UE Diary of Susieblings Daughter

[Joanna Connolly Solicitors]

I presume that a court action could happen if she does not reply, by default I think ? That they would do that irrespective of knowing her present address.

They can Issue a Claim to “last known address” and some less scrupulous debt purchasers do that even when they’ve traced a new address hoping to get a Default Judgment (CCJ) because the Defendant does receive it.

However since the new Pre Action Protocol was introduced in October last year (2017) the debt owner must send a formal ‘Letter Before Claim’ giving the debtor 30 days Notice of their intention, inviting them to make the debt owner aware of any dispute and request documentation etc.

A claim shouldn’t arrive out of the blue, but if one does your daughter would have 19 days from the claim Issue Date to file her Acknowledgment of Service stating her intention to defend all of the claim.

So either your daughter relies on Royal Mail to redirect her letters or you can give them to her if she’s going to be living nearby.

Di

[Susiebling365]

Hi All... Long time not been here, but I have popped on from time to time. We have been very busy, birthing babies and buying houses.

I have just updated the diaries, and nothing really much to report, still getting letters and offers and phone calls. Robinson Way are now managing Lloyds, Link are managing The Co op and Moorcroft has got Santander /Cahoot.They seem to do the rounds.

My daughter put the mail on redirection whilst she stayed at my home. She sold her house, and 2 of the preferred homes were no go , but now she has moved into the 3 rd and best choice. So, she lived with me for 6 months and the debt collectors finally cottoned onto her staying at my address. Now she has moved out ( big Phew !!!!) and changed her address on the Experian site. They will land at my address anyways.

So, its two years in, but we are constantly on watch , I m just off to update my payments, now..

Hope you are all well and happy ish Susie B

[Joanna Connolly Solicitors]

I have just updated the diaries, and nothing really much to report, still getting letters and offers and phone calls. Robinson Way are now managing Lloyds, Link are managing The Co op and Moorcroft has got Santander /Cahoot.They seem to do the rounds.

My daughter put the mail on redirection whilst she stayed at my home. She sold her house, and 2 of the preferred homes were no go , but now she has moved into the 3 rd and best choice. So, she lived with me for 6 months and the debt collectors finally cottoned onto her staying at my address. Now she has moved out ( big Phew !!!!) and changed her address on the Experian site. They will land at my address anyways.

So, its two years in, but we are constantly on watch

It's always nice to read a post where the update says things have quietened down.

Moving house and having babies is far more important than being hounded by debt collectors.

I wish your daughter well (and you too ).

Di

[Susiebling365]

Thank you Di, yes it is, and yesterday we, or I, had a letter from Moorcroft. They say they will pay a visit , or I can ring to arrange an appointment . I think its best to not answer? I doubt they will turn up and she isnt living with me now. I think this is just a ruse to get her to ring and so an invite into the home.

She is so much happier now she sold the family home, and the mortgage is a higher interest, but she didn t need to borrow much. I was told that lenders are not so concerned with credit card type debt as they are for say repossessions. But, we are keeping our eye on the ball .

I like to pop in now and again, wish you well also

Susie B x

[The Tech Clerk]

resolve call etc if turn up you do not have to speak to them just tell then to go away politely (Of Course maybe?)

[SarahSarah]

Thank you Di, yes it is, and yesterday we, or I, had a letter from Moorcroft. They say they will pay a visit , or I can ring to arrange an appointment . I think its best to not answer? I doubt they will turn up and she isnt living with me now. I think this is just a ruse to get her to ring and so an invite into the home.

She is so much happier now she sold the family home, and the mortgage is a higher interest, but she didn t need to borrow much. I was told that lenders are not so concerned with credit card type debt as they are for say repossessions. But, we are keeping our eye on the ball .

I like to pop in now and again, wish you well also

Susie B x

Hi Susie. Have you heard anything from Moorcroft since they said they'd visit?

[Susiebling365]

Re: UE Diary of Susieblings Daughter


Lloyds Credit card

Type : Credit Card
Started: 1998 ..
Balance; Jan 2017 £3480.66
Payments: Up to date and making the minimum payment
January 26th sent CCA request and waiting for reply
Account with OC Lloyds
January 2017 sent for CCA but received nothing back so in default of CCA request
February 19th Received Reconstituted terms ( had to research this) Sent to Niddy who said it was,
as not signed agreement .

August 17 Default notice received Account balance £3480.66. and arrears £422.32 Filed away

October 11th 2017 Letter from LLoyds saying the account has been handed to a debt collection agency . Westcot Credit Services. Filed away.

October 19th 2017 Letter from Westcott asking to ring and they will be collecting from now. Information on how to pay etc etc. They also rang on mobile which has now been blocked.

November 2nd 2017 Letter from Westcot letting us know they "know where you are " and will continue to text, phone , send letters and generally annoy unless we respond. BE AFRAID!!!...So its getting filed and it seems that they know there is no agreement to fight with...


25 November 2017 " An opportunity to take control of the outstanding balance in a way that suits you." Thank you but we have already done that.
1
7th December 2017 "Confirmation of Residency" and also trading as 2F .....So glad you did that for us but we really don t care 2 Fs

28 th February 2017 Letter informing her of possible further action

7 th November 2017 Westcot send a reduced settlement offer

15th February 2018 transfer letter to Moorcroft

19th February 2018 Letter from Moorcroft wanting to discuss repayment


28th March 2018 Letter from Moorcroft, I don t remember when they came in on the act as it was Westcot. Just to say they are concerned there has been no attempt to come to some agreement to pay. That they will continue to attempt communication by phone and letter. Deadline of 4/4/18 to contact them.

11 th April 2018 Letter from Moorcroft That as there has been no reply to their communications they are referring my daughter to the Home Collections Department. Home visit and when will be the best time? (Don t think so !!) The purpose being to just reconnect and discuss a route forward.

22 June 2018 Letter from Lloyds referring to CSL Credit Security Ltd

22 June 2018 Notice of instruction from CSL

2nd July 2018 CSL letter disappointed no response to their letters

12 July 2018 CSL letter, Limited offer of part payment of the debt. Default will be registered as partially satisfied with a balance of zero


29 December 2018 Long letter from Robinson way informing her that they have entered into a contract with Lloyds to act on their behalf as servicer with relation to their dealings with her... Debt collector i presume

29 December 2018 Letter from Lloyds informing that they have transferred the debt to Robinson Way collection agency

14 January 2019 Letter from RW offering help to repay the debt

13 December 2019 Lloyds letter notice of assignment to Intrum Uk Finance Ltd to take effect 28 November 2019

24 December 2019 Letter from Intrum ..Get in touch in the next 10 days

3 January 2020 Intrum.... we may take legal action if you don t get in touch

13 January 2020 Intrum letter " We are thinking of taking you to court . We don t want to but if you don t get in touch soon we ll pass your account to our legal team. " Given 10 days to respond .

Hello , Hope you all had a good xmas and New year

I m just updating my daughters diary, its been pretty quiet ... thank goodnes, she managed to move home which meant some past letters were found , and we had to rely on redirected mail.

Just 2 things I would appreciate comment on. Please if you would.

The above debt with Lloyds which is now with Intrum, says they are thinking of taking her to court. They don t want to do it but will if she doesn t get in touch in the next ten days.

Do we wait until we get a further letter saying they actually are going to court, ie. a sollicitors letter. or.... do we send the letter saying we haven t had a proper agreement from Lloyds.


The other thing is . The debt she has with Co operative has disappeared off her credit file with Experian. although maybe its noted elsewhere or under another company , just thinking thats strange.

Thank you all

Susie B

[Joanna Connolly Solicitors]

updating my daughters diary

. . . . The above debt with Lloyds which is now with Intrum, says they are thinking of taking her to court. They don t want to do it but will if she doesn t get in touch in the next ten days.

Do we wait until we get a further letter saying they actually are going to court, ie. a sollicitors letter. or.... do we send the letter saying we haven t had a proper agreement from Lloyds.

Hello Susie B

I'm pleased to hear your daughter is settled in her new home.

I assume you're paraphrasing that letter from Intrum, but can you just confirm whether your daughter has received a Letter of Claim for this old Lloyds credit card debt which has been deemed unenforceable by Niddy?

I'll take a look back at your thread tomorrow but in the meantime here's a post from Jo which may be relevant since Intrum are not authorised by the FCA to issue legal proceedings >

Intrum UK Finance Limited is not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

We look forward to using the same legal arguments in the future against Intrum UK Finance Limited which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

Intrum also have issues with their assignment process and documentation.

If you are currently defending a claim with Intrum, whether stayed or ongoing, or they have obtained a Default Judgment against you and you have any query please post any queries on this thread..

Di

[Susiebling365]

Hello Susie B

I'm pleased to hear your daughter is settled in her new home.

I assume you're paraphrasing that letter from Intrum, but can you just confirm whether your daughter has received a Letter of Claim for this old Lloyds credit card debt which has been deemed unenforceable by Niddy?

I'll take a look back at your thread tomorrow but in the meantime here's a post from Jo which may be relevant since Intrum are not authorised by the FCA to issue legal proceedings >





Di

Hi Di,

She had a letter from Intrum that says that they are now the legal owners of the Lloyds balance and that she is to pay the amount to them .That was dated 13th December 2019 . Followed by letters requesting the money. The one I paraphrased was just worded differently with the remark that they were thinking of taking her to court and what that would mean to her in terms of cost. To get in touch in 10 days with how she has decided to pay.

I think it was just how they worded the letter that threw me a bit, but they did say they were " thinking " of doing it.

[Susiebling365]

Sarah

Hi Susie. Have you heard anything from Moorcroft since they said they'd visit?

Moorcroft dumped my daughter and passed her onto someone else a while back, as they did with me .They seem to just threaten and I know my daughter was worried that they would turn up on her doorstep.
However, gaining experience from AAD, they cannot do this uninvited, and in fact I think its just a frighten er to get you to pay. I do believe there is a letter somewhere about appointments or uninvited people.

SusieB

[The Tech Clerk]

They can send resolve call (ex snotcall oooppss Scotcalll) who have no powers and if they arrived then you do not have to discuss anything and ask them to go, they will leave a begging letter to contact that is it no powers.

[Susiebling365]

I ve never had knock on doors, my daughter gets phone calls, text, when they sell the debts on but she is out at work all day anyways.

One thing that is bemusing us, is the Co op debt has dropped off her credit files, she has looked at 3, and they just say 2 defaults not 3. Has anyone experienced this? She hasn t heard (touch wood) from them for a while also. Strange, the nice thing is that this is the one that could be enforceable...

[The Tech Clerk]

after 6 years England/wales or 5 years Scotland a default notification drops off a CRA file, but that is all.

[Susiebling365]

Thats the strange thing, its only 3 ( but we re half way now ) Still, we are not complaining. We did wonder if it was anything to do with the Co op selling some of its assets recently.

[Susiebling365]

Hello

We have received a letter from Intrum with a final discount ( a ridiculous one I may add) offer before they consider court action.

They give her ten days to respond. At the top of the letter it does reference the date they purchased the debt.

With reference to what Di mentioned, about Intrum. Are they not in a position to send these letters, or take her to court?

Also I am right in saying we ignore this and see what ten days brings ?

Just to keep my mind clear in advising my daughter... I cant tell you what a difference she is now 3 years on .....