Zeppelin's UE Diary

[Zeppelin]

Re: Zeppelin's UE Diary

27. MINT

Mint credit card account
Pre-April 2007
Balance: £1941
Date of last full payment: Between Sept 2009 and June 2010
Still paying the OC
Account Owner: Mint / Wescot

Mint advised in June 2016 that Wescot would now "manage the remainder of your plan". Not sure if that makes it more or less likely the original documentation will be available. CCA request still to be sent.
14/3/17: CCA request sent to Mint.
5/4/2017: Documents received from Mint including application form, credit agreement, some pages of T&C and a leaflet on general conditions which looks very recent unlike the other docs. the covering letter from Mint looks like a photocopy; the Mint logo on the covering letter is in poor quality black and white, no colour as in Mint's usual logo. Niddy thinks there may be a page missing from the T&C and wanted to know if my signature had been copied onto Page 1 of the credit agreement. However, all text in the credit agreement is in tiny lettering and I can't confirm one way or the other. Not sure of how best to proceed and waiting on Niddy's input.
27/4/2017: Looks as if it may be EN? In view of the above however, will wait until they chase it up and try them with a Missing PT letter.
21/8/2017: Letter from Mint giving notice they assigned the account to Cabot on 3 July 2017. Letter also received from Cabot asking me to contact them. Will have to contact Niddy fairly soon re the note above dated 5/4/2017. Filed.
7/9/2017: Further standard chasing letter from Cabot. Filed.
21/10/17: Standard chasing letter from Cabot. Filed.
27/10/2017: "our offer to help you" letter from Cabot ..... "we will work with you to understand your financial situation" etc. Missing PT template letter still to be sent but not yet! Filed.
16/12/2017: Further fairly standard chasing letter from Cabot. Filed.
7/2/2018: Chasing letter from Cabot ... "if you give us I&E details we'll try top set-up a repayment plan that suits you". Filed.
13/4/2018: Letter from Cabot .... "A New Approach". Basically asking me to contact them. Filed.
15/5/2018: Letter from Cabot offering repayment plans. Filed.
30/5/2019: Letter from Cabot stating they've returned the account to Cabot and want me to contact them. Wasn't aware the account had been with any other DCA. Filed.
24/6/2019: Letter from Cabot... "We're waiting for you to set up a plan". Filed.
26/7/2019: Chasing letter from Cabot. Filed.
22/8/2019: Income & Expenditure request from Cabot. Filed.
21/9/2019: Letter from Cabot … "Tell Us Your Budget, Save £50". Filed.
14/11/2019: "Send us your budget planner" letter from Cabot. Filed.
13/12/2019: "Save £484.95 on your account" letter from Cabot. Filed.
14/2/2020: During a conversation with DBM in relation to Account No.8 it transpires that Cabot Financial Ltd are not now registered with FCA and as such have no right to enforce proceedings and won't be able to get a judgement if they try! As such the account is UE!!
3/3/2020: Letter from Cabot stating they've transferred the account to Robinson Way. Letter also received from RW asking me to contact them. Both Filed.
16/3/2020: Chasing letter from RW. Filed.
8/4/2020: Further chasing letter from RW. Filed.
18/5/2020: Chasing letter from RW offering a discount of 25%. Filed. RW (and Cabot in relation to other account(s) have been calling my mobile number recently; all calls unanswered and numbers blocked).
6/10/2020: Letter from Cabot stating they've asked BPO to manage the account for them. This enclosed with letter from BPO stating the overdue amount and asking me to contact them. Filed.
19/12/2020: Letter from Cabot stating the account is back with them asking me to contact them. Filed.
9/1/2021: Further chasing letter from Cabot asking me to set up a payment plan. Filed.
8/5/2021: Text from Cabot to my mobile asking me to contact them. Ignored.
12/5/2021: Chasing letter from Cabot ..... "its been a while since we last contacted you". Not so! The letter asks me to contact them. Filed.
15/5/2021: Stronger than usual chasing letter from Cabot including .. "If we don't hear from you soon you will find that our contact to you will increase". Filed.
17/6/2021: Letter from Cabot stating they've asked Resolvecall to visit. I've sent several letters to Resolvecall/Cabot telling them strongly that such a visit is not required and not welcome etc using the AAD template letter which they seem intent on ignoring. I'm not doing so this time but might refer it to FCA following the MP's letter.
5/7/2021: Letter from Resolvecall asking me to contact Cabot. Filed. (Also received two other letters from Resolvecall re accounts with RBS and HSBC).
11/8/2021: Letter from Cabot advising the account is now back with them and asking me to contact them. One of three such letters from Cabot received today. Filed.
2/9/2021: Chasing letter from Cabot received, one of three such letters from Cabot received today. Filed.
26/10/2021: Text sent to my mobile from Cabot asking me to contact them. Ignored.
3/11/2021: Chasing letter from Cabot sent to my mobile. Filed.
3/11/2021: Exactly the same letter as above received from Cabot today. Filed.
19/11/2021: Two letters from Cabot received today, both exactly the same, one through the post and one via a letter sent to my mobile. Both offering a discount of £775.92. One headed up as a "Black Friday" offer. Both filed.
20/1/2022: Chasing letter received from Cabot. Filed.
16/2/2022: Chasing letter received from Cabot. Filed.
15/6/2022: Letter received from Cabot with enclosed letter from BPO dated 8th June. (On holiday from 24th May 40 14th June). As Cabot have been unable to reach an agreement etc they've passed the account to BPO. BPO letter offers a discount of 50%. Filed. Texts also being sent from BPO to my mobile asking me to contact them.
20/7/2022: Several texts received from BPO since 15th June asking me to contact the. all ignored.
29/4/2023: ACCOUNT IS NOW SB.

[Zeppelin]

Re: Zeppelin's UE Diary

28. RBS

RBS credit card account
Pre-April 2007
Balance: £1780
Date of last full payment: Between Sept 2009 and June 2010
Still paying the OC
Account Owner: RBS / Wescot

RBS advised in June 2016 that Wescot would now "manage the remainder of your plan". Not sure if that makes it more or less likely the original documentation will be available. CCA request still to be sent.
14/3/17: CCA request sent to RBS.
7/4/2017: Response received from RBS and sent to Niddy for advice.In addition to the documentation for my account THEY'VE ALSO SENT FOUR DOCUMENTS RELATING TO ANOTHER CUSTOMER ENTIRELY.
12/4/2017: Account is I'll keep the other customer data under my hat for the time being in case RBS get difficult. The balance was fairly small although a write-off of debt might be possible due to RBS sending me another customer's data.
I'm not completely clear as to why the account is UE - possibly the wrong T&C. Will check later with Niddy if need be.
5/6/2017: Standard letter from Wescot chasing-up non payment. Filed. Once Wescot or RBS start being threatening I'll send the letter drawing their attention to them having sent documents for another customer.
17/6/2017: Further letter from Wescot chasing payments; very similar to their letter received 7th June. As before, wait for something more threatening. Filed.
4/7/2017: Card from 2F (a trading name of Wescot) asking me to contact them. The card seems deliberately vague in terms of which account it relates to, probably to "entice" me to call them. It definitely relates to this account however. Filed.
21/8/2017: Letter from RBS saying they assigned the account to Cabot on 3 July 2017. Letter also received from Cabot asking me to contact them. May have to take-up the issue in the note above from 7/4/2017 soon. Filed.
7/9/2017: Further standard chasing letter from Cabot. Not a threatening letter - they ... "really want to help". After checking with Niddy I'll not send the complaint letter yet (see post dated 7/4/2017) by way of a response. Filed.
21/10/17: Further chasing letter from Cabot. Filed.
28/10/2017: Another letter from Cabot ...... "Our offer to you ..... we will work with you to understand your financial situation..." etc. Exactly the same letter I've received from Cabot in relation to other Cabot accounts. Filed.
30/11/2017: Fairly standard chasing letter from Cabot. Filed.
3/1/2018: Further chasing letter from Cabot. Filed.
18/2/2018: Standard chasing letter from Cabot ... "A New Approach". Filed.
15/3/2018: Chasing letter from Cabot offering various repayment plans. Filed.
21/6/2018: Letter from Resolvecall acting on behalf of Cabot who claim they have been appointed to act on behalf of Cabot. They want me to call Cabot and if I don't then they threaten to a personal visit to my home. Letter sent to Resolvecall 21/6/18 saying their letter is entirely unnecessary and that any visit from them would not be welcome. I SHOULD PROBABLY ACT SOON ON THE WRONG DOCUMENTS BEING SENT TO ME - SEE POST OF 7/4/2017.
26/6/2018: Someone from Resolvecall called at the house today when I was out and left their card asking me to contact their head office. The Harassment template letter might be a better option.
27/6/2018: Harassment template letter sent by RD. Confirmed they received it on 28/6/2018.
27/8/2018: Letter from Resolvecall (AGAIN) threatening a doorstop visit. The letter seems to be in relation to this account as it menbtions RBS and Wescot though I'm not completely sure. Harassment template letter sent.
7/9/2018: Letter from Resolvecall: "we only act as a reconnection company for our client. Can we please ask that you contact us …" Filed.
22/9/2018: Someone from Resolvecall arrived at the door today - I'm assuming this was in relation to this account as I only told the rep. that I had nothing to say on the matter and that I'd written to their head off ice in Glasgow a number of times telling them I'd only communicate in writing. (I was going on holiday that day and didn't have time to do anything else other than to update my UE Diary.
28/6/2019: Letter from Cabot who have arranged for the account to be returned to them. Cabot want me to contact them. Filed.
19/7/2019: Letter from Cabot …"we're still waiting for you to set up a payment plan". Filed.
27/8/2019: Letter from Cabot who want me to set-up a payment plan. Filed.
22/9/2019: Letter from Cabot asking I complete an I&E plan. Filed.
25/10/2019: Letter from Cabot … "Tell us your budget, save £50". Filed.
14/12/2019: Letter from Cabot …. send us your budget planner". Filed.
14/1/2020: Letter from Cabot - "Save £444.21 on your account". Filed.
26/3/2020: Letter from Cabot stating they've passed the account to Robinson Way for them to manage. Letter from RW also enclosed. Both filed.
8/4/2020: Chasing letter from RW. Filed.
28/4/2020: Further chasing letter from RW. Filed.
6/10/2020: Letter from Cabot stating they've asked BPO to manage the account on their behalf. This enclosed with a letter from BPO dated 17/8/2020 stating an overdue amount and asking me to contact them. Filed.
19/12/2020: Letter from Cabot stating the account has been moved back to them and asking me to contact them. Filed.
9/1/2021: Further chasing letter from Cabot asking me to set up a payment plan. Filed.
12/5/2021: Chasing letter from Cabot asking me to contact them. Filed.
15/5/2021: Stronger than usual chasing letter from Cabot including .. "If we don't hear from you soon you will find that our contact to you will increase". Filed.
17/5/2021: Yet another chasing letter from Cabot, this time sent to my mobile. Filed.
17/6/2021: Letter from Cabot stating they've asked Resolvecall to visit. I've sent several letters to Resolvecall/Cabot telling them strongly that such a visit is not required and not welcome etc using the AAD template letter which they seem intent on ignoring. I'm not doing so this time but might refer it to FCA following the MP's letter.
5/7/2021: Yet another letter from Resolvecall asking me to contact Cabot. Filed. (Also received two other letters from Cabot asking me to contact them re accounts with HSBC and Mint).
11/8/2021: Letter from Cabot advising the account is now back with them and asking me to contact them. One of three such letters from Cabot received today. Filed.
2/9/2021: Chasing letter from Cabot received, one of three such letters from Cabot received today. Filed.
3/11/2021: Chasing letter received from Cabot today. Filed.
19/11/2021: Letter received from Cabot offering a discount of £710.74. Filed.
20/1/2022: Chasing letter received from Cabot. Filed.
16/2/2022: Chasing letter received from Cabot. Filed.
15/6/2022: Letter received from Cabot with enclosed letter from BPO dated 8th June. (On holiday from 24th May 40 14th June). As Cabot have been unable to reach an agreement etc they've passed the account to BPO. BPO letter offers a discount of 50%. Filed. Texts also being sent from BPO to my mobile asking me to contact them.
20/7/2022: Numerous texts from BPO between late June and today asking me to contact them. All ignored.
31/3/2023: Letter from Cabot saying they've asked Global Debt Recovery Ltd to manage the account for them. Letter from Global enclosed asking me to contact the, Filed. NOTE: The account is now SB.
29/4/2023: ACCOUNT IS NOW SB.
20/5/2023: Further letter from Global Debt Recovery stating the account has been passed to their Collections Department and asking me to contact them without delay. Filed.
7/7/2023: Letter from GDR: "if I'm in a position to pay £485 by 1/8/2023 this will be accepted in F&F settlement". Filed.
23/9/2023: Letter from GDR: "if I'm in a position to pay £355.37 by 6/10/2023 this will be accepted in F&F settlement". Filed.
11/4/2024: Letter from Cabot offering 90% discount. Filed.

[Never-In-Doubt]

Re: Zeppelin's UE Diary

12. CITICARDS (Account 1)

Citi credit card account
Pre-April 2007
Balance: £5309
Date of last full payment: Between Sept 2009 and June 2010
Recently stopped paying the DCA
Account Owner: Moorcroft Debt Recovery Ltd

CCA request sent 18/2/2017
10/3/17: Response from Moorcroft: "In line with our client's procedure you are required to contact our client directly with your written request including the £1.00 fee". Further CCA request sent to CITI Cards 10/3/17. Don't understand this as Moorcroft's letters including this one show than as OWING the account.
19/3/2017: Recorded Delivery item not received yet. Check 23/3/17.
24/3/2017: Reply from CITI: "Unfortunately we are unable to help you as the card account has been sold to a third party organisation. All information requests must be directed to the third party organisation who purchased your account".

14. CITICARDS (Account 3)

Citi credit card account
Pre-April 2007
Balance: £14,101
Date of last full payment: Between Sept 2009 and June 2010
Recently stopped paying the DCA
Account Owner: Moorcroft Debt Recovery Ltd

CCA request sent 18/2/2017
10/3/17: Response from Moorcroft: "In line with our client's procedure you are required to contact our client directly with your written request including the £1.00 fee". Further CCA request sent to CITI Cards 10/3/17. Don't understand this as Moorcroft's letters including this one show than as OWING the account.
24/3/2017: Reply from CITI: "Unfortunately we are unable to help you as the card account has been sold to a third party organisation. All information requests must be directed to the third party organisation who purchased your account".

If there is a DCA involved and you have already sent them a CCA request then they are 100% responsible - it is not for you to go chasing the creditor down, the DCA is responsible so if they have tried to fob you off then they are in default of your s.78 request and they cannot enforce.

Therefore this is now UE and will remain so whilst the DCA ignores your valid request - regardless whether they cashed the payment or not, the request was valid and remains in force.

It is UE so best to sit back and relax - if moorcroft write back just do a simple one liner with something along the lines of "I refer you to my previous correspondence dated XXXX and note that to date you remain in default of my lawful request and therefore this account remains unenforceable until such time you comply with my request."

[Never-In-Doubt]

Re: Zeppelin's UE Diary

18. HALIFAX

10/3/17: Response received from Wescot saying they're not the creditor and are instructed by Halifax. Further CCA request sent to Halifax 10/3/17.

You need to start being firm here - if a DCA says this then write back with something like this....

I refer to my letter dated XX/XX/XXXX in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to in the above account number. You are reminded that you are obliged to supply this under s.189 whether you are the original creditor or not.

I also enclosed the statutory fee of £1.00.

To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as you come out of default or enforced by a court of law. If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

This account is therefore clearly unenforceable and it will remain so until such time you deal with my request.

[Zeppelin]

Re: Zeppelin's UE Diary

Thanks Niddy!! I think the same principle will apply in a number of my accounts and will follow your advice. As always!!

[Never-In-Doubt]

Regards Marbles and Capquest (account 7 / your email) - best to get a SAR to Marbles, then we move forwards. Pointless guessing and pointing the finger using the FOS when you do not have the facts - so go get a SAR from Marbles then tell me when it comes (email me) and I'll advise you what to find and then we'll know one way or another what exactly happened.

Your complaint may yet be with Marbles, if you did indeed cease payments in 2009 and they never defaulted you - that would be pretty bad for them. So get the SAR and then we'll discuss it. Point of interest, you must have a few defaults etc - so why is this one account upsetting you so much? All you are doing is painting a red flag on yourself to other creditors by changing your CRA so much (the NOC) - surely the NOC is futile unless you are applying for credit?

An NOC means every application you make is underwritten - the system can never reject (or accept) you.

[Zeppelin]

Hi Niddy

Thanks for the response which I really appreciate, especially as its not directly related to UE.

I'd have to admit to being confused as to my motives with this account. On one hand; I'll never apply for another mortgage; I'll never apply for a loan or a credit card again and, aside from very low level credit like a mobile phone account for example, I'll never apply for any form of credit again. In those terms, I'm not bothered about my credit score. On the other hand, I might apply for another or different bank account at some point and my partner's access to credit may well be affected. The only other factor why I'd like my credit score to be as good as possible is that I work in a sector where its important to continue to have Security Clearance. The organisation that granted my SC last year made a lot of my financial situation, so much so that despite awarding SC for 5 years, they will review it around March 2018.

This is the main reason I have an NOC on my Experian account is I thought that was the best way to explain the one negative entry I now have on my Experian account (I had loads of defaults before I joined AAD though as their over 6 years old they've all now expired). I think CQ are "at it" and want to keep control of the Experian account through marking it as an Active Account and this implying I have access to a high level of credit that I simply don't (or want).

I also got an SAR for this account when I first lodged a complaint to FOS (early 2016). This was before I knew of AAD more's the pity and although I wasn't completely sure of what I was looking for, there didn't seem to be any kind of note on it that formally marked the account as having defaulted. (Maybe my complaint is with Marbles as you said above). I only kept a small amount of the vast amount of paperwork that was the response to the SAR but can scan copies of what's left if needed.

To sum up (at last): Having this account as UE is the single most important aspect, even above my SC: I shouldn't be doing anything that might impact the chances of that. However, my credit score isn't completely unimportant in the future: FOS said in the decision in March 2016 ...."this would appear to indicate that the account hadn't been defaulted. I am also persuaded by Marbles telling the adjudicator that it wasn't its practice to default accounts at that time (2010) until the account was sold to a third party". Which seems to support Niddy's point that my complaint is against Marbles (who have now been taken over by Aqua).

As you might have gathered I'm a bit lost with; maybe my complaint is with Marbles (Aqua) in which case is this to get them to register a default dated from 2010, to be followed by CQ's entry, both of which should now be removed anyway as they're more than 6 years old?

Thanks for reading this monologue!!

[Never-In-Doubt]

Marbles wasn't taken over by Aqua - both are owned by NewDay. Yorkshire based.

So, send a SAR to Marbles, screen print the entry on your credit report and please let me know when Marbles respond.

Which CRA are you seeing the Capquest entry on? If Experian then fine, we can force them to remove it if necessary but it's best getting Marbles in line first then using that to force removal.

If they have not defaulted you then they're in breach of the FCA CONC guidelines which clearly states an account should be defaulted as earliest recognisable and gives an indication of between 6-9 months since last payment. There's no excuse acceptable if this is not defaulted and you've not paid for 6+ years - it's akin to deliberately cheating the CRA system and data sharing principles in order to have a hold over you. Think of it as akin to being on a blacklist.

You have a very strong argument so stay with it and do as I guide. Get a SAR and screen print all the historic entries showing on your credit report please.

SAR address is - Customer Services Team, NewDay Ltd., PO Box 700, Leeds LS99 2BD.

[Zeppelin]

Thanks very much for this Niddy. The Cap Quest entry is on Experian. I'll do all the things you suggest and get back to you when New Day sent the documentation.

[Never-In-Doubt]

Remember the £10 SAR fee (payable to NewDay Ltd).

[SaltnVinegar]

Hi Zepp - It's been a while since your last update. How's things going? Any news?

Best
SnV

[Zeppelin]

Hi SaltnVinegar

Thanks for your interest! Apologies - I posted the update in the wrong place (not for the first time!!). This was in the AAD+ forum.

All going well thanks as noted below. Cheers!!

16 accounts identified as UE either by Niddy and/or the OC themselves

• 10 accounts where either there's been no response to the CCA request at all or OC/DCA is chasing despite there being no CCA evidence. In effect UE
• 1 account which is probably Enforceable (though Niddy has a plan in mind for when the OC starts chasing this more than they have up to the present time)
• 1 account where the CCA response is illegible

Thanks to all for their continued expert help and guidance.

[Joanna Connolly Solicitors]

Re: Zeppelin's UE Diary

10. EGG 2003 (ACCOUNT 1)

Egg account (not sure if this was a credit card account or similar to M&S Personal Reserve)
Pre-April 2007
Balance: £5309
Date of last full payment; Between Sept 2009 and June 2010.
Recently stopped paying the DCA
Account Owner: Moorcroft Debt Recovery Ltd

CCA request sent 18/22017. It's only now occurred to me that if this was a Personal Reserve type account then the CCA request may need a different approach. I had two Egg accounts and am sure at least one of them wasn't a typical credit card.
10/3/17: No response to the CCA request from Moorcroft although they have sent a letter chasing-up the normal monthly payment. Letter sent to Moorcroft 10/3/17 saying I'd prefer to wait on a response to my CCA request before considering the matter further.
17/3/2017: Letter from Moorcroft ..."we acknowledge that you have raised a query on this account - we will not contact you whilst the issue is being investigated - please be advised we will need to contact our client - this may take some time".
13/4/2017: No further response as yet. TEMPORARILY UE
10/5/2017: Letter received from Barclaycard (Not Moorcroft or Egg) saying .... "Your Barclaycard account has now been passed to AIC (UK) Ltd to manage your account on our behalf".
5/6/2017: Letter from AIC. "The account has been assigned to us from our client with regards to the non payment of the outstanding balance. We are unaware of any reason for the non payment and we encourage you to contact our office to resolve the outstanding matter in a timely manner etc etc". Neither Moorcroft, Barclaycard or anyone else has ever responded to the CCA request. Filed.
29/6/2017: Further letter from AIC ...... "This is your last chance to work together with us. It is in your best interest to come to a mutually acceptable agreement......". Still no response from anyone to my CCA request. Filed.
26/10/2017: Letter received from Wescot (not AIC). Wescot state they've been instructed by Barclaycard to make contact. The CCA request (to which there's still been no response) was sent to Moorcroft originally. Might need to send Wescot the "sold in dispute template letter" but will leave it for the moment. (Also see account 11). Filed.
2/11/2017: Further letter from Wescot with red headings!! seems like a general chasing letter though at the top it states.....Our enquiries have indicated you are resident at the address above but have not yet agreed a solution for this account...". Although some of the content is on a red background the letter doesn't threaten legal action. Moorcroft or anyone else has never supplied any CCA evidence. Not sure if the "Sold In Dispute" template letter would be relevant now and will check on the AAD+ Forum.
8/11/2017: Confirmed with Forum members that I should just file the letter at the moment - wait to see what Wescot do etc.
14/11/2017: Reduced Settlement Offer from Wescot. Filed.
29/11/2017: Standard chasing letter from Wescot, non threatening headed .... "an opportunity to take control of this outstanding balance in a way that suits you". Filed.
9/12/2017: "Confirmation of Residency" letter from 2f (trading name of Wescot). "It is very important that you speak to us directly to resolve this issue". Filed.
21/12/2017: Card from 2F "Important Message" asking me to contact them. Filed.
14/9/2018: Letter from Barclaycard: They will soon be transferring the account to Hoist Finance UK Holdings 3 Limited who have chosen Robinson Way Ltd to act ion their behalf. Filed.
26/10/2018: Letter from Barclaycard confirming the above. Filed.
8/11/2018: Letter from Robinson Way asking me to contact them to set up a repayment plan. Filed.
19/11/2018: Chasing letter from RW. Filed.
15/12/2018: Further chasing letter from RW. Filed.
9/1/2019: "Pre-Legal Assessment" letter from RW. They go on to say … "We have assessed your account and established that it meets our initial criteria to be considered for legal action. If you do not contact us we will be forced to assess your account for litigation based on the information we currently hold for you. " Your account may be transferred to Howard Cohen & Co Solicitors in 10 days without any further notice.

Wait until Howard Cohen write to you.

Di

[Joanna Connolly Solicitors]

All going well thanks as noted below. Cheers!!

16 accounts identified as UE either by Niddy and/or the OC themselves

• 10 accounts where either there's been no response to the CCA request at all or OC/DCA is chasing despite there being no CCA evidence. In effect UE
• 1 account which is probably Enforceable (though Niddy has a plan in mind for when the OC starts chasing this more than they have up to the present time)
• 1 account where the CCA response is illegible

Thanks to all for their continued expert help and guidance.

Hello

I can see you haven't posted on your Diary since 2017, but you have been updating posts on this thread as recently as last week, which is helpful.

Can you just confirm that all these debts are now updated as I'm trying to respond to your thread in the AAD+ section where the links to some of your other threads are broken (maybe when the forum had a makeover recently) so it's not clear which of your debts are being actively chased.

Di

[Joanna Connolly Solicitors]

Re: Zeppelin's UE Diary

18. HALIFAX

Halifax credit card account
Pre-April 2007
Balance: £9780
Date of last full payment: Between Sept 2009 and June 2010
Recently stopped paying the DCA
Account Owner: Wescot Credit Services Ltd

CCA request sent 18/2/2017
10/3/17: Response received from Wescot saying they're not the creditor and are instructed by Halifax. Further CCA request sent to Halifax 10/3/17.
22/3/2017: Letter from Wescot - ".... placed on hold until 15th April to await an update from you"
10/4/2017: Reply from Halifax. They cant trace the account with the details supplied (Wescot's reference number). Halifax ask that I provide them with a valid 16 digit account number etc. Following Niddy's advice on Page 2 about getting tougher with DCA's I've sent a Wescot a copy of Halifax's letter, the £1.00 fee and NO other details insisting that they upon the original CCA request.
22/4/17: No further response from Wescot as yet.
3/6/2017: Reconstituted agreement received from Lloyds Banking Group. All documents seems like "pieces of paper to me": nothing seems at all specific to me in any way. Will ask Niddy for advice. They consider that in providing these documents they have satisfied their obligation to provide a copy of the executed agreement under Section 78. They go on to say ...."As such the agreement with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement"
9/6/2017: Advice from Niddy is that its UE. All docs. filed for the time being - wait until they or Wescot contact me before considering a response.
10/6/2017: Further letter from Halifax: ..........."we have not been able to find a copy of the original signed statement". (A statement signed or otherwise was NOT included in the docs.received on 3 June). " ... we do not have to produce an actual copy of the document signed ...... we have satisfied our obligation to provide a copy of the executed agreement under Section 78 .... please note it has always been our process to ensure an agreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account". None of which really seems the point!! And doesn't alter the fact that the account is currently
12/8/2017: Letter from Wescot (though with Halifax logo at the top). It seems to be a Statement of Account with transaction details covering 4/10/16 - 2/2/17 (the last payments I made on this account). The letter describes how payments will be allocated. Seems very standard and does not address the UE issue. Filed.
13/7/2018: Statement of Account from Halifax / Wescot. Filed.
21/7/2018: Letter from Halifax stating that as they've been unable to agree a suitable repayment plan we've transferred your Halifax debt to DCA Moorcroft Group. Quickly followed by a letter from Moorcroft asking me to contact them. Both Filed.
6/8/2018: Letter from Moorcroft threatening possible further action if I don't send them a payment proposal before 9/8/2018. Filed.
17/8/2018: Letter from Moorcroft offering "sensible monthly repayment plans". Filed.
7/9/2018: Letter from Moorcroft - aware I don't have a repayment plan and want me to contact them. Filed.
21/9/2018: Letter from Moorcroft threatening a home visit. AAD+ Harassment letter sent.
30/9/2018: Response from Moorcroft. They confirm they're happy to communicate in writing and have removed your telephone number from this account etc."
21/11/2018: "Discount Offer" letter received from Moorcroft. Filed.
21/12/2018: Letter from Moorcroft offering interest-free payment plan or a substantial discount. Filed.
24/1/2019: Letters from Halifax and Credit Security Ltd. The former telling me they've transferred the account to CSL - the latter asking me to contact them about repayment. Filed.
4/2/2019: Chasing letter from CSL. Filed.
5/6/2019: Statement received from Halifax. Filed.
17/6/2019: "Final Notice" letter from CSL. Unless I contact them within 10 days they will return the account to the client for further recovery action. Filed.
18/1/2020: Letter from Halifax stating they've assigned the account to Cabot Financial (UK) Ltd. Further letter enclosed from Cabot asking me to contact them. Filed.
5/2/2020: Chasing letter from Cabot. Filed.
19/3/2020: Further chasing letter from Cabot. Filed.
8/4/2020: Chasing letter from Cabot. Filed.
7/5/2020: Chasing letter from Cabot. Filed.
27/5/2020: Chasing letter from Cabot …. "you've been selected for legal action to commence by our solicitors.... our solicitors will then look to obtain a CCJ". Cabot have also been calling my mobile over the last 2/3 weeks - I've blocked they're number although they leave automated voicemails asking me to call back. No further evidence has ever been supplied beyond the documents mentioned at the posts dated June 2017. As I haven't previously received any correspondence threatening legal action before however, post made on AAD+ for advice though I'm sure Cabot must realise that full evidence relating to the CCA request has never been forthcoming.

Hello

I've just seen your latest update on this thread.

The credit agreement was deemed unenforceable in June 2017.

The owner of the debt is Cabot Financial (UK) Ltd who are not authorised by the FCA to issue legal proceedings (which may not stop them from trying of course).

If they intend to issue a claim they must send you a Letter of Claim in advance giving you a minimum of 30 days to reply (or not). This would typically come from Mortimer Clarke Solicitors so keep your eye on the post.

I'll take a look back through the history on you thread (and read the posts in AAD+).

If you like you can email me a copy of that latest letter from Cabot.

According to you that letter says you have been "selected" for legal action - that's all. I often get mailshots telling me I've been selected to win a free holiday etc, but I never do!

Di