Johng27 - My diary

[Johng27]

Hi Di,

It is with Arrow Global (Guernsey) Limited

[Johng27]

Debt 9 - MBNA

Type of account - Credit Card agreement
Date commenced 2001
Approx balance - £13298.33
Date last paid - 15th September 2016
Are you on arrangement or not paying - Was on arrangement to pay but stopped paying
Status - Default gone off credit file
Account owner Link Financial

14th August 2015 - Response to CCA request stating from Link stating that have requested information from MBNA - FILED
30th November 2015 - Statement of account from link. was still paying at this point - - FILED
6th January 2016 -Letter from Link stating that DMP told them I am no longer on a plan - FILED
22nd January 2016 - Letter from Link stating that they agree with my new proposed amount - FILED
31st May 2015 - Statement of account from link. was still paying at this point - - FILED
22nd July 2016 - Letter from Link stating that they agree with my new proposed amount - FILED
2nd October 2016 - Reminder sent from template section to Link Financial stating non compliance of request since August 15
10th October 2016 - Link state that they fulfilled my obligation on 21/12 15 in terms of S77/78 request and they do not agree that the account is unenforceable - FILED
27th October 2016 - Link stating I have stopped payment and to contact them - FILED
5th December 2016 Statement of account from Link - Statement shows last payment made 15/09/16. - FILED
8th January 2018 - Statement of account from Link - FILED
No date on letter - Link stating that they were sold the debt on May 2008 and we have reached no conclusion on payment. they have kindly attached a direct debit form form - FILED
18th May 2018 - Letter from Link stating that they have tried to contact me without response and they are sure I have a good reason - FILED. I certainly have a good reason for not contacting them.
11th July 2018 - Statement of account from Link - FILED
19th September 2018 - Letter from Link stating that they have not contacted me for a while as they have had to validate my address - FILED
22nd November 2018 - Letter from Link stating that they have not contacted me for a while as they have had to validate my address - FILED
5th January 2019 - Statement of account from Link - FILED
28th June 2019 - Letter from Link stating that they have tried to contact me without response and they are sure I have a good reason - FILED. I certainly have a good reason for not contacting them.
28th November 2019 - Letter from Link stating that they have been unsuccessful in trying to contact me - FILED.
10th March 2020 - Letter from Link stating that they have not contacted me for a while as they have had to validate my address - FILED
24th April 2020 - Letter from Link stating that I will be aware that my account previously owned by Link Financial Limited is being serviced by Link Financial Outsourcing Ltd - FILED

Hi I would like to check something out with the forum on this debt. I have updated my letters and I think some are missing. I would like to bring attention to the response from Link on 10th October 2016 stating that they have fulfilled my request. As far as I know, I did not get any CCA correspondence in the post, hence my reason for writing to them in October 2016. since then, there have never been any threats of legal action but they corresponding at the moment. Should I sit tight and not poke the hornets net until I next here from them ( I think this is the preferred action) or should I push on the CCA request ?

[Joanna Connolly Solicitors]

I would like to check something out with the forum on this debt. Should I sit tight and not poke the hornets net until I next here from them ( I think this is the preferred action) or should I push on the CCA request ? [/SIZE][/QUOTE]


I think you've just answered your own question - sit tight and do nothing.

When you next hear from Link post on your thread again.

Unless it's a Letter of Claim I expect you'll get the same answer

Di

[Johng27]

Thanks Di, that confirms my thoughts. I am just tightening up on all debts as I come upto the 4 year mark in terms of SB.. I will update on any future updates.

[Johng27]

Debt 16 - Lombard Loan
Type of account - Credit Card agreement
Date commenced 2003
Approx balance - £9293.39
Date last paid - 13th July 2020
Are you on arrangement or not paying - On arrangement to pay
Status - Default gone off credit file
Account owner IDEM

I am currently paying this debt to IDEM and have been doing for a number of years. A CCJ was served on the loan around Nov 2006 for £150 per month. Around April 2010, I agreed a new payment with IDEM of £50 on an income and expenditure call. This made me think that they were oblivious to the fact that the loan was subject to a CCJ. I have continued to make that payment and will do so for another 15 years at which point I will be 70. I requested a CCA in 2016 and they returned an agreement that Niddy thought was enforceable so I have continued to pay. My ideal would be to get a full and final settlement for around 20% but I cannot see them agreeing to this in the short term as I continue to make payment. So the question is, do I stop paying them and make a challenge. There is a risk of uncovering the CCJ information but I think that it is dead and buried. I do have the necessary funds to support any of the outcomes eg. if they get shitty I can catch up payment or very worst case, pay them in full. Part of me I thinking of just leaving it, but the devil in me is saying take them on.
Incidentally, I have a letter today from Robinson Way thanking me for updating my details for this loan, so they have referred to a DCA even though they are getting payment.

So I don't know what the thoughts are from the forum but I would be interested in what scenarios people think may play out

[Timewilltell]

Which Idem is it? There is one which is not registered by FCA, don’t know if this will be relevant given a CCJ has been served?Diana Mayhew for options.

[Johng27]

Yes it is the IDEM which is not registered by the FCA and that was behind some of my thinking

[Roger]

Debt 16 - Lombard Loan
Type of account - Credit Card agreement
Date commenced 2003
Approx balance - £9293.39
Date last paid - 13th July 2020
Are you on arrangement or not paying - On arrangement to pay
Status - Default gone off credit file
Account owner IDEM

I am currently paying this debt to IDEM and have been doing for a number of years. A CCJ was served on the loan around Nov 2006 for £150 per month. Around April 2010, I agreed a new payment with IDEM of £50 on an income and expenditure call. This made me think that they were oblivious to the fact that the loan was subject to a CCJ. I have continued to make that payment and will do so for another 15 years at which point I will be 70. I requested a CCA in 2016 and they returned an agreement that Niddy thought was enforceable so I have continued to pay. My ideal would be to get a full and final settlement for around 20% but I cannot see them agreeing to this in the short term as I continue to make payment. So the question is, do I stop paying them and make a challenge. There is a risk of uncovering the CCJ information but I think that it is dead and buried. I do have the necessary funds to support any of the outcomes eg. if they get shitty I can catch up payment or very worst case, pay them in full. Part of me I thinking of just leaving it, but the devil in me is saying take them on.
Incidentally, I have a letter today from Robinson Way thanking me for updating my details for this loan, so they have referred to a DCA even though they are getting payment.

So I don't know what the thoughts are from the forum but I would be interested in what scenarios people think may play out

I think you need to find out what is or isn't on record and I would start with a SAR to Lombard.
That SAR would show the CCA request of 2016 and presumably other correspondence between Lombard and Idem.
I am assuming that Lombard obtained the CCJ and the question is whether IDEM knew or know of this.
Because on the sale of the DEBT there probably wouldn't have been a Default Notice! (because of the CCJ) so this approach might be your best way forward and Bluffing!
I would do nothing until you get this SAR

[Johng27]

Thanks Roger. I was thinking of a SAR as the CCJ was certainly issued before the debt was assigned to IDEM

[Roger]

Thanks Roger. I was thinking of a SAR as the CCJ was certainly issued before the debt was assigned to IDEM

Well tactics is probably the order of the Day. First through SAR find out what, if anything, Lombard have on their records and and what Idem may or may not have been told about this Debt!
I am suggesting this because of your 2016 CCA request!! It seems they went through the motion of asking Lombard! Treating the S.77/78 as a Consumer Right etc.. When you think about this they should have come back and said CCJ!
So find out what is on the records or not!

[Joanna Connolly Solicitors]

Yes it is the IDEM which is not registered by the FCA and that was behind some of my thinking

The CCJ from 2006 won’t become Statute Barred, although if 6 years of silence happens they would have to make an Application to the court to enforce. However you are still paying them so it would be difficult to argue they had let the CCJ stagnate.

However if Idem do not have FCA authorisation to issue legal proceedings then they may be in difficulty if they try to enforce.

Also Idem was not the Judgment Creditor (the Claimant) in the proceedings so they would need to prove the assignment from Lombard and also the transfer of the CCJ in legal terms. This could be tricky if they are blissfully unaware of any historical CCJ.

A SAR to Lombard might shed some light on what happened and when.

Di

[Johng27]

Just Looking at this Di, I also a mastercard debt with Lombard that is enforceable but has been quiet for a couple of years. If I request a SAR, is there a chance that I could re-awaken them on this debt. I do want to try and see what is held for my Lombard CCJ but would be happy to hold off.

[Joanna Connolly Solicitors]

Re: Johng27 - My diary

Debt 2 - Lombard Credit Card

Type of account - Credit Card agreement
Date commenced 8th April 2002
Approx balance - £6044.36
Date last paid - 8th September 2016
Are you on arrangement or not paying - Arrangement to pay
Status - Default gone off credit file
Account owner Lombard Direct (OC) - Westcott now collecting

Confirmed by Niddy as enforceable however I am going to act dumb and see how far it goes

6th October 2016 received from Wescot - Our records show we have not received payment IGNORED
10th October 2016 Phone call and voicemail received from Wescot - IGNORED
11th October 2016 Phone call and voicemail received from Wescot - IGNORED
12th October 2016 Phone call and voicemail received from Wescot - IGNORED
13th October 2016 Phone call and voicemail received from Wescot - IGNORED
14th October 2016 Phone call and voicemail received from Wescot - IGNORED
16th October 2016 Phone call and voicemail received from Wescot - IGNORED
15th October 2016 from Wescot - We wrote to you on 5th October (err your letter dates 6th !!)... Please contact us urgently IGNORED

^^^^ Is this the Lombard credit card which you're referring to in your last post?

I can see you've not updated your thread post since 2016 so has there been no contact from them since then?

Is there a remote possibility that the debt has been assigned since then?

Without knowing the current situation with this debt it's hard to comment on your hesitation to send a SAR to Lombard (about the CCJ) in case it reawakens this credit card debt.

Di

[Johng27]

Hi Di,

Yes it is the card mentioned.I have updated the information on this card so that you can see the latest picture. The last time that I seemed to get any correspondence was June 2018. I have moved twice since then so not sure if some letters have gone missing even though I have redirected post. As far as I am aware, the debt has not been reassigned by Lombard.

Debt 2 - Lombard Credit Card

Type of account - Credit Card agreement
Date commenced 8th April 2002
Approx balance - £6044.36
Date last paid - 8th September 2016
Are you on arrangement or not paying - Arrangement to pay
Status - Default gone off credit file
Account owner Lombard Direct (OC) - Westcott now collecting

Confirmed by Niddy as enforceable however I am going to act dumb and see how far it goes

6th October 2016 received from Wescot - Our records show we have not received payment IGNORED
10th October 2016 Phone call and voicemail received from Wescot - IGNORED
11th October 2016 Phone call and voicemail received from Wescot - IGNORED
12th October 2016 Phone call and voicemail received from Wescot - IGNORED
13th October 2016 Phone call and voicemail received from Wescot - IGNORED
14th October 2016 Phone call and voicemail received from Wescot - IGNORED
16th October 2016 Phone call and voicemail received from Wescot - IGNORED
15th October 2016 from Wescot - We wrote to you on 5th October (err your letter dates 6th !!)... Please contact us urgently IGNORED
11th January 2017 from Lombard Direct - We have been unable to contact you so we are assigning to Moorcroft IGNORED
30th January 2017 from Moorcroft - Your account details have been passed to us by Natwest Card Services IGNORED
01 February 2017 from Moorcroft sent to my new address - We are attempting to contact the named person and have been provided your address as a possible address for our customer IGNORED
14th February 2017 from Moorcroft - Your account has been passed to us by Natwest Card services IGNORED
25th February 2017 from Moorcroft - We do not appear to have received contact from you in relation to previous letter IGNORED
14th March 2017 from Moorcroft - Monthly instalment offer. Failure to respond in 7 days may leave us with no option but to recommence collection activities IGNORED
28th March 2017 from Moorcroft - We are aware that we have failed to agree an affordable repayment. Our options are continue to contact you by letter or phone or instruct a local representative to arrange a call at your home IGNORED
12th April 2017 from Moorcroft - Our records show no contact so we have passed to our home collection division IGNORED
13th July 2017 from Lombard Direct - Our collection agents have been unable to contact you therefore we have your details have been passed to Allied International IGNORED
31st July 2017 from Allied International - Your account details have been passed to us by Lombard Mastercard to act as a collection agent IGNORED
22nd Feb 2018 from Robinson Way - Our client Natwest has asked us to agree an affordable repayment plan IGNORED
8th March 2018 from Robinson Way - We help lots of people like you everyday. We may be able to get you a reduced settlement IGNORED
19th May 2018 from Robinson Way - Please contact us asap to agree your repayment plan IGNORED
4th June 2018 from Robinson Way - Your payment options etc... IGNORED

[Joanna Connolly Solicitors]

Just Looking at this Di, I also a mastercard debt with Lombard that is enforceable but has been quiet for a couple of years. If I request a SAR, is there a chance that I could re-awaken them on this debt. I do want to try and see what is held for my Lombard CCJ but would be happy to hold off.

The credit agreement may be enforceable but that's not the same thing as the debt being enforceable in court for various other reasons.

Can you just clarify when you ceased to pay anything to Lombard for the credit card which you say you were advised the credit agreement was enforceable (in 2016?), and when you last had any correspondence from them.

If it was over two years ago (last time your Diary entry was updated was June 2018) then maybe you shouldn't draw attention to yourself.

Post up what has happened since 2018 (if anything).

Di