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  • Timewilltell
    replied
    Isn’t the silence until necessary rule always been the same?

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  • Timewilltell
    replied
    So what tactics have changed then? What current law examples are you referring too? I wasn’t aware that changes had occurred?

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  • Roger
    replied
    Originally posted by Timewilltell View Post
    Can I just ask? When the write saying that ‘they know you’re a house owner’ is that not considered as intimidation? Or possibly breach of Data act as strictly speaking whether you own a house or not is sod all to do with them until it reaches a court I’m thinking?
    Am I wrong?
    These are Businesses seeing high profits on those in debt. They are NOT Charities!!
    The irony won't be lost the uncreditworth (your Credit Rating trashed for six years) makes you good for their business!

    Now the Home Owner is far more attractive than the penniless! It means the possibility of getting 100% or More of a return on their penny in the pound paid for a Bad Debt! I mean look at soaring Property Prices and Equity being built up!

    Goof Business is a Nice little charge on your property plus interest!

    They will try to intimidate!! Snide remarks anything to get you to engage with them! But silence is golden isn't it.

    Remember that at this time the CCA 1974 is a Letter (SNAIL) based Law. Go and look for yourself!
    So you can ignore and block TXT's, Emails, Phone etc.. Everything in writing is really good advice!!

    So this is where you tread with care and build up that Diary as well as your personal file. Watching and learning from current Law and making notes! Knowledge is taking control. Tactics have recently changed! That's something to pick up on!
    You can learn so much from AAD and the Diary's!

    Leave a comment:


  • Timewilltell
    replied
    Can I just ask? When the write saying that ‘they know you’re a house owner’ is that not considered as intimidation? Or possibly breach of Data act as strictly speaking whether you own a house or not is sod all to do with them until it reaches a court I’m thinking?
    Am I wrong?

    Leave a comment:


  • Roger
    replied
    Originally posted by Jaffacake View Post

    All the accounts were defaulted at least 4 years before 03/2016.
    what is the expiry of a default notice?
    Is there a thread on this?
    That's good! Doesn't always follow some like Barclaycard for instance often delayed and dithered before sending Default Notices.

    Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12 (23 January 2019)
    https://www.bailii.org
    ".. the effect of CCA s.87 was that the cause of action only arose after the time specified in the default notice for remedying the default .."

    @Joanna refers to this here https://all-about-debt.co.uk/forum/a...05#post1543505

    A good Diary goes a long way to covering these issues.

    Leave a comment:


  • Jaffacake
    replied
    Originally posted by Roger View Post

    BUT check also the Default Notice because ".. expiry of a default notice so that limitation did not start to run until the day after the expiry of the Default Notice. .."
    All the accounts were defaulted at least 4 years before 03/2016.
    what is the expiry of a default notice?
    Is there a thread on this?

    Leave a comment:


  • Roger
    replied
    Originally posted by Jaffacake View Post
    England so i think its 6 years and a 1 month before sb?
    BUT check also the Default Notice because ".. expiry of a default notice so that limitation did not start to run until the day after the expiry of the Default Notice. .."

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  • Jaffacake
    replied
    England so i think its 6 years and a 1 month before sb?

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  • The Tech Clerk
    replied
    where do you live? england/wales /scotland?

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  • Jaffacake
    replied
    Originally posted by Joanna Connolly View Post

    When did you stop making payments through Moneyplus?
    Hi Joanna
    I stopped paying in feb 2016 but i think money plus then make a payment a month later, so i would say march 2016 was the last ever one.

    Leave a comment:


  • Joanna Connolly
    replied
    Originally posted by Jaffacake View Post

    Good Afternoon all, just the normal update of my diary.
    nothing much to report really apart from the above quoted update. In about 4 months time it will be the 6 year anniversary of my diary ?

    Hope you all have a good Christmas and New Year.?
    When did you stop making payments through Moneyplus?

    Leave a comment:


  • nightwatch
    replied
    HANG ON IN THERE,

    hope you also have a good Christmas and New Year

    Leave a comment:


  • Jaffacake
    replied
    Originally posted by Jaffacake View Post
    Re: time to sort this mess out

    TYPE OF ACCOUNT – Barclay card
    Date Commenced - 2003
    Approx Balance - 2692
    Date last paid - ?
    Arrangement or not paying – DMP
    Status – default 2012
    Account owner – capquest

    23/02/2013- Letter from Barclaycard notice of assignment to capquest.
    23/02/2013- letter from capquest confirming the above.
    03/03/16- CCA request sent
    04/03/16- CCA request signed for
    29/03/16 - received letter stating that money plus are no longer dealing with my account and for me to contact them regarding payment account on hold until 04/04/16.
    19/09/2016- received a statement letter.
    26/09/2017- settlement offer letter received and to contact them.
    24/07/2018- letter introducing a new payment method.
    24/07/2019- letter asking for me to contact as they have not heard from me, also stating Resolvecall Ltd will be visiting property.
    14/12/2021- letter stating that after additional enquiries they know im a home owner and that its important that they speak to me, also offering over 50% discount offer.



    - - - Updated - - -
    Good Afternoon all, just the normal update of my diary.
    nothing much to report really apart from the above quoted update. In about 4 months time it will be the 6 year anniversary of my diary ?

    Hope you all have a good Christmas and New Year.?

    Leave a comment:


  • nightwatch
    replied
    Hubby had a Lloyds TSB card, after a few years of it being passed from one to another DCA, sending the ,Sold in Dispute letter, being told he would of signed an agreement, they will send it when found, SAR said they didn't have an agreement as the account was too old, (taken out as a TSB original card when debit cards first started out, them morphed into a visa, nothing signed) Lloyds put another default on credit file, sar said we had asked for it's removal, a manager said not to as we might not pay, big complaint, DF removed and £150 compo.
    Finally they said they didn't have a CCA and were closing the account.

    fingers crossed for you

    Leave a comment:


  • Jaffacake
    replied
    TYPE OF ACCOUNT – lloyds TSB CC
    Date Commenced - 1999
    Approx Balance - 2928
    Date last paid - ?
    Arrangement or not paying – DMP
    Status – default 2008
    Account owner – Cabot (17/10/2012 Lloyds TSB assigned debt to Prime Credit/Apex. 29/07/2014 debt assigned to Cabot Credit Management Group.


    03/03/16 – CCA request sent
    04/03/16 – CCA request signed for
    26/03/16 - received letter saying they have requested documents and it could take upto 40days.(shows Lloyds TSB Credit card but wrong ref number and alleged amount)
    26/06/16 - letter saying thankyou for paying in the past but can you contact them so I can clear the balance.
    06/07/16 - missed phone call voicemail left asking me to contact them about a personal matter
    07/07/16 - missed phone call voicemail left asking me to contact them about a personal matter
    08/07/16 - missed phone call voicemail left asking me to contact them about a personal matter
    10/07/16 - letter asking to make a new plan.
    30/08/16 - letter asking me to fill in a income and expenditure form.
    30/09/16 - statement.
    31/11/16 - letter saying they have gone digital and to register.
    30/12/16 - standard contact us letter.
    29/01/17 - not heard from you letter.
    02/02/17 - another chasing letter saying that I've not contacted them still.
    28/02/17 - standard contact us letter.
    03/04/17 - letter saying there getting fedelite to make a door step visit to get me back in touch with Cabot.
    27/04/17 - first letter from fidelite today asking me to contact them within 7days(letter dated 21/04/17) or they will make a personal visit to my house.
    04/08/17 - welcome back letter after passing management to an agent.
    21/08/17 - letter asking for my budget and save £50.
    25/08/17 - welcome back letter and still waiting to hear from you letter.
    26/09/17 - Balance waiting to be paid letter.
    31/10/17 - fill in a budget form letter.
    14/11/17 - make a plan letter.
    25/11/17 - letter asking me to tell them my budget and save £50.
    26/04/18 - build a plan around budget letter.
    18/07/18 - asking me to set up a plan and they will treat me to a gift card.
    15/08/18 - asking to pay balance letter.
    15/10/18 - balance waiting to be paid letter.
    09/04/19 - make a payment plan letter.
    21/05/19 - tell us your budget letter.
    14/11/19 - urgent attention and giving me 9 days to respond.
    15/05/20 - send us your budget and put a plan in place letter.
    05/06/20 - 50% discount offer letter.
    13/07/20 - get back on track letter.
    31/07/20 - need to make a plan letter.
    17/08/20 - build a plan around budget letter.
    04/09/20 - were giving you control letter.
    11/09/20 - tell us your budget letter.
    13/11/20 - 70% discount offer letter.
    13/11/20 - saying ive paid in the past and time to get back on track.
    13/01/21 - youve paid in the past and time to get in touch letter.
    28/01/21 - over 1million customers pay regularly and on time and that im not one of them.
    12/02/21 - we need your urgent attention letter.
    12/02/21 - 70% discount offer letter.
    07/03/21 - letter stating that they have advised Resolvecall to visit my home.
    26/03/21 - Letter from Resolvecall saying they have been instructed by Cabot Financial(Europe)LTD to assist in collecting outstanding balances.
    26/04/21 - Doorstep visit from Resolvecall.
    26/04/2022 - Letter saying they have passed account onto Global Debt Recovery Ltd



    The above is the Debt agent they are acting on behalf of, i have listed every letter i have received from them.
    A few alleged debts are held by cabot and from looking through my paper work i received 2 identical letters regarding the cca requests for 2 seperate debts. One lists a halifax credit card and the other showing Lloyds but wrong alleged amount and ref number.
    Last edited by Jaffacake; 26 April 2022, 14:28.

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