RhodriMawr's UE Journey

[Roger]

Re: RhodriMawr's UE Journey

RhodriMawr's UE Journey

Barclaycard Visa
Type of Account - Credit Card
Date Commenced – Approx 1996
Approx Balance - £7,514.06
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS

Status – Last Payment February 2017
Account Owner – Cabot Financial Europe
2017
March 21^st– CCA Request sent


Barclaycard Mastercard
Type of Account - CreditCard
Date Commenced – Approx1998
Approx Balance - £4710
Date Last Paid - > 9 YearsAgo
Arrangement – The Debt Charity Formerly Known as CCCS
Status – LastPayment February 2017
Account Owner – Cabot Financial Europe
2017
March 21^st– CCA Request sent


I have not had any response from Cabot to my request for CCA's for the above debts. No payment has been made since February. I did not use Track and Trace when I sent the CCA , only proof of posting, should I resend my CCA request.

Did you send Postal Orders or a Cheque?
You can check as to whether these have been Paid. I always keep a copy of the Postal Order Numbers.

[Joanna Connolly Solicitors]

Re: RhodriMawr's UE Journey

RhodriMawr's UE Journey

Barclaycard Visa
Type of Account - Credit Card
Date Commenced – Approx 1996
Approx Balance - £7,514.06
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS

Status – Last Payment February 2017
Account Owner – Cabot Financial Europe
2017
March 21^st– CCA Request sent


Barclaycard Mastercard
Type of Account - CreditCard
Date Commenced – Approx1998
Approx Balance - £4710
Date Last Paid - > 9 YearsAgo
Arrangement – The Debt Charity Formerly Known as CCCS
Status – LastPayment February 2017
Account Owner – Cabot Financial Europe
2017
March 21^st– CCA Request sent


I have not had any response from Cabot to my request for CCA's for the above debts. No payment has been made since February. I did not use Track and Trace when I sent the CCA , only proof of posting, should I resend my CCA request.

No need to re-send since you've got Proof of Posting.

Did you send both CCA Requests in the same envelope?

Di

[RhodriMawr]

Re: RhodriMawr's UE Journey

No - separate envelopes, have proof of posting x2. Thanks.

[Joanna Connolly Solicitors]

Re: RhodriMawr's UE Journey

March 21^st– CCA Request sent

I have not had any response from Cabot to my request for CCA's for the above debts. No payment has been made since February.

Have you not received any letters (or calls) from Cabot since you stopped paying in February on either of these old Barclaycard accounts?

If your CCA Requests were sent on 21st March then those debts are currently unenforceable unless or until Cabot complies.

In fact they have a duty to tell the consumer they're unenforceable not just 'go quiet'. That's clearly spelt out in the FCA Handbook CONC 13.1. (c) (8) which says >

1. (8) However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.

Link to CONC . https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

Di

[RhodriMawr]

Re: RhodriMawr's UE Journey

Thanks Diana, that's really interesting. I have had no contact from Cabot since my CCA request. The fact that I have had no request for payment suggests they have received my letters.

[RhodriMawr]

Type of Account – Lloyds TSB Credit Card
Date Commenced – Approx 2000
Approx Balance - £4324
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – Robinson Way
2017
March 21^st – CCA Request Sent.

April27th - Letter received from RW dated April 22nd stating that they have been informed by their client that the CCA request had been actioned and the relevant documents posted to me. Nothing received so far.

June 14th - No CCA has been provided so far. I have today received a letter from Lloyds Bank informaing me that the debt has been transferred to DCA Moorcroft Group. Do I need to do anything?

June 23rd - Moorcroft have made contact. A text asking me to contact them and two letters warning of possible further actions. All ignored.

[The Tech Clerk]

Moorcroft are only being asked to collect an alledged debt they are agents / not owners, after years many of us are awaiting their threat of possible action, they know they can not institute.

[RhodriMawr]

Type of Account - Monument Credit Card
Date Commenced – Approx 2003
Approx Balance - £2088
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – NCO Arrow
2017
March 21^st – CCA request sent
April 3^rd - Reply from NCO Arrow stating that they are not the creditor as envisaged by the Consumer Credit Act 1974 but will process my request with the creditor while suspending collection activity.
April 6^th – Letter from NCO Resolve asking me to contact them urgently as I have missed two payments and outlining further actions that may be taken (ignored).
April 20th - Letter from NCO Resolve warning that if I fail to repay the amounts due they will take steps to terminate my loan agreement and register a default with the Credit Reference Agencies.
June 9th - No response received regarding my CCA request.I have received numerous letters from Arrow Global / NCO Resolve requesting payment and received a Default Notice dated 03/06.2017. I have no evidence but suspect a default notice would have been placed on the account many years ago.Can anyone advise on how to respond please. Thanks.
June 23rd - Letter sent to Arrow Global Ltd reminding them that they are not the Creditor as envisaged by the CCA 1974 and as such they have no powers to register a default. Also reminded them that I have still not received a response to my request for a CCA.
July 17th - Letter from Arrow Global Guernsey Ltd. ASSIGNED by CompuCredit."We are unable at this time to obtain a copy of your CCA from the originating creditor.We confirm this account will not be the subject of collection activity until such time as the document becomes available and we provide your Client with a copy of the same.

[RhodriMawr]

Type of Account – Lloyds TSB Credit Card
Date Commenced – Approx 2000
Approx Balance - £4324
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – Robinson Way
2017
March 21st – CCA Request Sent.

April27th - Letter received from RW dated April 22nd stating that they have been informed by their client that the CCA request had been actioned and the relevant documents posted to me. Nothing received so far.

June 14th - No CCA has been provided so far. I have today received a letter from Lloyds Bank informaing me that the debt has been transferred to DCA Moorcroft Group. Do I need to do anything?

June 23rd - Moorcroft have made contact. A text asking me to contact them and two letters warning of possible further actions. All ignored.

July - A couple of letters received offering monthly instalment offers,saying that they will continue to try and make contact with me and threatning referral to their Home Collection Division and the possible continued reporting of an adverse entry to my credit file.

[cymruambyth]

Good news about Monument; Moorcroft like to try and help

[The Tech Clerk]

Bless them they hope to have a bigger xmas party fund instead of Hot Dog from the stand down the road, pity they will not be taking a bite off you for their party, fleecers/collectors no power.

[RhodriMawr]

Type of Account - Monument Credit Card
Date Commenced – Approx 2003
Approx Balance - £2088
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – NCO Arrow
2017
March 21^st – CCA request sent
April 3^rd - Reply from NCO Arrow stating that they are not the creditor as envisaged by the Consumer Credit Act 1974 but will process my request with the creditor while suspending collection activity.
April 6^th – Letter from NCO Resolve asking me to contact them urgently as I have missed two payments and outlining further actions that may be taken (ignored).
April 20th - Letter from NCO Resolve warning that if I fail to repay the amounts due they will take steps to terminate my loan agreement and register a default with the Credit Reference Agencies.
June 9th - No response received regarding my CCA request.I have received numerous letters from Arrow Global / NCO Resolve requesting payment and received a Default Notice dated 03/06.2017. I have no evidence but suspect a default notice would have been placed on the account many years ago.Can anyone advise on how to respond please. Thanks.
June 23rd - Letter sent to Arrow Global Ltd reminding them that they are not the Creditor as envisaged by the CCA 1974 and as such they have no powers to register a default. Also reminded them that I have still not received a response to my request for a CCA.
July 17th - Letter from Arrow Global Guernsey Ltd. ASSIGNED by CompuCredit."We are unable at this time to obtain a copy of your CCA from the originating creditor.We confirm this account will not be the subject of collection activity until such time as the document becomes available and we provide your Client with a copy of the same.

[RhodriMawr]

Type of Account - Monument Credit Card
Date Commenced – Approx 2003
Approx Balance - £2088
Date Last Paid - > 9 Years Ago
Arrangement – The Debt Charity Formerly Known as CCCS
Status – Last Payment February 2017
Account Owner – NCO Arrow
2017
March 21^st – CCA request sent
April 3^rd - Reply from NCO Arrow stating that they are not the creditor as envisaged by the Consumer Credit Act 1974 but will process my request with the creditor while suspending collection activity.
April 6^th – Letter from NCO Resolve asking me to contact them urgently as I have missed two payments and outlining further actions that may be taken (ignored).
April 20th - Letter from NCO Resolve warning that if I fail to repay the amounts due they will take steps to terminate my loan agreement and register a default with the Credit Reference Agencies.
June 9th - No response received regarding my CCA request.I have received numerous letters from Arrow Global / NCO Resolve requesting payment and received a Default Notice dated 03/06.2017. I have no evidence but suspect a default notice would have been placed on the account many years ago.Can anyone advise on how to respond please. Thanks.
June 23rd - Letter sent to Arrow Global Ltd reminding them that they are not the Creditor as envisaged by the CCA 1974 and as such they have no powers to register a default. Also reminded them that I have still not received a response to my request for a CCA.
July 17th - Letter from Arrow Global Guernsey Ltd. ASSIGNED by CompuCredit."We are unable at this time to obtain a copy of your CCA from the originating creditor.We confirm this account will not be the subject of collection activity until such time as the document becomes available and we provide your Client with a copy of the same.

August 12th -I have checked my Noddle Credit Report today and noticed that Arrow Global have registered a Default Notice against me for this debt.
Are they allowed to do this bearing in mind they have stated they are not the owner of the debt? If Monument have previously defaulted this account am I right in thinking it can't be defaulted a second time?

[nightwatch]

If an account has been defaulted by the original creditor,and that default was registered with the CRA's and put on your credit file, then that is the only default allowed and will remain on your file for 6 years ( 5 scotland) who ever owns the debt now may change the account to their company name BUT CANNOT register a new default, or change the date.
do you have a copy of your credit file showing the ORIGINAL default?
If so you can take a complaint up with the CRA's

[RhodriMawr]

Hi, no I don't have any details of thr original default, it would probably have been around 12 years ago. If I SAR'd Monument is it likely to still be on their records?