Let the fun commence - 6 year journey starts here!

[Joanna Connolly Solicitors]

So they've written to say they can't enforce the debt in court because they've not complied with their statutory duties (s 86 I suspect).

What they've not said is what are the legal consequences of their non compliance over and above the debt being unenforceable in court. I think I know what they are and I would advise you not to sign anything which could compromise your position at this stage.

When was the last time they sent you an Annual Statement of Sums in Arreas?

Have you been charged any interest on the account since that date?

I can't see when you last paid the contractual amount i.e. the monthly repayment due under the terms of the loan, so when was that?

Di

[Joanna Connolly Solicitors]

. However, in any event, I'm not sure that this situation would necessarily prevent a future debt purchaser from starting enforcement action.

If a debt is unenforceable due to statutory breaches then it's unenforceable regardless of who subsequently purchases it unless it's a breach which can be remedied. From the way the OP has described the situation it looks like this is a breach which cannot be remedied retrospectively (i.e. a fatal flaw).

As you say, it won't prevent a future debt purchaser from starting enforcement action but it may prevent them from getting very far with it

Di

[Brusselsprout]

So they've written to say they can't enforce the debt in court because they've not complied with their statutory duties (s 86 I suspect).

What they've not said is what are the legal consequences of their non compliance over and above the debt being unenforceable in court. I think I know what they are and I would advise you not to sign anything which could compromise your position at this stage.

When was the last time they sent you an Annual Statement of Sums in Arreas?

Have you been charged any interest on the account since that date?

I can't see when you last paid the contractual amount i.e. the monthly repayment due under the terms of the loan, so when was that?

Di

Hi Di

Yes, I have decided not to sign anything

The last full contractual payment would have been back in December 2015, as i went into a DMP in January 2016. As for when i received a statement of arrears, i couldn't say to be honest, but i don't recall getting many - if any! No interest that I am aware of has been added yet. What should be my next plan of attack on this one? or should i just ignore... ? What are the legal consequences that you mention above?

Thanks
Brussel

[Still Waving]

If a debt is unenforceable due to statutory breaches then it's unenforceable regardless of who subsequently purchases it unless it's a breach which can be remedied. From the way the OP has described the situation it looks like this is a breach which cannot be remedied retrospectively (i.e. a fatal flaw).

As you say, it won't prevent a future debt purchaser from starting enforcement action but it may prevent them from getting very far with it

Di

Indeed - we know that some debt purchasers try it on hoping the debtor will be ignorant of the law and just cave in.

[Meepatme]

Keep up the good fight hang in there sound like the team have you on some good solid ground

[Brusselsprout]

Keep up the good fight hang in there sound like the team have you on some good solid ground

Thanks Meetpatme The guys and gals on this site are great!

[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.
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!

Hi guys

Received a letter today from Wescot offering me a 75% discount on this debt! Now, I am assuming they are doing this due to the issues that i have already mentioned. But, is this an offer i should take advantage of? Is it possible they could remedy the errors made and come back at a later date to get me to pay full balance? Ultimately i know it is my decision whether to accept this or not, but just seeking some advice really... what would you do??

Thanks
Brussel

[Meepatme]

So 25% to pay um £550 if i had it id pay it id guess. If you were close to status bar be tempted not too but you last paid 2017 so your have that floating around 6 years. My penny worth. Mine are enforceable it seems so i intend to hold out for FF or Status bar if no one pushs me to court.

R

[Susie]

Its worth checking the exact wording carefully as they will sometimes say you could pay £x, which often means you will pay more, or they word it to sound as if the discount is 75% rather than actually meaning that you pay 75% so be careful and if necessary post that part of the letter here without any name/address, barcode or reference number and get opinions on the likelyhood of it really being 75% discount.

[Enforcer]

Does not look as if they have yet complied with CCA request, unless you have not put this in your diary. Don't get fooled by the offer of a discount as even if you pay the reduced sum, they MAY try to sell on the balance to another DCA, but even if they don't it will still leave your credit file trashed as showing a "partial" payment. I would ignore for now!

[Brusselsprout]

Does not look as if they have yet complied with CCA request, unless you have not put this in your diary. Don't get fooled by the offer of a discount as even if you pay the reduced sum, they MAY try to sell on the balance to another DCA, but even if they don't it will still leave your credit file trashed as showing a "partial" payment. I would ignore for now!

Thanks for the input guys...

They are yet to comply with CCA request, so yes, i will be ignoring this offer

Thanks
Brussel

[Brusselsprout]

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

DEBT #8

Type of account: Wonga PDL
Date commenced: November 2015
Approx balance: £340
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 2016
Account owner : Wonga

Nothing sent to Wonga yet. Any suggestions as to what to do with these guys?

Hi all

Hope we are all well

Just a quick question regarding Wonga. Now, i have heard scare stories about Wonga in that they hound and chase you relentlessly to pay up! But, ever since i stopped paying them back in March this year I have not heard anything whatsoever. The other accounts were on my case from a few weeks after missed payments, but I have received nothing, not even a phonecall from Wonga. Don't get me wrong, silence is great, and its one less creditor harassing me, but is it not unusual? Could they be seeking CCJs etc.. behind the scenes? I have read that people have received CCJs from payday lenders with no notice, so I am just a little concerned. I haven't even sent a CCA request, so it was literally me stopping payments, and then silence...

Anybody here had experiences from Wonga??

Thanks
Brussel

[Susie]

As long as you have not moved and they have your current address they should send notice before taking actiomn, and you would also hear from the court so it would be unlikely that they could get a CCJ without you knowing. I think normally that happens to people who ignore their pre court letters, and there are also new rules for taking someone to court but others may know different.

[Brusselsprout]

As long as you have not moved and they have your current address they should send notice before taking actiomn, and you would also hear from the court so it would be unlikely that they could get a CCJ without you knowing. I think normally that happens to people who ignore their pre court letters, and there are also new rules for taking someone to court but others may know different.

Thanks Susie... I'll just revel in the silence for now then and keep an eye on the post!

Thanks
Brussel

[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.

Hi all

Hope we are all enjoying the snow!

Just a quick question regarding my latest correspondence from Robinson Way. They have been told by Santander that they do not have a credit agreement for the overdraft and/or statements, and that i need to take this up directly with Santander. Am i right in thinking that they cannot take any action except letters/calls until a CCA is sent to me? This is for an overdraft, so not sure how different this is to a credit card one...

Thanks
Brussel