UE Diary of Susieblings Daughter

[Susiebling365]

Hi, Just scoot to the bottom of the diary, Just proof that sticking with it and following advice on here pays off. We are 4 years into the statute , We were worried because Lloyds produced a signed agreement last year when we asked for SAR. But ..... seems it went to the shredder or just CBA to find it. Anyway, this is good news, we wont be complaisant as there are 2 more cards, but, not heard from them in nearly 2 years.

So stick with it. !!


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 .
3 February 2020
Intrum letter Final discount offer before we consider court action.Ten days to reply. The offer is ridiculous and in my experience as no reference to affordability. 3 payment of £1044.20 or one payment of £2784.53

11th February 2020 SAR sent to Lloyds

14th February 2020 letter from Intrum threatening court action. Query raised on AAD due to tone of the letter.

26th February 2020 another letter from Intrums legal team, introducing and threatening with solicitors and court proceedings. Posted on AAD for comments. No reply yet from Lloyds regarding SAR

13th March 2020 Received Solicitors pre action letter which I ve posted and forwarded to Di. Not received any data re the SA
14th April 2020 Solicitors letter stating the account is on hold , and frozen regarding the court action in view of the Covid situation
23rd April 2020 Big stack of paper for SAR received, going to see if we can spot an agreement
February 2021 Just a reminder that have not paid
5th March 2021 Follow up letter to say that as not paid it will be forwarded to a solicitor to further the matter to the court
1st May 2021 Letter from JB Priestly Pre action Protocol. I ve forwarded a copy to Di to let her see it and ask as to the next move, We have 30 days to reply . Fingers crossed
15 the May. 2021 Just a letter from Intrum saying that they have asked the original creditor for a copy of the agreement and no further action until that arrives. So we will see what they come up with

20 th August 2021 A letter from Intrum saying that Lloyds cannot find the original agreement and therefore they cannot proceed with the solicitors pursuing through the courts. However if we would care to contact them and offer some money please ring this number blah blah. AS IF!! Winner winner chicken dinner !!!

[Susiebling365]

Thanks, didn't think that mattered, but get your point

[Still Waving]

Good news ..... but perhaps you should redact the reference number in the last line of that attachment. You don't want to be identified by dark forces.

[Susiebling365]

PlanB
Well!!!!

Received this letter this morning .....a little bit pleased about this . We were a bit worried because they previously sent a copy of an agreement with daughters signature on, and we were nt sure as to whether this second one was enforceable or not. In any event winner winner chicken dinner !!!

Not getting too confident but seems like the Lloyds one has disappeared, and there are 2 more, so fingers crossed. We are 4 years in now.

Hope you are all doing well and jabbed safely.

oh and thanks for all your support, I m so glad I decided to do as advised on here .



SB

[PlanB]

Thank you Di, yes its a bit of breathing space and closer to Statute .......Bit anxious as to what comes back but hey ho, we will deal with that as and when and my daughter is in a far better frame of mind now about it all, since we started this journey. . . . . Although Niddy not looked that one over its a bit fuzzy.... Still we will see, we can breath for a while...:

Breathing space is just what your daughter needs right now, and it’s good to hear she’s in a better frame of mind as she travels the AAD journey.

Don't feel anxious about what comes back since you can’t control that. Whatever comes back can be sent to Niddy for his opinion. If it’s “fuzzy” then it probably won’t be enforceable because it must be ‘legible’, but never tell them that in case they try harder to produce a better copy.

Put this out of your mind and try to enjoy the peace and quiet for now - unenforceability is a marathon not a sprint

Di

[Susiebling365]

Thank you Di, yes its a bit of breathing space and closer to Statute .......Bit anxious as to what comes back but hey ho, we will deal with that as and when and my daughter is in a far better frame of mind now about it all, since we started this journey.

So, I take it the original creditor doesn't always keep the original documents? I thought it strange how we had an agreement at the start that was just more or less a statement , yet when we asked for the whole lot, it appeared! Although Niddy not looked that one over its a bit fuzzy.... Still we will see, we can breath for a while...

SB

[PlanB]

Just an update to say she has had a letter from Intrum . They are asking the original creditor for a copy of the agreement and no further action until its received.

This must be a relief to both you and your daughter.

The original reconstituted credit agreement sent by Lloyds in response to your CCA Request in 2017 was deemed unenforceable by Niddy.

Fingers crossed they will send Intrum the same one again - or better still none at all if Intrum don't have access to your daughter's data after the assignment by Lloyds.

Enjoy your weekend.

Di

[Susiebling365]

Just an update to say she has had a letter from Intrum . They are asking the original creditor for a copy of the agreement and no further action until its received. So just wait and see what they come up with

[Susiebling365]

yes i sent it to Intrum, i ve also copied the forms and the letter so both Intrum and JP have copies.....

I ve had CCA and SAR from Lloyds in the past

SB

[PlanB]

Yes Thank you for this. Its the best place to be. I came on here to sort my own debt and now helping my daughter. 2 totally different scenarios as everyone is different , but sharing experiences, knowledge does help. I have visited advice centres and the odd solicitor before AAD and it amounted to nothing .

. . . . after consideration we prefer to get Intrum to show us that they are able to take her to court.

. . . we prefer to not sit back and wait for the court letters if we can help it. My daughter does not want a CCJ , but thats a way to go at this point.

So I sent the requests today, their turn now.....

May I just check that you sent the CCA Request to Intrum not Lloyds, and copied it to the solicitors?

Di

[Susiebling365]

On AAD there is no stigma attached to a person having fallen into debt, no feeling that you are being looked down upon, or there is something lacking in your ability to handle money. Being irresponsible and carefree with the money belonging to others. I feel very strongly how all this affects the mental health of people who very often have got into this situation through no real fault of their own, just circumstances and often other people kicking them into the hole they have dug.

I went to several advice place before someone pointed me to here, came away feeling worse than when I started.

A soapbox I m afraid

[Susiebling365]

Yes Thank you for this. Its the best place to be. I came on here to sort my own debt and now helping my daughter. 2 totally different scenarios as everyone is different , but sharing experiences, knowledge does help. I have visited advice centres and the odd solicitor before AAD and it amounted to nothing .


Just to add to the discussion, when PRA threatened me with legal action I chose to sit it out and see what happened. My logic was that they were pretty sure to take the matter to court whatever happened and any information I gave them prior to them starting the process would allow them to see my hand and prepare accordingly.

I was made aware of that, but after consideration we prefer to get Intrum to show us that they are able to take her to court.

Hopefully your clear willingness to defend any action will make them think better of starting one.

I think so too, we prefer to not sit back and wait for the court letters if we can help it. My daughter does not want a CCJ , but thats a way to go at this point.

So I sent the requests today, their turn now.....

[PlanB]

Just to add to the discussion . . . I was also in the fortunate position of not being afraid of having a CCJ if it came to that as I'm not planning to look for any form of credit or loan in the near future.

Hopefully your clear willingness to defend any action will make them think better of starting one.

You've hit the nail on the head, that's exactly what this forum is all about!

A discussion between members who share their own debt experiences so others can make up their own minds what might work for them depending on what is going on in their own life at the time and the consequences of taking any risks.

I also feel it's important not to be prescriptive, but help members to feel empowered by making their own decisions based on information provided. The longer a conversation goes on, the better they'll be able to do that.

Do keep posting

Di

[Night Monkey]

...as opposed to just sitting and waiting for J&P to issue court proceedings, I never fully understood that pathway.

Just to add to the discussion, when PRA threatened me with legal action I chose to sit it out and see what happened. My logic was that they were pretty sure to take the matter to court whatever happened and any information I gave them prior to them starting the process would allow them to see my hand and prepare accordingly.

Once they initiated proceedings the clock was ticking as there are strict time limits for them to come up with documentation that they should have had in place before going to court. Ultimately they did proceed and subsequently withdrew once JCS hammered them with requests for paperwork that they couldn't produce.

I was also in the fortunate position of not being afraid of having a CCJ if it came to that as I'm not planning to look for any form of credit or loan in the near future.

Hopefully your clear willingness to defend any action will make them think better of starting one.

[Susiebling365]

Thank you , We have now made up our minds what to do, the experience and advice on here is second to none. The thing is , I m not so sure its unenforceable since this second agreement was uncovered, It is old so chances maybe it is.

I , or we, can see the sense in responding and asking Intrum to provide a copy of the agreement, as opposed to just sitting and waiting for J&P to issue a court proceedings, I never fully understood that pathway.

So that's what we are going to do. She has settled a lot since the start, and is more pragmatic (think that's the right word) about the situation.

She has read the example and agrees, onward with plan A.