Let the fun commence - 6 year journey starts here!

[Brusselsprout]

Re: Let the fun commence - 6 year journey starts here!

DEBT #3

• Type of account: Barclaycard
• Date commenced: September 2011
• Approx balance: £10,500
• Date last paid: last Full payment made via DMP in January 2017. Reduced payment in February. Missed payment in March.
• Are you on arrangement or not paying: Currently not paying
• Status Account: Defaulted June 2017
• Account owner : Link Financial

CCA request made early March 2017. 1 letter from link saying they will revert back to OC. Nothing heard as of yet.

April 13th 2017: Letter received from Link containing reconstituted CCA Will email to Niddy soon, but looks enforceable to me!
April 20th 2017: CCA scanned to Niddy and the team
April 20th 2017: Niddy says CCA missing signed agreement and P/Ts so unenforceable for now good news!
May 31st 2017: Statement of account sent by Link. It appears they used the £1 postal order as a payment towards alleged debt!!
24th June 2017: Default notice received from Link for arrears
28th September 2017: Demand to pay the arrears letter received. I have 7 days
22nd October 2017: Another CCA request sent even though I haven't requested one, and they apologise that they have taken so long. I guess they forgot they already sent one.
3rd November 2017: Statement of account, and arrears letter sent by Link. Asking me to contact them.
4th May 2018: Statement of account received
24th May 2018: Letter received from Link saying that " even though we are entitled to the full balance we are giving you the opportunity to pay by monthly instalments" The letter then has a direct debit box at the bottom!

Hi all

Hope we're all enjoying the bank holiday!

Just a quick one regarding Link. They own 2 of my barclaycard debts and they are also 2 of my biggest, and they are starting to pipe up a bit now. I was just wondering whether the fact these debts were sold to Link before defaulting, would that put me in a better defensive position? Is that a flaw in the chain of assignment etc...? Just trying to stay a step ahead of the game! I have read somewhere that debts should be defaulted before being sold on...

Thanks guys and gals

Brussel

[Brusselsprout]

Have you heard nothing from Dryensfairfax solicitors since Santander wrote to you at the beginning of April?

Di

Hi Di

I received a letter from Dryden's saying that their client can offer a discount! I have ignored and have received nothing further...

If they are offering discounts does that generally mean they would struggle to take legal action?

Thanks
Brussel

[Joanna Connolly Solicitors]

Received a letter today from Satander saying Drydenfairfax solcitors are now dealing with this account on their behalf. Are they just another chancing outfit? Or has this moved up a notch on the 'getting to a claim stage'? Or am i just being spooked by the 'solicitors' part of the name of this company!! ?

Have you heard nothing from Dryensfairfax solicitors since Santander wrote to you at the beginning of April?

Di

[Brusselsprout]

Re: Let the fun commence - 6 year journey starts here!

DEBT#7

• Type of account: Santander Overdraft
• Date commenced: April 1998
• Approx balance: £770
• Date last paid: last Full payment made via DMP in January 2017. Reduced payment in February. Missed payment in March.
• Are you on arrangement or not paying: Currently not paying
• Status Account:defaulted July 2016
• Account owner : Santander using Wescot as agents

Nothing sent to them yet... a little lost as to what to do with overdrafts!

Again, i did speak to Westcot a while back admitting this debt, and telling them about my DMP with SC...
17th May 2017: Letter received from Westcot asking why I have not been paying them through Stepchange. Asking me to contact them...
17th July 2017: Statement received from Santander, and also asking for me to speak to them to resolve any issues.
30th July 2017: Letter received from Westcot asking me to contact them or they will persist with collection activity.
20th August 2017: Letter from Santander saying Robinson Way will now be dealing with this account
7th September 2017: Letter from Robinson Way advising they are dealing with this account on behalf of Santander. Contact them to arrange payment!
18th September 2017: Another letter asking to get to touch to arrange payment.
4th October 2017: 'we want to help you letter' received from Rob Way.
11th October 2017: Harassment by phone letter and CCA bank account #1 letters sent to Rob Way
26th October 2017: Rob Way replied with letter saying that they are not the legal account holder, so have asked Santander for the CCA info, and account is on hold until they respond.
2nd November 2017: Rob Way sent letter saying we will investigate your complaint, and the account is on hold whilst they do.
29th November 2017: Rob Way still investigating and awaiting update from Santander.
9th December 2017: Rob Way have concluded their investigation, and they believe that the number of calls made to me is not harassment, so cannot uphold my complaint. No surprises there. They have also mentioned that Santander do not have the credit agreement i requested. Rob Way say i should take this up directly with Santander. Account on hold for 30 days then collection activity restarts.
17th January 2018: Account statement received from Santander.
4th April 2018: Letter from Santander saying Drydenfairfax solicitors will now be dealing with this acount on their behalf. Guess Rob Way gave up!

Hi guys

Received a letter today from Satander saying Drydenfairfax solcitors are now dealing with this account on their behalf. Are they just another chancing outfit? Or has this moved up a notch on the 'getting to a claim stage'? Or am i just being spooked by the 'solicitors' part of the name of this company!! ?

I now little about these dryden guys!

Thanks
Brussel

[Brusselsprout]

If I've understood the history of this debt correctly, Nationwide has not complied with your s 77-79 CCA Request sent in March 2017. This means the debt is currently unenforceable in court unless or until they do comply.

Nearly a year has gone by and they've still not sourced their own credit agreement. What hope is there for a debt purchaser if they do assign it.

No need to respond to those recent letters but do keep them safe since they appear to be a confession of errors made by them. If they ever decide to issue a claim you may need those.

Di

Thanks all

Yes, still no CCA received, and an acknowledgement that they have made errors and will not pursue legal action. I will ignore all letters until threatening.

Thanks
Brussel

[Joanna Connolly Solicitors]

regarding my nationwide loan. They sent me a letter saying that the default notice they sent had the wording wrong, and that they will not be taking legal action in regards to this debt due to issues with statements not being sent. Is this debt now dead in the water? can i safely ignore this one?What other recourse do they have? as they go on to say in the same letter that they will default me if i do not pay!?

If I've understood the history of this debt correctly, Nationwide has not complied with your s 77-79 CCA Request sent in March 2017. This means the debt is currently unenforceable in court unless or until they do comply.

Nearly a year has gone by and they've still not sourced their own credit agreement. What hope is there for a debt purchaser if they do assign it.

No need to respond to those recent letters but do keep them safe since they appear to be a confession of errors made by them. If they ever decide to issue a claim you may need those.

Di

[nightwatch]

I would Ignore, they have stated themselves that they cannot take legal action, this does not mean they wont sell it on and let some DCA try, NW

[The Tech Clerk]

they can issue a default as long as it is a true fact on credit files, regardless if they do not issue proceedings, (usually sell a debt to debt purchasers)! can you upload the letter they sent minus personal details interesting to see exactly what they are admitting to?

[Brusselsprout]

Re: Let the fun commence - 6 year journey starts here!


DEBT #5

• Type of account: Nationwide Loan
• Date commenced: February 2012
• Approx balance: £2,200
• Date last paid: last Full payment made via DMP in January 2017. Reduced payment in February. Missed payment in March.
• Are you on arrangement or not paying: Currently not paying
• Status Account: Defaulted April 2017
• Account owner : Nationwide

CCA request sent March 2017. No response yet.

26th March 2017: CCA request signed for at depot.
20th April 2017: Default notice has dropped through the door. Still no response to my CCA request though!
5th June 2017: Nationwide Recoveries sent letter asking me to contact them to discuss a one off discounted offer. I have to call them to discuss!
4th July 2017: 'My account has been passed to Nationwide Recoveries' again! :P If they do not hear from me they may sell debt on or take legal action. Still no CCA so i will ignore.
20th July 2017: Another letter offering me a discount and to call and discuss!
30th July 2017: Urgent action letter received from Nationwide. I must contact them or they will advise a debt collection agency to collect.
20th August 2017: Letter saying Wescot will now be dealing with this account on their behalf.
30th August 2017: Westcot calling and texting asking me to contact them.
1st September 2017: Letter received from Nationwide saying they have identified some issues with the arrears statements they have sent.They mention that due to this they cannot take legal action.
6th September 2017: Wescot letter received advising that I haven't responded to their calls and texts, and it is urgent that i do so otherwise they will.. err, send more letters and texts! Not sure what else they can do!
15th September 2017: Westcot letter received offering me a 75% discount!
04th October 2017: Letter from Westcot asking me to get in touch and that they can help
11th October 2017: Harassment by phone letter sent to Wescot
15th October 2017: Westcot letter received saying they have out my account on hold whilst they investigate my complaint.
8th November 2017: Letter from Westcot apologising that the investigation into my complaint is taking so long. Account still on hold whilst they investigate.
3rd December 2017: Notice of sum of arrears Letter received from Nationwide, saying i have failed to pay arrears. Reminding me to contact Westcot who are dealing with the account.
3rd December 2017: Letter from Westcot saying they have investigated my complaint, and believe they have not broken any rules,and will continue to pursue, but by letter only. Still no response to CCA request made in March!
28th February 2018: Letter from Nationwide advising that the default notice they sent mentioned they would take legal action; they just wanted to clarify that that is not the case, and they will not be taking legal action. In the same letter they say they will default me if i do not pay! but i am already defaulted! little confused by that!

Hi guys

Hope we are all well

Just a quick one regarding my nationwide loan. They sent me a letter saying that the default notice they sent had the wording wrong, and that they will not be taking legal action in regards to this debt due to issues with statements not being sent. Is this debt now dead in the water? can i safely ignore this one?What other recourse do they have? as they go on to say in the same letter that they will default me if i do not pay!? This was a 10k loan so anything left is just their interest anyway so happy not to pay that!

Cheers
Brussel

[Brusselsprout]

Absolutely and remember, If you ever do write.......Never remind them of an outstanding CCA request etc

Always check in here if in doubt

Thanks Spud, will do

[Spud]

Absolutely and remember, If you ever do write.......Never remind them of an outstanding CCA request etc

Always check in here if in doubt

[Brusselsprout]

Moorcroft are only Debt collection company acting on behalf of Nationwide (Owner) = no power just begging you to pay them some monies to get commissions, CCA request outstanding do not remind them

Ok, cool... i shall stand firm

Thanks
Brussel

[The Tech Clerk]

Moorcroft are only Debt collection company acting on behalf of Nationwide (Owner) = no power just begging you to pay them some monies to get commissions, CCA request outstanding do not remind them

[Brusselsprout]

Re: Let the fun commence - 6 year journey starts here!

DEBT #4

• Type of account: Nationwide Credit card
• Date commenced: September 2012
• Approx balance: £4,200
• Date last paid: last Full payment made via DMP in January 2017. Reduced payment in February. Missed payment in March.
• Are you on arrangement or not paying: Currently not paying
• Status Account: Defaulted August 2016
• Account owner : Nationwide

Sent a CCA early March 2017. No response from them. I understand this will no doubt be enforceable but just want to see what they send anyway
24th March 2017: CCA signed for at Nationwide.
25th April 2017: Still no response regarding CCA request.
May 12th 2017: Arrears letter received, and it appears to show that a partial payment of £1 has been made to the account in March. My CCA request standing order payment maybe!
19th June 2017: 'Demand for payment letter' received. 7 days to contact them or they may instruct external agency to collect.
3rd July 2017: Letter offering discount if i contact them within 7 days. Still no response to CCA request.
6th July 2017: Phone-call from Nationwide (could be for my loan or overdraft account, but didn't make it far enough to find out which one). A rather uppity fella who got all petulant when i said i wanted to communicate in writing only and said 'i must warn you, that we will pass this onto an external debt collector'.
12th July 2017: 'Final Notice' letter received. Contact within 7 days of letter or they will refer to Debt collection agency.
5th August 2017: Letter from Nationwide informing me that Moorcroft will be taking management of the account on their behalf. Still no CCA received.
8th August 2017: Call from Moorcroft. Ignored.
9th August 2017:Call from Moorcroft. Ignored.
10th August 2017: Moorcroft calling again. Left msg with family member to call them back!!!
17th August 2017: Letter from Moorcroft saying to contact them by 21st August or they will take further action, and MAY send someone to my address!
22nd August 2017: Harassment, and 'Don't send anyone to my door' letters sent to Moorcroft!
30th August 2017: Moorcroft letter acknowledging my request to communicate in letter, and they will honour that just as long as stay in contact with them through writing though. They have given me 30 days.
8th November 2017: Letter from Moorcroft asking me to get in touch or they MAY send somebody to my house.
26th November 2017: Monthly installment offer letter received from Moorcroft. Still no CCA received from original request in March!!
18th December 2017: Letter received from Moorcroft saying i have now been passed over to home division department
4th January 2018: I have sent another 'do not send anyone to my door' letter and a sold whilst in dispute letter to moorcroft
20th January 2018: Moorcroft send a response to my SWID letter stating that they are not the account owner, and are legally instructed to try and collect by Nationwide. They also say their client is fully entitled to collect this balance, but nothing about the fact that i have had no response to my CCA request! They also go on to tell me that they receive a lot of this 'template' letters, and they tell me this by sending a template letter of their own... the irony! They advise that the letter i sent contained incorrect information, and i should seek free legal advice instead! They are putting my account on hold for 30 days so that i can seek legal advice!

Hi a ll

Hope all is well with everyone!

I received a letter from Moorcroft regarding my Nationwide account (info above in my last diary entry). They make no mention of an outstanding CCA request or that they will inform Nationwide of this. Instead they just continue to talk about 'legal rights' and ' we are instructed to collect'. I would have thought they would at least say that they would relay this info back to Nationwide! Do i need to send another CCA request to Nationwide?

Thanks
Brussel

[Brusselsprout]

I don't see why not

They won't know there's a dispute unless you tell them which is why they're continuing to pursue this. They know you exist since you've already written to them, they just don't know that you live 'elsewhere'.

It's interesting to see that Nationwide have been unable to locate your credit agreement for over nine months despite the account having been opened in 2012 (if I've understood you correctly). How did you open the account (online, in branch etc)?

Di

Thanks Di

I will do that...

I opened online. I guess Nationwide may not have received my CCA even though it was recorded delivery, but i was fully expecting them to reconstitute something as the account was opened recently, as you say. I'll send my dispute letter and see what happens

Thanks, and happy new year to you.

Brussel