sebaab's diary

[sebaab]

Short history. Mid 2005 to 2008 overspent on credit cards trying to support family on lowish wages. Wife not working due to disabled son. 2008 wife suffers sudden illness so I have to take 10 months off work on half pay to look after 3 kids. Can't afford credit card repayments so slip into overdraft thus adding to debts. My dad bails me out with a 10k gift but this is too little, too late. By end of 2012 I realise I can't carry on. In 2013 started a DMP with Gregory Pennington. Debt just over 40k by then. Paid every month until now (Oct 2016). Outstanding debt now £21k. Sick of being skint. Sick of paying GP £550 (£90 fee) every month! Can honestly say that the last few years have been hell financially and I will never touch another credit card again.

edited to amend incorrect date. 2011 now changed to 2012

[sebaab]

Re: sebaab's diary

Debt 1

Type: Credit Card (Barclaycard) (Formerly Egg Card)
Start Date: 1999
Balance: 4.5k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: up to date
Account Owner: Link Financial Outsourcing
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
21 Oct 2016 from Asset Link Capital "we have assigned Link Financial Outsourcing Ltd to service your account. Please continue with your regular payments"
Feb 2017 CCA request sent
Update Feb '17 Letter from Link Financial "You've requested documents under section 77/88", "We purchased your debt from Barclaycard in Sept 2016", "We've requested the documents", "Can take up to 30 days"
Update March 2017 Letter from Link Financial "With reference to your section 77/78 request the original creditor has confirmed that they are unable to fulfill this. Although the agreement is unenforceable the account balance remains collectable"
Update May 2017 Letter from Link "Statement of Account", "Notice of Sums in Arrears", "The current arrears represents the outstanding balance as you have failed to maintain payments in accordance with the terms of the original agreement so the full amount has become due"

[sebaab]

Re: sebaab's diary

Debt 2
Type: Credit Card (Barclaycard)
Start Date: 2005
Balance: 800
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: PRA Group UK
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
Apr 2017 Letter From PRA Group "Could you settle your account?", "You can pay by installments or make a one off discounted payment" (discounted by 10%)
Update May 2017 from PRA Group "Could you settle your account? You could settle your agreement by paying a discounted amount. Call us to set up an affordable plan"

[sebaab]

Re: sebaab's diary

Debt 3
Type: Bank Overdraft (Natwest)
Start Date: 1991 (opened account)
Balance: 2.7k
Last full Payment (interest payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Wescot Credit Services
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
24 Dec from Wescot "contact us directly to discuss your situation"
Update Sept 2017 from Moorcroft "As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following: (1)Continue in our attempts to contact you by letter and phone, (2)Instruct a local representative to arrange to call at your home address to try to re-establish contact with you"
Update Dec 2018 from ZINC Credit Management "We have had no response to our previous letter and we have not been able to contact you. As a result we are concerned that time is now running out on the many options we have made available to you. We are keen to resolve this issue so please get in touch ASAP"

[sebaab]

Re: sebaab's diary

Debt 4
Type: Credit Card (Barclaycard)
Start Date: 2008
Balance: 5.2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: PRA Group UK
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
20 Jan 2017 from PRA Group "Your account is being managed by our investigations and Litigation Department to look at your outstanding debt for possible litigation recovery." "If we do not hear from you within 14 days we will move to the next stage"
8 Feb 2017 from PRA Group "This is a letter before claim as required by the Practice on Pre-Action Protocols, to give you notice of PRA Group's intention to issue court proceedings against you" Gives details of the "written agreement" that I entered into.
Feb 2017 CCA request sent to PRA Group
Update Feb '17 Letter from PRA Group "Dear Mr (Incorrect Surname!)", "I've requested the required information. Until this is received I have placed your account on hold", "I will contact you as soon as possible"
Update Sept '17 Letter from PRA Group A basic account summary. Also a discounted settlement offer.
Update Jan '18 Letter from PRA Group "We have enclosed copy documents as requested. Enclosed: Short Form Cancellation, Historic Terms and Conditions, Varied Terms and Conditions"

[sebaab]

Re: sebaab's diary

Debt 5
Type: Credit Card (M&S)
Start Date: 2006
Balance: 2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Cabot Financial UK Limited
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
4 December 2016 Received letter from M&S Credit Card "we've been trying to contact you" and "We can give you a 40% reduction if you pay us a full and final settlement amount
5 Jan 2017 from M&S "we've now asked Moorcroft Debt Recovery Ltd to take responsibility for your account"
8 Jan 2017 from Moorcroft "Your account has been passed to us. Please contact us to pay"
24 Jan 2017 from Moorcroft "We've been unable to make contact with you"
8 Feb 2017 from Moorcroft "Monthly installment offer. Please call if you wish to take advantage of the offer"
Feb 2017 CCA request sent to Moorcroft
Update Feb '17: Letter received from Moorcroft "We have requested the relevant documentation from our client and will forward it to you when it is received", "We must also stress that we are not seeking to enforce an agreement and have only asked that payment is made towards a debt that is outstanding by way of an affordable payment plan"
Update March 2017 from M&S They have sent me a credit agreement. Will send to Niddy This one is
Update March 2017 from Moorcroft 'As we have complied with your request we will commence collection methods in 2 weeks"
Update March 2017 from Moorcroft "We haven't been able to make contact with you so will continue with debt collection. This may include us or another agency writing to you"
Update Apr 2017 from Moorcroft "monthly Installment Offer"
Update May 2017 from Moorcroft "Discount Offer", "We may be able to offer you a discount from your outstanding balance", "Phone us immediately"
Update June 2017 from M&S "We are writing to inform you that we have asked Fredrickson International to take responsibilty for your account. They will contact you in due course"
Update June 2017 from Fredrickson "M&S Bank have instructed us to contact you regarding the above acccount and all communication should now be with us. Please contact us to discuss your account"

Update February 2018 from M&S Bank "We have transferred ownership of your M&S account to Cabot Financial UK Limited"

Update Februaury 2018 from Cabot Financial "Your account has a new home - we are now responsible for for helping you manage your account...."

Update April 2018 from Cabot Financial "What you should do now", "1. Gather details of your income and expenditure, 2. Call us on 0345 ******, 3. Work with us to agree an affordable payment plan"

Update May 2018 from Cabot Financial "Your outstanding Balance - potential legal action", " What legal action could mean - Our typical approach would be to instruct a solicitor to issue a claim for the amount due and then make an application for a County Court Judgement (CCJ) to be awarded against you" , "Next Steps - we would prefer to avoid legal action and arrange a repayment plan with you directly or talk through other options. If you don't contact us within the next 14 days we will proceed as highlighted above"

Update June 2018 from Cabot Financial "As we have not heard from you we have referred your account to Mortimer Clarke Solicitors", "Mortimer Clarke will want to speak with you in the next 7 days"

Update June 2018 from Mortimer Clarke Solicitors "We need your attention - potential legal action. Please call us on 0333 121 445* ", "If you do not contact us within the next 30 days, Cabot may ask us to issue court proceedings and then we will ask the court to order a county court judgment against you", "If we have not heard from you by 12th July 2018 we are instructed to issue court proceedings against you unless Cabot instructs us otherwise "

Update July 2018 SAR sent to M&S

Update July 2018 from County Court Business Centre "Claim Form", Particulars of Claim "By an agreement between HSBC Re M&S & the defendant on or around **/**/2006 ('the agreement') HSBC Re M&S agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due and the Agreement was terminated. The agreement was as signed to the Claimant. THE CLAIMANT THERETO RE CLAIMS ****.** 2. Costs"

[sebaab]

Re: sebaab's diary

Debt 6
Type: Credit Card (Santander)
Start Date: 2006
Balance: 2.3k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: up to date
Account Owner: (Was SCL Collections) Now Santander
Key:
sent
received
other information

Start of Diary:
Oct 2016 DMP direct debit cancelled. Payments stopped
Dec 2106 from Santander "Notice of Sums in Arrears"
Jan 2017 from Santander "Please make a payment", "We may be charging you fees for missing payments"
Jan 2017 from Santander "Notice of Default Sums"
Jan 2017 from Santander "Please call us urgently"
Feb 2017 "We need you to repay the outstanding overdue amount", "if you don't you will need to pay the whole outstanding balance instead of just the arrears"
Feb 2017 CCA request sent to Santander
Feb 2017 Letter From Santander "As you have not made a payment to clear the arrears, we now need you to clear the full balance outstanding of £x,xxx. Please make a payment by ringing us on xxxxxxxx"
Feb 2017 Checked Royal Mail and CCA Request Letter hasn't been delivered yet (Posted 1st class signed for on 10th Feb)
Feb 2017 from Santander (in response to my CCA request) "please find enclosed a copy of your Credit Agreement, T&C's & Statement of Account" Niddy says
Feb 2017 from Santander Late payment charge and Interest on balance transfer added to debt
Uddate March 2017 from Santander "The above debt is still outstanding. If you do not make payment a default will be recorded on your account. Please call us"
Update March 2017 from Santander Notice of default sums. "We've charged for missed payments" + Balance transfer interest has been added to the total. "You have failed to make a minimum payment"
Update Apr 2017 from Santander "We may register a default if your arrears are not repaid. As you've not cleared the outstanding amount on your credit card, we have sent you a Default Notice served under section 87(1) of the Consumer Credit Act 1974 which you will receive in the next few days. As well as the Default Notice, you will also receive another letter confirming that if this amount isn't repaid within 28 days of the date on the letter, we will be advising credit reference agencies that you have defaulted on your account. This default will remain on your credit file for 6 years and may impact you getting credit in the future. It's also possible that your account may be passed to a debt management company who will manage it on our behalf. However, should this happen, we will always let you know in advance. Please note that once the default is registered with the credit reference agencies we'll close your account and any payment we receive afterwards will be used to reduce the outstanding amount."
Update Apr 2017 from Santander "This is a default notice served under Section 87(1) of the Consumer Credit Act 1974", "Provision of Agreement Breached", "Failure to pay overdue amount"
Update Apr 2017 from Santander "We are writing to tell you that we plan to advise credit reference agencies that you have defaulted on your account because of your arrears balance. We will do this in 28 days time if you have not repaid your outstanding balance or been in touch with us so we can come to an agreement to repay this amount in full"
Update Apr 2017 from Santander "Notice of Sum in Arrears", "your account is now 2 payments in arrears. Please contact us as soon as possible"
Update Apr 2017 from Santander "Notice of Default Sums - Default Charge due to late monthly payment = £12.00. Balance Transfer Interest charged = £40.00"
Update May 2017 from Santander "Notice of Default Sums - Default Charge due to late monthly payment = £12.00. Balance Transfer Interest charged = £40.00"
Update June 2017 from Wescot Credit Services "(In bold lettering) Our enquiries have indicated you are resident at the address above but we have not yet agreed a solution for this account with you", "It is essential that you contact us urgently to take control of this issue" .....blah blah nothing important.
Update Dec 2018 from drydensfairfax solicitors "We are solicitors instructed by our client, Santander UK Plc, to obtain payment of the amount xxxxxx or to take appropriate recovery action should you fail to pay. Please contact us by xx December 2018 to agree a satisfactory solution to this matter.
Please go to (drydensfairfax website) to register which will allow you to make secure payments or contact us via our secure message service.
Please do not underestimate the seriousness of this matter. It is most improtant that you make payment or contact us by xx December 2018 to discuss your current circumstances."
Update Dec 2018 from drydensfairfax solicitors "To avoid further recovery action, payment of xxxx.xx must be made to this office by 27th December 2018", (...details of various ways to pay...), "Failure to contact us may mean further recovery action will commence"

[sebaab]

Re: sebaab's diary

Debt 7
Type: Credit Card (RBS)
Start Date: 2010
Balance: 1.2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Wescot Credit Services
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
24 Dec 2016 from Wescot Credit Services Ltd "contact us directly to discuss your situation"
Feb 2017 CCA request sent to Wescot
Feb 2017 letter from Wescot "Following your recent request for a copy of the signed agreement , our client has requested you write to the following address and state in your covering letter that this is section 77/78 request and enclose a £1.00 postal order or cheque payable to our client (******address of client here*****), trusting the above clarifies the situation"
Nov 2017 letter from Cabot Financial "Our offer to you. We are prepared to reduce the balance to help you become free blah blah. If you'd like to contact us blah blah"
Update - Dec 2018 letter from Resolvecall "We are acting on behalf of Cabot Financial (Europe) LTD who have purchased this account from RBS WESCOT BROKEN PAYERS. We have been instructed to contact you to put you back in touch with Cabot who will aim to find an amicable resolution which is affordable, based on your circumstances.We would ask you to contact Cabot within 7 days to discuss this matter. Please do not ignore this letter. Act now to have a positive discussion about your account."

[sebaab]

Re: sebaab's diary

Debt 8
Type: Credit Card (Natwest)
Start Date: 2010
Balance: 3k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Wescot Credit Services
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
24 Dec 2016 from Wescot Credit Services Ltd "contact us directly to discuss your situation"
Feb 2017 CCA request sent to Wescot
Feb 2017 letter from Wescot "Following your recent request for a copy of the signed agreement , our client has requested you write to the following address and state in your covering letter that this is section 77/78 request and enclose a £1.00 postal order or cheque payable to our client (******address of client here*****), trusting the above clarifies the situation"
Nov 2017 letter from Cabot Financial "Our offer to you. We are prepared to reduce the balance to help you become free blah blah. If you'd like to contact us blah blah"
Update - Dec 2018 letter from Cabot Financial "We have tried to contact you on a number of occasions bla blah....we look forward to hearing from you within the next 7 days"

[sebaab]

Re: sebaab's diary

That's it! 8 debts in total. I cannot express how much it would mean to me and my family to finally one day be released from the shackles of these debts. I will do whatever it takes

[cymruambyth]

Re: sebaab's diary

Hi and welcome to AAD. As you have stopped paying your DMP, what do you want to do? If you want to try the unenforceable route then you need to send CCA (consumer credit agreement ) requests to all your creditors with £1 either cheque or postal order. Send with proof of posting and note on them which account.
You will start to receive lots of letters and possibly phone calls, but don't speak to anyone, just refuse to answer and security questions. Whenever you get a response post here, linking it to the correct debt and we can advise on the best way forward. Letter templates are here http://forums.all-about-debt.co.uk/s...mplate-Letters.
Always ask questions if you are unsure, no questions are silly.

Good luck

[sebaab]

Re: sebaab's diary

Yes I would like to go the UE route. Thank you for your advice and kind words cymruambyth

[sebaab]

Re: sebaab's diary

DMP DD now cancelled. Payment stopped. Awaiting correspondence will then send CCA requests.

[JLC]

Re: sebaab's diary

Welcome to AAD. I only started at the beginning of this year. I've not had a massive lot of letters or phone calls. Anytime they call, I just ask them not to call again and to remove their number from their database. I had a doorstep visit but they didn't even knock (I have a no cold callers sign on my door), and that was for three debts that are all unenforceable. I then had a follow up letter asking for my income and expenditure, which I filed away. The first phone call I got, I panicked a bit, but I'm a bit more relaxed about it now. Take a look at my diary as, like you, I came off a DMP after five years! Good luck!

[sebaab]

Re: sebaab's diary

Hi JLC and thanks for the welcome. I guess it's a waiting game now to see what turns up on the doormat. We've unplugged the house phone too as we rarely use it anyway. I might get a no cold caller sign too as sounds like a good idea.