Let the fun commence - 6 year journey starts here!

[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

[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

[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]

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

[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

[Roger]

Link do seem to be pussy footing around here don't they! There has been contact with Barclaycard and Link to produce the CCA's and that activity would show on a SAR.

At some point a SAR on Barclaycard (covering both Debts) is likely to be needed. Probably legal advice/help so good filing and background detail will help at this point.

Also clarification on who the Current Creditor is within the Link Financial Group (that should show on the NOA, their Default Notice and their Statement of Account.)
Silence here and fact finding research is the order of the Day.

[Brusselsprout]

Link do seem to be pussy footing around here don't they! There has been contact with Barclaycard and Link to produce the CCA's and that activity would show on a SAR.

At some point a SAR on Barclaycard (covering both Debts) is likely to be needed. Probably legal advice/help so good filing and background detail will help at this point.

Also clarification on who the Current Creditor is within the Link Financial Group (that should show on the NOA, their Default Notice and their Statement of Account.)
Silence here and fact finding research is the order of the Day.

Thanks Roger

i am filing my letters away, and updating as i receive I wasn't aware there were other creditors within Link... i thought it was just Link i will have a check..

Thanks
Brussel

[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!
21st June 2018: Finally received some news from Moorcroft regarding my CCA request from over a year ago! They say Nationwide cannot provide this, but here is a list of statements instead from 2017 to 2018! Account on hold until 15th July 2018. They also mention my last payment to the account was my £1 postal order for the CCA request! Cheeky!

Morning all

I finally received some info on my CCA request from Moorcroft/ Nationwide - which i made over a year ago! Basically they cannot provide it! But, they have provided me with loads of statements. I am a bit confused (although not complaining) as to why they couldn't reconstitute this as it was a 2012 card? Also, does this basically mean that no court action can be taken on this now?

Thanks
Brussel

[The Tech Clerk]

no CCA then they could start proceedings but would need to supply at some stage, sure others will comment also, so do not be confused they are

[nightwatch]

As TTC says, they do need a valid CCA to go to court, they can still ask you to pay but you don't need to,
as for why they cannot reconstitute the CCA, they have to have the original to do so, as the original is needed for court.

They MAY find the CCA some time in the future but as long as you don't contact, or make a payment to them any time in the next 6 years (5 Scotland) or admit that the debt is yours in any way, It will become SB,

PS Nationwide don't have a CCA for my card either.

[Joanna Connolly Solicitors]

I finally received some info on my CCA request from Moorcroft/ Nationwide - which i made over a year ago! Basically they cannot provide it! But, they have provided me with loads of statements.

If they are unable to comply with your s77-79 CCA Request then they are supposed to write and tell you the debt is unenforceable. Did their letter say that?

It's in the FCA Handbook CONC 13.1.6 here > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

They've had a year to produce your credit agreement and/or reconstitute it and so far they haven't been able to.

Why not send a SAR to Nationwide so you can see with your own eyes what information and data they hold on you, and more importantly what information they haven't got. They must send you everything on file which should include both your overdraft and credit card account. That way you'll kill two birds with one stone

Di

[Brusselsprout]

If they are unable to comply with your s77-79 CCA Request then they are supposed to write and tell you the debt is unenforceable. Did their letter say that?

It's in the FCA Handbook CONC 13.1.6 here > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

They've had a year to produce your credit agreement and/or reconstitute it and so far they haven't been able to.

Why not send a SAR to Nationwide so you can see with your own eyes what information and data they hold on you, and more importantly what information they haven't got. They must send you everything on file which should include both your overdraft and credit card account. That way you'll kill two birds with one stone

Di

Thanks for the input all...

Di - No they did not say it was unenforceable, just that they will put my account on hold until 15th July. Can i push back to them about this?

Also, the cheeky £1 postal order payment for my CCA was used as a payment which could affect my statute barred date right? Clearly a long way off that yet anyway but just something that crossed my mind...can i push back on this too?

Thanks for all your help.

Brussel

[The Tech Clerk]

easily prove the payment was a regulatory requirement they would fail on that one, you kept copies did you not?

[The Tech Clerk]

did you send a SAR as told to?

[Joanna Connolly Solicitors]

they did not say it was unenforceable, just that they will put my account on hold until 15th July. Can i push back to them about this?

Also, the cheeky £1 postal order payment for my CCA was used as a payment which could affect my statute barred date right? Clearly a long way off that yet anyway but just something that crossed my mind...can i push back on this too?

No don’t make them aware of anything they don’t get right.

These will be conduct issues so if you ever end up in court (hopefully not!) they will reflect badly on them.

Just smile when it happens and file away the evidence.

Di