* start proceedings. However, under the Act (CCA1974) if they're in default of a valid & lawful s.77-79 request (ie you paid the £1 statutory fee whilst making a formal request) the Judge is not entitled by the Act to enforce the agreement so by sending the AAD version of Sold in Dispute / Missing PT's templates, you're informing the current owner / new owner (DCA) that there's a problem, that they're in default & best - that whilst they remain in default you consider the agreement unenforceable.

What you aren't doing is telling them what is wrong, so they remedy the breach and fulfil the request bringing it out of a default position. Never give up your ace card if you have one. If you're blagging it for SB then sit tight, the more it moves around the more risk of things going missing.

In essence this paper trail would assist you if a claim were to be issued.

Di

[Strepsi]

In which case this debt may become Statute Barred early next year depending on the default date etc because it was an overdraft.

In which case this debt may become Statute Barred early next year depending on the default date etc because it was an overdraft.

Wait for Drydens to write to you and then decide what to do next to filibuster your way to SB.

Your post prompted me to look back to the very beginning of your Diary where you listed a total of 25 debts between you and your wife in 2016. So it seems all of those have the potential to go SB next February too.

I can see how hard you've fought since joining the forum (and I can see I've been posting on this thread since the beginning ) and now you're almost free. There have been a couple of blips along the way but the overall success is a triumph and a testimony to the AAD forum way of managing the situation spread over 831 posts.

Here's a post made by Niddy in 2017 which basically sets out the way it works. Nothing has really changed since then - it still works!




Di

In which case this debt may become Statute Barred early next year depending on the default date etc because it was an overdraft.

The default has dropped off my file, according to Experian.

The letters have become less frequent. As a result there should be less post's. Shame as I was trying to set an unbreakable record!

Anyway, received what looks like an LBC from Dryden's, but doesn't have that written into message.

So the question when should I CCA Arrow and Dryden's?

I am trying to work out at what point I can start beginning to celebrate (if that is the correct word?).

And at what point we will be able to start to think about moving on with our life, for example move house, make house bigger via mortgage or remortgage. You feel like your life (or part of) is on hold!

There are a few accounts (dca's)that aren't even attempting to chase (get more threatening) or even some OC's that have assigned to DCA. Does that make sense?

[PlanB]

received what looks like an LBC from Dryden's, but doesn't have that written into message.

So the question when should I CCA Arrow and Dryden's?

That was quick!

I wonder whether it is a Letter of Claim or just an introductory letter from Drydens.

Does it include a Reply Form with Boxes A, B, C or D to tick? And is there an I & E Form also attached?

If it is a Letter of Claim it should make that clear and give you 30 days to reply.

Di